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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/6/2026 has been entered.
Response to Amendment
The Amendments filed 3/6/2026 have been entered. Specification was amended and no claims were amended. Claims 1-18 are pending in the application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/6/2026 have been considered by the examiner.
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 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 1-5, 7-9, 10-14, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over El Ghoul et al. (hereinafter Ghoul), US 2017/0126592 A1, in view of SUTOU et al. (hereinafter SUTOU), US 2016/0112524 A1.
Ghoul was disclosed in an IDS filed 6/21/2024.
Regarding independent claim 1, Ghoul teaches a method ([0001] present invention implementing a method) comprising: causing generation on a user device of a map-based graphical user interface (GUI) for a social media platform ([0076], [0079] suggest FIGS. 11a-f represent map-based mobile user interface GUI for online social media platform 104 (a map-based graphical user interface GUI for a social medial platform) generated on a user’s mobile device (comprising causing generation on a user device)), the map-based GUI including a map representing a geographical area ([0079], [0084] FIG. 11a being the World page of the map-based GUI including a map representing a geographical area); causing display of a collection icon at a specific display location on the map to represent an ephemeral collective entity containing a set of media items published on the social media platform and having respective locations of origin geographically associated with the display location of the collection icon ([0079-0080] suggest FIG. 11a World page map displays blue circle 1102 at a certain location that depict locations wherein image or video uploads are active as ephemeral posts (causing display of a collection icon at a specific display location on the map to represent an ephemeral collective entity containing a set of media items) and are currently uploaded through the online social media platform 104 (published on the social media platform) and depicts the locations where the posting occur between 1-15 hours by the blue circle (and having respective locations of origin geographically associated with the display location of the collection icon)), the ephemeral collective entity having time-limited availability for viewing via the map-based GUI ([0056], [0079-0080], [0088] suggests that blue circle depicted ephemeral posts including the image or video uploads (the ephemeral collective entity) can only be retained for viewing by the social networking system entity (ies) 105 on the “World” tab for a limited period of time (having time-limited availability for viewing via the map-based GUI)); responsive to expiry of the availability of the ephemeral collective entity, discontinuing display of the collection icon for the ephemeral collective entity on the map ([0079-0080], [0088] suggests after the limited period of time for retaining the ephemeral posts including the image of video uploads depicted by the blue circle (responsive to expiry of the availability of the ephemeral collective entity), the ephemeral post at the location gets deleted and as the ephemeral post is viewed by the social networking system entity (ies) 105 they will not see the blue circle depicting the posts (discontinuing display of the collection icon) but instead may see orange smaller circle 1103 depicting locations where the ephemeral activity had occurred in the past on “The World” tab map view of FIG. 11a (for the ephemeral collective entity on the map)).
Ghoul does not expressly teach responsive to receiving user input selecting the ephemeral collective entity, causing automated sequential playback on the user device of the set of media items.
However, SUTOU teaches responsive to receiving user input selecting a collective entity, causing automated sequential playback on a user device of a set of media items ([0040], [0049], [0055], [0057] suggest responsive to receiving user selection of icon of tag information associated with close playback positions as a group (responsive to receiving user input selecting a collective entity) further cause a playback of the playback positions of the close separate display pieces of content such as a photograph and a video sequentially (causing automated sequential playback of a set of media items) on the client device (on a user device) associated with social media).
Because Ghoul and SUTOU address the issue of a collection of content associated with social media, accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of responsive to receiving user input selecting a collective entity, causing automated sequential playback on a user device of a set of media items as suggested by SUTOU into Ghoul’s method, with a reasonable expectation of success, such that in response to a user input selecting the blue circle displayed on the map view of “The World” of the user interface of the user mobile device, a playback of the group of ephemeral image of video uploads can be sequentially played back to teach responsive to receiving user input selecting the ephemeral collective entity, causing automated sequential playback on the user device of the set of media items. These modifications would have been motivated by the desire to associated information generated on the basis of an activity that is carried out by a user with respect to a content with the content, thereby effectively using the information (SUTOU [0005]).
Regarding dependent claim 2, Ghoul, in view of SUTUO, teach the method of claim 1, wherein: the ephemeral collective entity has an associated collection availability parameter that determines an availability period for which the ephemeral collective entity remains available via the map-based GUI (see Ghoul [0080] the blue circle collection of active image or video uploads of ephemeral posts (wherein the ephemeral collective entity), [0068] wherein each ephemeral post has an timer that is added (has an associated collection availability parameter), [0080], [0088] after the limited period of time for retaining the ephemeral posts including the image of video uploads depicted by the blue circle (that determines an availability period), the ephemeral post at the location gets deleted and as the ephemeral post is viewed by the social networking system entity (ies) 105 they will not see the blue circle depicting the posts (for which the ephemeral collective entity remains available) but instead may see orange smaller circle 1103 depicting locations where the ephemeral activity had occurred in the past on “The World” tab map view of FIG. 11a (via the map-based GUI)), and wherein the discontinuing display of the collection icon on the map of the map-based GUI is responsive to and conditional on the expiry of the collection availability parameter for the ephemeral collective entity (see Ghoul [0068], [0080], [0088] suggest wherein the blue circle depicting the active image and video ephemeral posts is discontinued and replaced by orange smaller circle depicting locations where previous ephemeral activity had occurred in the past on “The World” tab map view of FIG. 11a is responsive to and conditioned on the expiration of the timer added to the ephemeral posts with the image and video depicted by the blue circles when these posts are active).
Regarding dependent claim 3, Ghoul, in view SUTOU, teach the method of claim 2, wherein the collection availability parameter expires at a predefined expiry time (see Ghoul [0068], [0080], [0088] suggest that the limited period of time to retain the ephemeral posts comprising the blue circle depiction of active image and video posts can be defined by the added timer set time of the individual ephemeral posts as this would be better aligned with the user’s intention when the use added the time for each of the individual ephemeral posts).
Regarding dependent claim 4, Ghoul, in view of SUTOU, teach the method of claim 2, wherein: the set of media items comprises a plurality of ephemeral media items (see Ghoul [0068], [0080] suggest the images and videos of active posts are of ephemeral posts depicted by the “The World” tab map view of FIG. 11a), each ephemeral media item having a respective individual lifetime determining a remaining time for continued availability of the ephemeral media as part of the ephemeral collective entity (see Ghoul [0068], [0080], [0088] suggest that each ephemeral image and video active post as depicted by the blue circle could have a timer set to each of their corresponding ephemeral post by the posting user to determine when the ephemeral post would be considered active to be depicted by the blue circle in “The World” tab map view of FIG. 11a); and on an ongoing basis, removing respective ephemeral media items from the ephemeral collective entity responsive to expiry of the corresponding individual lifetimes (see Ghoul [0088] suggest each time a social networking system entity (ies) view “The World” tab map view of FIG. 11a (and on an ongoing basis), the ephemeral posts that have expired, possibly due to the expiration of their corresponding added timers, would be inactive and gets deleted and would no longer be depicted by a blue circle).
Regarding dependent claim 5, Ghoul, in view of SUTUO, teach the method of claim 4, wherein the collection availability parameter is determined by the respective individual lifetime of a last posted one of the plurality of ephemeral media items in the collective entity, so that display of the collection icon in the map-based GUI is discontinued upon expiry of said last posted ephemeral media item (see Ghoul [0068], [0080], [0088] suggest that because the blue circle can depict multiple ephemeral image and video posts each with corresponding respective added timers, the blue circle depiction of active image and video posts of the same location in the “The World” tab map view of FIG. 11a would be discontinued upon expiration of the ephemeral post with the last unexpired added timer).
Regarding dependent claim 7, Ghoul, in view of SUTUO, teach the method of claim 1, wherein the displaying of said collection icon is performed as part of an operation comprising displaying a plurality of collection items at different respective locations on the map, each collection item corresponding in location to a respective collective entity containing an associated set of social items published on the social media platform for public availability (see Ghoul [0080], [0088-0089] FIG. 11a showing display of multiple blue circle 1102 at different respective locations on “The World” tab map view, each blue circle corresponds to location containing an associated set of ephemeral posts published to the online social media platform 104).
Regarding dependent claim 8, Ghoul, in view of SUTUO, teach the method of claim 7, further comprising, in an automated operation performed using one or more computer processors configured therefor, automatically compiling one or more of the plurality of collective entities based at least in part on respective geo-tag data of media items submitted for public display via the social media platform (see Ghoul [0080-0081] suggest the green larger circle 1101, the blue circle 1102, and orange smaller circle 1103 depicted by mobile interface in FIG. 11a representing at least image or video uploads are captured around the world based at least in part on hash tag name that can represent the location of interest).
Regarding dependent claim 9, Ghoul, in view of SUTUO, teach the method of claim 8, further comprising, for one or more of the collective entities, compiling the corresponding collective entity in operations comprising: in an automated operation performed using one or more computer processors configured therefor, compiling a set of candidate ephemeral messages for inclusion in a collective entity based at least in part on respective geo-tag data of media items submitted for public display via the social media application (see Ghoul [0080-0081] suggest the multiple blue circle 1102 automatically depicted based on at least active image or video uploads that are captured from around the world based at least in part on hash tag name that can represent the location of interest); and in a curation operation performed by a human operator, selecting from the set of candidate media items a subset of media items that are included in the corresponding collective entity (see Ghoul [0068], [0080], [0088] suggest that the collections of orange smaller circles (in the corresponding collective entity) automatically depicted on the mobile interface “The Word” tab map view of FIG. 11a (and in a curation operation) may result from inactive ephemeral image or video posts due to user edits (by a human operator) of adding timer for the ephemeral image or video posts that have expired (selecting from the set of candidate media items a subset of media items that are included)).
Regarding independent claim 10, claim 10 is a system claim that is substantially the same as the method of claim 1. Therefore, claim 10 is rejected for the same reason as claim 1. In addition, Ghoul teaches a system comprising: one or more computer processor devices; and memory storing instructions which, executed by the one or more computer processor devices, configure the server system to perform operations comprising ([0054] a mobile device supporting an online social media platform, wherein the mobile device would have one or more processors and memory storing instruction which, executed by one or more processors, configure the online social media platform to perform operations on the mobile interface comprising).
Regarding dependent claims 11-14 and 16-17, claims 11-14 and 16-17 are system claims that are substantially the same as the method of claims 2-5 and 7-8, respectively. Therefore, claims 11-14 and 16-17 are rejected for the same reasons as claims 2-5 and 7-8.
Regarding independent claim 18, claim 18 is a non-transitory computer-readable storage medium claim that is substantially the same as the method of claim 1. Therefore, claim 18 is rejected for the same reason as claim 1. In addition, Ghoul teaches a non-transitory computer-readable storage medium having stored thereon instructions for causing a machine, when executing the instructions, to perform operations comprising (page 8 “17. A computer program product comprising…” a computer readable non-transitory storage medium with recorded computer executable program code, said computer executable program code when executed, causing the actions including).
Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ghoul in view of SUTOU, as applied in the rejections of claims 1 and 10, respectively, and further in view of Allen et al. (hereinafter Allen), US 2016/0099901 A1.
Allen was disclosed in an IDS filed 6/21/2024.
Regarding dependent claim 6, Ghoul, in view of SUTUO, teach all the elements of claim 1.
Ghoul and SUTUO do not expressly teach wherein each of the media items has a respective display duration, the automated sequential playback of the set of media items is provided by operations comprising: displaying media content of a first one of the set of the media items for the respective display duration; at expiry of the display duration, automatically displaying media content of a next one of the set of media items; and repeating the operation of displaying a next social media item in sequence until the set of media items has been displayed in its entirety or until a user input indicating dismissal of the automated sequential playback is received.
However, Allen teaches wherein each of media items has a respective display duration ([0019] An ephemeral message may be a text, an image, a video and the like, [0023] FIG. 3 illustrates…a photograph 300 operative as an ephemeral message, [0034] FIG. 7 illustrates a data structure for an ephemeral message gallery. A first column 700 may have a list of messages. Another column 702 may have a list of message duration parameters for individual messages, [0038] The first operation in FIG. 10 is to display the next message in the gallery 1000. In the example of FIG. 7, the oldest message is the first message to be displayed. A message timer is then started 1002. The message timer expires at the end of the message duration parameter for the displayed ephemeral message; this suggests that a gallery of ephemeral messages shown in the table of FIG. 7, wherein each ephemeral message within the gallery may include a photograph as shown in FIG. 3 (wherein each of media items) and each ephemeral message with photograph has a respective message duration, is utilized in operations depicted in FIG. 10 such that each gallery ephemeral message with photograph is displayed based on a message timer for the respective message duration (has a respective display duration)), an automated sequential playback of the set of media items is provided by operations ([0037] FIG. 10 illustrates processing operations performed by the ephemeral gallery module 522 in response to a request for an ephemeral message gallery. As shown in FIG. 8, a user receives a list of 802 of available stories. Haptic contact with indicia of a story is operative as a request to view an ephemeral message gallery, [0038] The first operation in FIG. 10 is to display the next message in the gallery 1000. In the example of FIG. 7, the oldest message is the first message to be displayed. A message timer is then started 1002. The message timer expires at the end of the message duration parameter for the displayed ephemeral message. In the example of FIG. 7, the first message (Message_1) is displayed for 10 seconds. Block 1004 checks for the timer to expire. Upon expiration of the timer (1004—Yes), a check is made to determine if the gallery is empty 1006. If so (1006—Yes), processing is completed 1008. If not (1006—No), processing returns to block 1000. This processing loop is repeated until the gallery is empty, [0023] FIG. 3 illustrates…a photograph 300 operative as an ephemeral message; this suggests in response to a request for an ephemeral message gallery the processing operations (is provided by operations) illustrated in FIG. 10 loops sequentially through the set of ephemeral messages of a gallery (an automated sequential playback of the set of), i.e. a gallery in example of FIG. 7 of ephemeral messages wherein each ephemeral message is associated with a photograph as suggested by FIG. 3 (media items)) comprising: displaying media content of a first one of the set of the media items for the respective display duration; at expiry of the display duration, automatically displaying media content of a next one of the set of media items; and repeating the operation of displaying a next social media item in sequence until the set of media items has been displayed in its entirety or until a user input indicating dismissal of the automated sequential playback is received ([0038] The first operation in FIG. 10 is to display the next message in the gallery 1000. In the example of FIG. 7, the oldest message is the first message to be displayed. A message timer is then started 1002. The message timer expires at the end of the message duration parameter for the displayed ephemeral message. In the example of FIG. 7, the first message (Message_1) is displayed for 10 seconds. Block 1004 checks for the timer to expire. Upon expiration of the timer (1004—Yes), a check is made to determine if the gallery is empty 1006. If so (1006—Yes), processing is completed 1008. If not (1006—No), processing returns to block 1000. This processing loop is repeated until the gallery is empty, [0023] FIG. 3 illustrates…a photograph 300 operative as an ephemeral message; this suggests the processing operations of FIG. 10 for displaying messages in a gallery represented by FIG. 7, wherein gallery ephemeral messages are each associated with a photograph (the set of the media items) as suggested by FIG. 3, would comprises displaying a photograph (comprising displaying media content) associated with first message, i.e. Message_1 (of a first one of), for the first message’s corresponding display message duration of 10 seconds (for the respective display duration), at the end of the 10 seconds (at the expiry of the display duration), the processing displays a next ephemeral message with associated photograph (automatically displaying media content of a next one of) in the gallery (the set of media items), i.e. Message_2, and per FIG. 10 the processing loop displaying the next ephemeral message with corresponding photograph of the gallery is repeated until the gallery is empty (and repeating the operation of displaying a next social media item in sequence until the set of media items has been displayed in its entirety or until a user input indicating dismissal of the automated sequential playback is received)).
Because Ghoul, in view of SUTOU, and Allen address the issue of automatically playback of content associated with social media, accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings wherein each of media items has a respective display duration, an automated sequential playback of a set of the media items is provided by operations comprising: displaying media content of a first one of the set of media items for the respective display duration; at expiry of the display duration, automatically displaying media content of a next one of the set of media items; and repeating the operation of displaying a next social media item in sequence until the set of media items has been displayed in its entirety or until a user input indicating dismissal of the automated sequential playback is received as suggested by Allen to further modify Ghoul and SUTOU’s method, with a reasonable expectation of success, such that upon user selection on the map display of a blue circle with each active image or video uploads comprising attached images, the computing device displaying the map interface displaying each upload with image or video for a set duration of time and upon expiration of the upload display duration repeating the cycling for display a next upload and its associated image or video in the collection until the entire collection of image or video uploads have been displayed to teach wherein each of the media items has a respective display duration, the automated sequential playback of the set of media items is provided by operations comprising: displaying media content of a first one of the set of the media items for the respective display duration; at expiry of the display duration, automatically displaying media content of a next one of the set of media items; and repeating the operation of displaying a next social media item in sequence until the set of media items has been displayed in its entirety or until a user input indicating dismissal of the automated sequential playback is received. This modification would have been motivated by the desire to maintain spontaneity and expand communicative content of messaging activity, while reducing the device management burdens imposed upon a message recipient (Allen [0003]).
Regarding dependent claim 15, claim 15 is a system claim that is substantially the same as the method of claim 6. Therefore, claim 15 is rejected for the same reason as claim 6.
Response to Arguments
Applicant’s amendments to the Specification are persuasive and thus the objections to the specification set forth in the Office Action dated 11/6/2025 are withdrawn.
Applicant’s Remarks filed 3/6/2026 traversing the 35 U.S.C. 103 rejections have been fully considered but they are not persuasive. Each of Applicant’s arguments is addressed below.
I. Response to Applicant’s Assertion That It Did Not Attack References Individually
Applicant argues (Remarks, p.9) that its previous response did not improperly attack references individually but rather challenged the Examiner’s factual interpretation of what Ghoul actually teaches.
The Examiner acknowledges that Applicant’s challenge to the factual findings regarding what Ghoul teaches is a permissible line of argument in a 103 rejection. Per MPEP 2145 II, while one cannot show nonobviousness by attacking references individually in a combination rejection (In re Keller, 642 F.2d 413 (CCPA 1981)), an applicant is entitled to challenge whether a specific reference teaches the specific limitation it was relied upon to teach in the combination.
The prior Office Action’s In re Keller citation was directed at Applicant’s previous argument regarding the sequential playback limitation, which was mapped to the Ghoul-SUTOU combination, not to Ghoul alone. To the extent Applicant challenges Ghoul’s contribution to the combination, that challenge is addressed substantively below. To the extent Applicant previously challenged limitations that were mapped to the combination as a whole (rather than Ghoul alone), the In re Keller admonition was appropriate.
II. Ghoul’s Colored Circles Teach “Collection Icons” Under BRI
Applicant argues (Remarks, pp.10–12) that Ghoul’s colored circles 1101–1103 are merely activity indicators showing posting frequency at geographic locations, not selectable collection icons representing ephemeral collective entities. Applicant further contends that viewing of stories in Ghoul is exclusively via hashtag selection, not circle selection, and that inherency is not established.
The Examiner respectfully disagrees.
A. The “collection icon” limitation does not require direct selectability. Claim 1 recites two separate limitations: (1) “causing display of a collection icon at a specific display location on the map to represent an ephemeral collective entity containing a set of media items”; and (2) “responsive to receiving user input selecting the ephemeral collective entity, causing automated sequential playback.” The display limitation and the selection-triggering-playback limitation are distinct. Ghoul is relied upon for the display limitation. SUTOU is relied upon for the selection-triggering-playback limitation. Applicant’s argument conflates these two limitations by requiring the collection icon itself to be directly selectable to trigger playback, but that is not what the display limitation requires.
B. Under BRI, Ghoul’s blue circles represent ephemeral collective entities. Ghoul’s blue circle 1102 displayed on the “World” page map (Ghoul, FIG. 11a, [0079]–[0080]) satisfies the “collection icon” limitation because: (1) it is displayed at a specific display location on the map; (2) it represents a collection of ephemeral content at that location, specifically, “locations where image or video uploads are active and are currently uploaded through the online social media platform 104, and depicts the locations where the postings occur between 1–15 hours” (Ghoul, [0080]); and (3) the underlying ephemeral posts have respective locations of origin geographically associated with the display location of the circle.
Under broadest reasonable interpretation (MPEP 2111), the blue circle 1102 is reasonably interpreted as a “collection icon” that represents an “ephemeral collective entity” (the group of active ephemeral image/video uploads at that geographic location) “containing a set of media items” (the image/video uploads themselves). Applicant’s argument that the circles are merely “activity indicators” or “heatmap information” does not negate this interpretation. Even if the circles also serve an activity-indication function, they simultaneously represent the existence of a collection of ephemeral media items at a given geographic location. A single GUI element can serve multiple functions. The claim does not require the collection icon to be exclusively a collection icon or to lack additional functionality such as activity-level indication.
C. The rejection does not rely on inherency for selectability.
The Examiner clarifies that the rejection does NOT rely on inherent disclosure of the circles being selectable to trigger playback. The selectability and sequential playback functionality is taught by SUTOU ([0040], [0049], [0055], [0057]) in combination with Ghoul. Applicant’s extensive inherency analysis (citing In re Robertson and Ex parte Levy) is directed at a limitation that was not attributed to Ghoul alone. The inherency standard Applicant invokes is therefore inapplicable here.
III. SUTOU Teaches Selection-Triggered Sequential Playback of Grouped Content
Applicant argues (Remarks, pp.12–13) that SUTOU merely describes selecting tag information to jump to a playback position within a single piece of content, not selecting a collection icon to trigger sequential playback of multiple discrete media items.
The Examiner respectfully disagrees.
First, Applicant’s argument focuses on what SUTOU teaches in isolation rather than addressing the combined teaching of Ghoul and SUTOU. Per MPEP 2145 II and In re Keller, the test for obviousness is whether the combination of references renders the claims obvious, not whether any single reference individually teaches all limitations.
Second, SUTOU’s teaching is broader than Applicant acknowledges. The Office Action cites SUTOU paragraphs [0040], [0049], [0055], and [0057] collectively, not paragraph [0057] alone. SUTOU [0055] and [0057] together describe that the tag information display control unit may display pieces of tag information associated with close playback positions as a group, and that selecting an icon of the tag information causes sequential display/playback of the grouped content. This teaches the concept of selecting a visual representation of grouped content items (a collective entity) to trigger sequential playback/display of those items.
In the combination, this teaching is applied to Ghoul’s context: Ghoul teaches displaying collection icons (blue circles) on a map representing ephemeral collective entities containing sets of media items. SUTOU supplies the teaching that selecting a visual icon representing grouped content triggers sequential playback of the grouped items. A person of ordinary skill in the art (POSITA) would recognize that applying SUTOU’s content-selection-and-sequential-playback paradigm to Ghoul’s map-based ephemeral content collections would yield the claimed result.
Applicant’s narrow characterization of SUTOU as limited to “jumping to a position within a single content” does not account for SUTOU [0055] and [0057], which describe grouped tag information (multiple items) and sequential display thereof upon selection. Applicant’s reliance on SUTOU claim 19 to characterize the scope of SUTOU’s teaching is also misplaced, the Office Action relies on SUTOU’s disclosure, not its claims, and a reference’s teachings are not limited to its claims.
IV. The Combination Does Not Require Fundamental Restructuring
Applicant argues (Remarks, p.13) that the proposed combination would require “fundamentally restructuring” both references and that neither reference teaches the specific interrelationship of features recited in claim 1.
The Examiner respectfully disagrees.
The combination does not require transforming Ghoul’s circles into something different. As established above, under BRI, Ghoul’s blue circles 1102 already represent ephemeral collective entities (groups of active ephemeral image/video uploads) at specific geographic locations on a map. The combination with SUTOU simply adds the functionality that, responsive to user selection of such a collective entity, automated sequential playback of the grouped items is triggered.
This is an application of a known technique (SUTOU’s selection-triggered sequential playback of grouped content) to a known base device (Ghoul’s map-based display of ephemeral content collections) to yield predictable results, a recognized KSR rationale. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007); MPEP 2143(I)(D) (“Applying a Known Technique to a Known Device”).
The 103 analysis does not require any single reference to teach the full interrelationship of all claimed features. The relevant inquiry is whether a POSITA, considering the references together with common knowledge, would have arrived at the claimed combination. Ghoul teaches the map-based display of ephemeral content collections with time-limited availability and discontinuation upon expiry. SUTOU teaches selection-triggered sequential playback of grouped content items. The combination does not change the principle of operation of either reference; it merely applies SUTOU’s playback paradigm to Ghoul’s content display context.
V. Motivation to Combine Is Properly Articulated
Applicant argues (Remarks, pp.13–14) that the proposed combination lacks articulated reasoning with rational underpinning and that the Examiner’s stated motivation relates to SUTOU’s tag association functionality, not to the claimed map-based collection icon selection and sequential playback.
The Examiner respectfully disagrees.
Analogous art and same field of endeavor. Both Ghoul and SUTOU are in the same field of endeavor: social media content presentation and user interaction with media content displayed through graphical user interfaces. Ghoul discloses a social media platform that displays ephemeral content on a map-based interface. SUTOU discloses techniques for enabling user interaction with grouped content items including sequential playback through a GUI. A POSITA working on enhancing a map-based social media interface like Ghoul’s would naturally look to other social media content interaction techniques, such as SUTOU’s selection-based sequential playback of grouped content, to improve the user experience of consuming the ephemeral content already displayed on the map.
Motivation from the nature of the problem. Ghoul’s map interface displays collections of ephemeral posts at geographic locations. A POSITA would recognize that merely displaying indicators of content existence without providing a mechanism for the user to conveniently consume that content sequentially leaves the user interface incomplete. Providing a mechanism for selecting a collection and triggering sequential playback of its contents, as taught by SUTOU, addresses the obvious gap of how a user interacts with and consumes the displayed content. This motivation flows from the nature of the problem to be solved, which is a proper source of motivation under KSR. See KSR, 550 U.S. at 418–419.
KSR rationale. The combination further represents the use of a known technique (SUTOU’s selection-triggered sequential playback of grouped content) to improve a similar device (Ghoul’s map-based ephemeral content display) in the same way. See MPEP 2143(I)(C). The Supreme Court in KSR cautioned against applying a rigid TSM test that would require explicit motivation statements in the references. The motivation can come from “the nature of the problem to be solved” and “the knowledge of one of ordinary skill in the art.” KSR, 550 U.S. at 418–419.
In addition to the above, the previously stated motivation, to associate information generated on the basis of an activity that is carried out by a user with respect to a content with the content, thereby effectively using the information (SUTOU, [0005]), remains applicable. While Applicant characterizes this motivation as too abstract, the Examiner submits that when combined with the specific context of Ghoul’s map-based ephemeral content display, this motivation provides a POSITA with adequate rational underpinning to apply SUTOU’s interactive playback technique to Ghoul’s displayed content collections.
For the foregoing reasons, Applicant’s arguments are not persuasive. The 35 U.S.C. 103 rejections of all pending claims are maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUANG FU CHEN whose telephone number is (571)272-1393. The examiner can normally be reached M-F 9:00-5:30pm ET.
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, Jennifer Welch can be reached on (571) 272-7212. 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.
/KC CHEN/Primary Patent Examiner, Art Unit 2143
Prosecution Insights