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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/19/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 11/26/2025 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.
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 1 and 28 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 24 and 26 of copending Application No. 18/652,119 in view of Fowler et al. (Pub No US 2023/0274382). Although the claims at issue are not identical, they are not patentably distinct from each other because the features being captured by clams 1 and 28 of the instant application are already claimed in claims 1, 24 and 26 of copending Application No. 18/652,119, except for an NFC connection in a public location.
Nevertheless, in a similar field of endeavor Fowler discloses an NFC connection in a public location (Paragraphs [0103] [0110] figure 1; machine readable code MRC 17B presented on a display, which may incorporate NFC communication technology).
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 over claims 1, 24 and 26 of copending Application No. 18/652,119 by specifically providing the elements mentioned above, as taught by Fowler, for the predictable result of implementing a connectivity standard that is well-known in the art to allow the user to interact with public screens on their own portable device (Fowler – figure 2).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Objections
Claim 53 is objected to because of the following informalities: The preamble of amended claim 53 states: “The method of claim 1”, however claim 1 is not directed to a method claim. The examiner will interpret the preamble of claim 53 as: “The method of claim 28”.
Appropriate correction is required.
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 28, 37 and 56 are rejected under 35 U.S.C. 103 as being unpatentable over Fowler et al. (Pub No US 2023/0274382) in view of Wang et al. (Pub No US 2023/0237559). Hereinafter, referenced as Fowler and Wang, respectively.
Regarding claim 28, Fowler discloses a method of shopping on media, including the steps of:
a user initiating a near field communication (NFC) connection (Paragraphs [0103] [0110] figure 1; machine readable code MRC 17B presented on a display, which may incorporate NFC communication technology) between a mobile device (e.g. user device 14B) of a user system having a user interface with a media screen in a public location (Paragraph [0099]; e.g. stadium, restaurant, etc.) that pushes data of items for purchase and available bets to the mobile device, wherein the user interface is remote from the media being shown (Paragraphs [0122] [0125] [0126] figure 1; pushing offers to the user device 14B, including betting opportunities, e.g. place wager and buy concession/merchandise fan portal options);
the user interface recognizing a geofence of the public location and pushing notifications to the user that purchasing and betting are available, and allowing sales of exclusive merchandise based on a location of the user (Paragraphs [0102] [0122] [0148] figures 1 and 2; determining that a user is within a geofence corresponding to the venue, and presenting fan portal 218 which includes a place wager and buy concession/merchandise option for delivery to the seat of the user, paragraph [0109]).
However, it is noted that Fowler is silent to explicitly disclose software recognizing and assigning functional tags to purchasable items in the media, the functional tags not being visually displayed on a screen during media playback; the user selecting an item in the media for purchase and viewing the item in a 360 degree view; the user accessing a one-click purchase function in the user interface; and the user purchasing the item seamlessly.
Nevertheless, in a similar field of endeavor Wang discloses software recognizing and assigning functional tags to purchasable items in the media, the functional tags not being visually displayed on a screen during media playback (Paragraphs [0021] [0043] [0044] figure 4; products that are shown, promoted, demonstrated, etc. by a person within the video, which the viewed of the video can choose to buy);
the user selecting an item in the media for purchase and viewing the item in a 360 degree view (Paragraph [0050]; 360-degree view of the product);
the user accessing a one-click purchase function in the user interface; and the user purchasing the item seamlessly (Paragraphs [0046] [0062]; if the user has “preregistered” prior to viewing the video, then the virtual purchase cart associated with the viewer is enabled. Enabling the virtual purchase cart by preregistration in turn enables the viewer to check out items within their virtual purchase cart using a “one-click” technique).
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 Fowler by specifically providing the elements mentioned above, as taught by Wang, for the predictable result of allowing preregistered users to be able to check out faster using a “one-click” technique (Wang – paragraph [0046]).
Regarding claim 37, Fowler and Wang disclose the method of claim 28; moreover, Fowler discloses the step of providing a unique text code or QR code to an establishment (Paragraph [0111] figure 2; QR code), wherein the establishment is able to integrate with the user interface to offer their own items unique to their location, advertise for themselves, and provide an ordering system for the user (Paragraphs [0120] [0121] [0136] figure 2; order food/merchandise to the seat of the user, advertise future events, and order food).
Regarding claim 56, Fowler and Wang disclose the method of claim 28; however, it is noted that Fowler is silent to explicitly disclose that said purchasing step is further defined as a step chosen from the group consisting of using stored payment and address information securely stored on non-transitory computer-readable media within the user system and linking and using existing payment information of the user.
Nevertheless, in a similar field of endeavor Wang discloses that said purchasing step is further defined as a step chosen from the group consisting of using stored payment and address information securely stored on non-transitory computer-readable media within the user system and linking and using existing payment information of the user (Paragraphs [0046] [0062]; if the user has “preregistered” prior to viewing the video, then the virtual purchase cart associated with the viewer is enabled. Enabling the virtual purchase cart by preregistration in turn enables the viewer to check out items within their virtual purchase cart using a “one-click” technique. Including customer name, shipping address, credit card details, etc.; paragraph [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 Fowler by specifically providing the elements mentioned above, as taught by Wang, for the predictable result of allowing preregistered users to be able to check out faster using a “one-click” technique (Wang – paragraph [0046]).
Claims 1, 3-8, 10-19, 24, 26-27, 30-33, 36, 38-48 and 53 are rejected under 35 U.S.C. 103 as being unpatentable over Fowler and Wang further in view of Taylor (Pub No US 2023/0070881). Hereinafter, referenced as Taylor.
Regarding claim 1, Fowler discloses a shopping interface for purchasing items on media comprising:
a user system including a user interface configured to display items and food for purchase and available bets response to a media stream transmitted to said user system (Paragraphs [0122] [0125] [0126] figure 1; pushing offers to the user device 14B, including betting opportunities, e.g. place wager and buy concession/merchandise fan portal options), wherein said user interface (e.g. user device 14B) is remote from a media display device in a public location (Paragraph [0099]; e.g. stadium, restaurant, etc.) rending said media stream and is connectable to said media display device with a near field communication (NFC) connection (Paragraphs [0103] [0110] figure 1; machine readable code MRC 17B presented on a display, which may incorporate NFC communication technology),
said user interface being configured to recognize a geofence of said public location and pushing notifications to the user in said public location that purchasing and betting are available and allowing sales of exclusive merchandise based on a location of said user (Paragraphs [0102] [0122] [0148] figures 1 and 2; determining that a user is within a geofence corresponding to the venue, and pushing offers to the user device 14B, including presenting fan portal 218 which includes a place wager and buy concession/merchandise option for delivery to the seat of the user, paragraph [0109]).
However, it is noted that Fowler is silent to explicitly disclose that said user interface is configured for users to view items in a 360 degree view; a one-click purchase function configured to securely store payment data and seamlessly complete a transaction initiated from said user interface.
Nevertheless, in a similar field of endeavor Wang discloses that said user interface is configured for users to view items in a 360 degree view (Paragraph [0050]; 360-degree view of the product);
a one-click purchase function configured to securely store payment data and seamlessly complete a transaction initiated from said user interface (Paragraphs [0046] [0062]; if the user has “preregistered” prior to viewing the video, then the virtual purchase cart associated with the viewer is enabled. Enabling the virtual purchase cart by preregistration in turn enables the viewer to check out items within their virtual purchase cart using a “one-click” technique).
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 Fowler by specifically providing the elements mentioned above, as taught by Wang, for the predictable result of allowing preregistered users to be able to check out faster using a “one-click” technique (Wang – paragraph [0046]).
However, it is noted that Fowler and Wang are silent to explicitly disclose displaying food for purchase; recognize and tag purchasable items in said media by analyzing images within said media for pixel values and gradients to compare to images of items available for sale in order to correctly identify said items.
Nevertheless, in a similar field of endeavor Taylor discloses displaying food for purchase (Paragraphs [0037] [0038]; shopping interface for purchasing items shown in the video content, including food);
recognize and tag purchasable items in said media by analyzing images within said media for pixel values and gradients to compare to images of items available for sale in order to correctly identify said items (Paragraphs [0031] [0042]; software program can analyze images within the media for pixel values and gradients to compare to images of items available for sale in order to correctly identify the items).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of implementing well-known robust image analysis schemes that accurately recognize objects in video content.
Regarding claim 3, Fowler, Wang and Taylor disclose the shopping interface of claim 1; however, it is noted that Fowler and Wang are silent to explicitly disclose that said items for purchase are gifted to an individual.
Nevertheless, in a similar field of endeavor Taylor discloses that that said items for purchase are gifted to an individual (Paragraph [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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of gifting products.
Regarding claim 4, Fowler, Wang and Taylor disclose the shopping interface of claim 1; moreover, Wang discloses said software is further defined as software that recognizes and tags items available to purchase in said media (Paragraphs [0025]-[0026] figures 1 and 2; identify products available for purchase).
However, it is noted that Fowler and Wang are silent to explicitly disclose software that recognizes and tags items available to purchase in said media by analyzing images within said media for pixel values and gradients to compare to images of items available for sale in order to correctly identify the items.
Nevertheless, in a similar field of endeavor Taylor discloses software that recognizes and tags items available to purchase in said media by analyzing images within said media for pixel values and gradients to compare to images of items available for sale in order to correctly identify the items (Paragraphs [0031] [0042]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of implementing well-known robust image analysis schemes that accurately recognize objects in video content.
Regarding claim 5, Fowler, Wang and Taylor disclose the shopping interface of claim 1; however, it is noted that Fowler and Wang are silent to explicitly disclose a recording mechanism configured to record a user-selected portion of media, the portion of media being less than a full media episode; a friend request mechanism configured to send and receive friend requests between users suggest friends based on shared interest profiled of the first individual user and allow friends to be searchable by information chosen from the group consisting of name, user name, gamer tag, telephone, address, and email; a first user transmitter/receiver included in the user system that transmits the portion of media and a message generated by the first individual user regarding the portion of media to a second individual user who is not a content provider, the user system including the user interface having an input device and screen view that is generated by software stored on a memory device of the first user transmitter/receiver, the user system including a user profile generator interface and a store section for shopping for products and listing products for sale; a confirmation mechanism that confirms that the second individual user is authorized to view the portion of media and a notification mechanism that notifies the first individual user if the second individual user is not authorized to receive the portion of media and notifies the second individual user that the portion of media cannot be received due to programming configuration subscribed to by the second individual user; and a second user transmitter/receiver included in a second user system that receives the portion of media upon authorization of the second individual user; the second user system including a second user interface having an input device and screen view that is generated by software stored on a memory device of the second user transmitter/receiver, the second user system including a user profile generator interface and a store section for shopping for products and listing products for sale, wherein said store section includes software that recognizes and tags items available to purchase in said media.
Nevertheless, in a similar field of endeavor Taylor discloses a recording mechanism configured to record a user-selected portion of media, the portion of media being less than a full media episode (Paragraph [0006]);
a friend request mechanism configured to send and receive friend requests between users suggest friends based on shared interest profiled of the first individual user and allow friends to be searchable by information chosen from the group consisting of name, user name, gamer tag, telephone, address, and email (Paragraph [0006]);
a first user transmitter/receiver included in the user system that transmits the portion of media and a message generated by the first individual user regarding the portion of media to a second individual user who is not a content provider, the user system including the user interface having an input device and screen view that is generated by software stored on a memory device of the first user transmitter/receiver, the user system including a user profile generator interface and a store section for shopping for products and listing products for sale (Paragraph [0006]);
a confirmation mechanism that confirms that the second individual user is authorized to view the portion of media and a notification mechanism that notifies the first individual user if the second individual user is not authorized to receive the portion of media and notifies the second individual user that the portion of media cannot be received due to programming configuration subscribed to by the second individual user (Paragraph [0006]);
and a second user transmitter/receiver included in a second user system that receives the portion of media upon authorization of the second individual user (Paragraph [0006]);
the second user system including a second user interface having an input device and screen view that is generated by software stored on a memory device of the second user transmitter/receiver, the second user system including a user profile generator interface and a store section for shopping for products and listing products for sale, wherein said store section includes software that recognizes and tags items available to purchase in said media (Paragraph [0006]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, etc.
Regarding claim 6, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that said user system further includes a search mechanism that allows the first individual user and second individual user to search by keywords for media and products used in media.
Nevertheless, in a similar field of endeavor Taylor discloses that said user system further includes a search mechanism that allows the first individual user and second individual user to search by keywords for media and products used in media (Paragraph [0006]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, etc.
Regarding claim 7, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that said user system further includes a video recording mechanism that allows the first individual user to record a video of themselves and share the video with the second individual user.
Nevertheless, in a similar field of endeavor Taylor discloses that said user system further includes a video recording mechanism that allows the first individual user to record a video of themselves and share the video with the second individual user (Paragraph [0006]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, etc.
Regarding claim 8, Fowler, Wang and Taylor disclose the shopping interface of claim 1; however, it is noted that Fowler and Wang are silent to explicitly disclose that said user system further includes an online betting module accessible by initiating a connection between the mobile device and a media screen that allows the first individual user to place bets on events, and wherein a bet can be placed before or during the events, and including an age verification mechanism.
Nevertheless, in a similar field of endeavor Taylor discloses that said user system further includes an online betting module accessible by initiating a connection between the mobile device and a media screen that allows the first individual user to place bets on events, and wherein a bet can be placed before or during the events, and including an age verification mechanism (Paragraph [0006]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 10, Fowler, Wang and Taylor disclose the shopping interface of claim 1; moreover, Wang discloses an ordering module (Paragraphs [0021] [0033] figures 1 and 2; order purchased products).
However, it is noted that Fowler and Wang are silent to explicitly disclose that said user system further includes an online food ordering module configured to identify food items shown in media content and allow said first individual user to order food items shown in media selected form the group consisting of commercials, online advertisements, and media programs, wherein the online food ordering module interacts with an existing food ordering and delivery platform, wherein the first individual user can gift food and delivery to another user, and wherein said online food ordering module includes software that recognizes and tags food available to order in said media by analyzing images within said media for pixel values and gradients to compare to images of food items available for sale in order to correctly identify the food items.
Nevertheless, in a similar field of endeavor Taylor discloses that said user system further includes an online food ordering module configured to identify food items shown in media content and allow said first individual user to order food items shown in media selected form the group consisting of commercials, online advertisements, and media programs, wherein the online food ordering module interacts with an existing food ordering and delivery platform, wherein the first individual user can gift food and delivery to another user, and wherein said online food ordering module includes software that recognizes and tags food available to order in said media by analyzing images within said media for pixel values and gradients to compare to images of food items available for sale in order to correctly identify the food items (Paragraph [0042]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 11, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that said user interface further includes a quick share button that allows for instant recording of media for a length of time chosen from the group consisting of 5 seconds, 10 seconds, 15 seconds, 30 seconds, 1 minute, and 5 minutes.
Nevertheless, in a similar field of endeavor Taylor discloses that said user interface further includes a quick share button that allows for instant recording of media for a length of time chosen from the group consisting of 5 seconds, 10 seconds, 15 seconds, 30 seconds, 1 minute, and 5 minutes (Paragraph [0051]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 12, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that the user system and second user system are capable of receiving and executing voice commands chosen from the group consisting of rewinding media, fast forwarding media, recording media, adding a message to recorded media, and sending media and/or a message.
Nevertheless, in a similar field of endeavor Taylor discloses that the user system and second user system are capable of receiving and executing voice commands chosen from the group consisting of rewinding media, fast forwarding media, recording media, adding a message to recorded media, and sending media and/or a message (Paragraph [0051]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 13, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that said user system and said second user system are integrated in a smartphone or tablet and are accessible by using an application stored on non-transitory computer readable media.
Nevertheless, in a similar field of endeavor Taylor discloses that said user system and said second user system are integrated in a smartphone or tablet and are accessible by using an application stored on non-transitory computer readable media (Paragraphs [0024] [0035]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 14, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that said media is chosen from the group consisting of program information, programming shows, movies, concerts, sporting events, online games, preset blocks of media, and commercials.
Nevertheless, in a similar field of endeavor Taylor discloses that said media is chosen from the group consisting of program information, programming shows, movies, concerts, sporting events, online games, preset blocks of media, and commercials (Paragraph [0057]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 15, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that the second user transmitter/receiver includes a recording mechanism that records a desired portion of media upon activation by the second individual user and can transmit the portion of media to the first individual user.
Nevertheless, in a similar field of endeavor Taylor discloses that the second user transmitter/receiver includes a recording mechanism that records a desired portion of media upon activation by the second individual user and can transmit the portion of media to the first individual user (Paragraph [0006]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 16, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that the user interface transmits the portion of media to the second user transmitter/receiver based upon a profile established through a user interface of the second user transmitter/receiver.
Nevertheless, in a similar field of endeavor Taylor discloses that the user interface transmits the portion of media to the second user transmitter/receiver based upon a profile established through a user interface of the second user transmitter/receiver (Paragraphs [0006] [0023]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 17, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that the profile comprises select program or program type disseminated by a media content provider and personal information of the user of the first user transmitter/receiver.
Nevertheless, in a similar field of endeavor Taylor discloses that the profile comprises select program or program type disseminated by a media content provider and personal information of the user of the first user transmitter/receiver (Claim 11 of the publication).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 18, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that the message is chosen from the group consisting of text, voice, video, emojis, and images.
Nevertheless, in a similar field of endeavor Taylor discloses that the message is chosen from the group consisting of text, voice, video, emojis, and images (Paragraph [0007]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 19, Fowler, Wang and Taylor disclose the shopping interface of claim 5; however, it is noted that Fowler and Wang are silent to explicitly disclose that the products are chosen from the group consisting of product directly advertised to the first individual user, products based on a user profile, products shown in a program, and combinations thereof.
Nevertheless, in a similar field of endeavor Taylor discloses that the products are chosen from the group consisting of product directly advertised to the first individual user, products based on a user profile, products shown in a program, and combinations thereof (Paragraph [0031]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content, purchasing items, searching for products, betting online, etc.
Regarding claim 24, Fowler, Wang and Taylor disclose the shopping interface of claim 1; moreover, Fowler discloses that said notifications are chosen from the group consisting of purchasing or betting is available, Wi-Fi details, text codes, QR codes, and combinations thereof (Paragraphs [0103] [0110] figure 1; machine readable code MRC 17B presented on a display, which may incorporate NFC communication technology, QR codes, etc.).
Regarding claim 26, Fowler, Wang and Taylor disclose the shopping interface of claim 1; however, it is noted that Fowler is silent to explicitly disclose that said one-click purchase function securely stores payment and address information of said user on non-transitory computer readable media.
Nevertheless, in a similar field of endeavor Wang discloses that said one-click purchase function securely stores payment and address information of said user on non-transitory computer readable media (Paragraphs [0046] [0062]; if the user has “preregistered” prior to viewing the video, then the virtual purchase cart associated with the viewer is enabled. Enabling the virtual purchase cart by preregistration in turn enables the viewer to check out items within their virtual purchase cart using a “one-click” technique. Including customer name, shipping address, credit card details, etc.; paragraph [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 Fowler by specifically providing the elements mentioned above, as taught by Wang, for the predictable result of allowing preregistered users to be able to check out faster using a “one-click” technique (Wang – paragraph [0046]).
Regarding claim 27, Fowler, Wang and Taylor disclose the shopping interface of claim 1; however, it is noted that Fowler is silent to explicitly disclose that said one-click purchase function is linked to existing payment information of said user.
Nevertheless, in a similar field of endeavor Wang discloses that said one-click purchase function is linked to existing payment information of said user (Paragraphs [0046] [0062]; if the user has “preregistered” prior to viewing the video, then the virtual purchase cart associated with the viewer is enabled. Enabling the virtual purchase cart by preregistration in turn enables the viewer to check out items within their virtual purchase cart using a “one-click” technique. Including customer name, shipping address, credit card details, etc.; paragraph [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 Fowler by specifically providing the elements mentioned above, as taught by Wang, for the predictable result of allowing preregistered users to be able to check out faster using a “one-click” technique (Wang – paragraph [0046]).
Regarding claim 30, Fowler, Wang and Taylor disclose all the limitations of claim 30; therefore, claim 30 is rejected for the same reasons stated in claims 3 and 26.
Regarding claim 31, Fowler, Wang and Taylor disclose all the limitations of claim 31; therefore, claim 31 is rejected for the same reasons stated in claim 4.
Regarding claim 32, Fowler, Wang and Taylor disclose all the limitations of claim 32; therefore, claim 32 is rejected for the same reasons stated in claim 5.
Regarding claim 33, Fowler, Wang and Taylor disclose all the limitations of claim 33; therefore, claim 33 is rejected for the same reasons stated in claim 8.
Regarding claim 36, Fowler, Wang and Taylor disclose all the limitations of claim 36; therefore, claim 36 is rejected for the same reasons stated in claim 10.
Regarding claim 38, Fowler, Wang and Taylor disclose all the limitations of claim 38; therefore, claim 38 is rejected for the same reasons stated in claim 7.
Regarding claim 39, Fowler, Wang and Taylor disclose all the limitations of claim 39; therefore, claim 39 is rejected for the same reasons stated in claim 13.
Regarding claim 40, Fowler, Wang and Taylor disclose all the limitations of claim 40; therefore, claim 40 is rejected for the same reasons stated in claims 5, 6 and 14.
Regarding claim 41, Fowler, Wang and Taylor disclose all the limitations of claim 41; therefore, claim 41 is rejected for the same reasons stated in claim 6.
Regarding claim 42, Fowler, Wang and Taylor disclose all the limitations of claim 42; therefore, claim 42 is rejected for the same reasons stated in claim 5.
Regarding claim 43, Fowler, Wang and Taylor disclose all the limitations of claim 43; therefore, claim 43 is rejected for the same reasons stated in claim 5.
Regarding claim 44, Fowler, Wang and Taylor disclose the method of claim 32; however, it is noted that Fowler and Wang are silent to explicitly disclose the step of the first individual user creating a user profile, and the user system generating suggested programming based on the user profile.
Nevertheless, in a similar field of endeavor Taylor discloses that the step of the first individual user creating a user profile, and the user system generating suggested programming based on the user profile (Paragraph [0056]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content with friends.
Regarding claim 45, Fowler, Wang and Taylor disclose the method of claim 32; however, it is noted that Fowler and Wang are silent to explicitly disclose the step of notifying the first individual user of messages in an inbox and suggestions of programming when the user system is turned on and notifying the first individual user that a friend is watching a program.
Nevertheless, in a similar field of endeavor Taylor discloses that the step of notifying the first individual user of messages in an inbox and suggestions of programming when the user system is turned on and notifying the first individual user that a friend is watching a program (Paragraph [0053]).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Taylor, for the predictable result of increasing the marketability of the product by allowing users the flexibility and capabilities of sharing content viewing experiences with friends.
Regarding claim 46, Fowler, Wang and Taylor disclose all the limitations of claim 46; therefore, claim 46 is rejected for the same reasons stated in claims 5 and 19.
Regarding claim 47, Fowler, Wang and Taylor disclose all the limitations of claim 47; therefore, claim 47 is rejected for the same reasons stated in claim 5.
Regarding claim 48, Fowler, Wang and Taylor disclose all the limitations of claim 48; therefore, claim 48 is rejected for the same reasons stated in claim 11.
Regarding claim 53, Fowler, Wang and Taylor disclose all the limitations of claim 53; therefore, claim 53 is rejected for the same reasons stated in claim 24.
Claims 9 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Fowler, Wang and Taylor further in view of Daly (Pub No US 2016/0358406). Hereinafter, referenced as Daly.
Regarding claim 9, Fowler, Wang and Taylor disclose the shopping interface of claim 8; moreover, Taylor discloses that said betting module includes an algorithm stored on non-transitory computer readable media that allows the user to place a bet on an event in real-time (Paragraph [0041]; Bets can be placed before or during an event. The online betting module can be easily accessible through a button or icon on the user interface 3).
However, it is noted that Fowler, Wang and Taylor are silent to explicitly disclose that the algorithm freezing action in the media temporarily for the user while the bet is placed.
Nevertheless, in a similar field of endeavor Daly discloses that the algorithm freezing action in the media temporarily for the user while the bet is placed (Paragraphs [0093] [0108]-[0109]; freeze play while user is placing bets).
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 Fowler, Wang and Taylor by specifically providing the elements mentioned above, as taught by Daly, for the predictable result of giving the gambler additional time to consider their bets without distractions.
Regarding claim 35, Fowler, Wang, Taylor and Daly disclose all the limitations of claim 35; therefore, claim 35 is rejected for the same reasons stated in claim 9.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Fowler, Wang and Taylor further in view of Walters et al. (Pub No US 2021/0150621). Hereinafter, referenced as Walters.
Regarding claim 21, Fowler and Wang disclose the shopping interface of claim 1; however, it is noted that Fowler and Wang are silent to explicitly disclose that said user system includes push notifications for allowing approval to protect against unapproved purchases.
Nevertheless, in a similar field of endeavor Walters discloses that said user system includes push notifications for allowing approval to protect against unapproved purchases (Paragraph [0052]; pushing a notification to a portable device in order receive approval for a pending purchase, allowing the user to allow or disallow the pending purchase transaction).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Walters, for the predictable result of allowing or disallowing the pending purchase transaction in case that they were not authorized by the user.
Claim 50 is rejected under 35 U.S.C. 103 as being unpatentable over Fowler and Wang further in view of Walters.
Regarding claim 50, Fowler, Wang and Walters disclose all the limitations of claim 50; therefore, claim 50 is rejected for the same reasons stated in claim 21.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Fowler, Wang and Taylor further in view of Ergen (Pub No US 2023/0064341). Hereinafter, referenced as Ergen.
Regarding claim 25, Fowler, Wang and Taylor disclose the shopping interface of claim 1; however, it is noted that Fowler and Wang are silent to explicitly disclose artificial intelligence that collects data based on user activity for use in advertising.
Nevertheless, in a similar field of endeavor Ergen discloses artificial intelligence that collects data based on user activity for use in advertising (Paragraph [0024]).
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 Fowler, Wang and Taylor by specifically providing the elements mentioned above, as taught by Ergen, for the predictable result of implementing machine learning to more accurately determine targeted advertisement to users which are more likely to purchase the advertised product.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Fowler, Wang and Taylor further in view of Kelly et al. (Patent No US 12,170,004). Hereinafter, referenced as Kelly.
Regarding claim 34, Fowler, Wang and Taylor disclose the method of claim 33; moreover, Fowler discloses betting on a live event (Paragraphs [0140] [0141] figure 2; betting on a sporting event)
However, it is noted that Fowler, Wang and Taylor are silent to explicitly disclose delaying a bet when the user is at a live event and viewing media that is on a delay.
Nevertheless, in a similar field of endeavor Kelly discloses delaying a bet when the user is at a live event and viewing media that is on a delay (Col. 2 lines 21-33 and lines 47-64; generating wager delay for in-attendance bettors to prevent that they can place a bet quickly after the home run is hit and before the event is communicated to the bookmaker for updating their odds such that the bettor is guaranteed to win the bet).
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 Fowler, Wang and Taylor by specifically providing the elements mentioned above, as taught by Kelly, for the predictable result of preventing bettors in attendance from betting on events where the broadcast has not reached the audience not in attendance just yet.
Claim 54 is rejected under 35 U.S.C. 103 as being unpatentable over Fowler and Wang further in view of Ergen.
Regarding claim 54, Fowler, Wang and Ergen disclose all the limitations of claim 54; therefore, claim 54 is rejected for the same reasons stated in claim 25.
Claims 55 and 57 are rejected under 35 U.S.C. 103 as being unpatentable over Fowler and Wang further in view of Canney et al. (Pub No US 2014/0310745). Hereinafter, referenced as Canney.
Regarding claim 55, Fowler and Wang disclose the method of claim 28; however, it is noted that Fowler and Wang are silent to explicitly disclose the step of promoting a product by a company that has partnered with the user system instead of a competitor product.
Nevertheless, in a similar field of endeavor Canney discloses the step of promoting a product by a company that has partnered with the user system instead of a competitor product (Paragraphs [0051] [0096]; prevent assets from a competitor, e.g. Pepsi, from being shown in the same content as the partnered advertiser, e.g. Coca Cola).
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 Fowler and Wang by specifically providing the elements mentioned above, as taught by Canney, for the predictable result of prevention presentation of products from direct competitors during the presentation of paid advertisement slots.
Regarding claim 57, Fowler, Wang and Canney disclose all the limitations of claim 57; therefore, claim 57 is rejected for the same reasons stated in claims 1 and 55.
Conclusion
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JUNIOR O. MENDOZA
Primary Examiner
Art Unit 2424
/JUNIOR O MENDOZA/Primary Examiner, Art Unit 2424