The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This communication is responsive to the application filed on 06/20/2024.
Claims 1-20 are pending in this application. This action is made non-final.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Step 1 — Statutory Category
Question: Is it a process, machine, manufacture, or composition of matter?
✔ Yes.
“computer system comprising processors and memory”
includes method operations
Step 1 → Eligible category
Step 2A Prong 1 — Recited Judicial Exception
The focus is:
associating variables with theme values
toggling between values
rendering UI based on selected values
receiving variable data via interface
This maps to:
“organizing and displaying information” “managing visual presentation of data”
✔ Abstract idea categories:
mental process (conceptual data manipulation)
methods of organizing human activity (UI customization)
mathematical/data structure manipulation (variable assignment)
Conclusion: YES — Step 2A Prong 1 is met
Step 2A Prong 2 — “Practical Application”
Is the abstract idea integrated into a practical technological improvement?
What the claim adds:
variable data structures
theme switching
rendering UI
programmatic interface for external data
simulation mode
user toggle behavior
Key issue:
There is no specific improvement to computer functionality, such as:
improved rendering engine
reduced memory usage
faster GPU pipeline
improved network protocol
new graphics architecture
Examiner conclusion likely:
The computer is only acting as a tool
The claim is just:
using a computer to apply theme values and render UI
✔ No “integration into practical application” beyond generic use
Therefore: Step 2A Prong 2 NOT satisfied
Step 2B — “Significantly More”
Now we look for: an inventive concept beyond the abstract idea
Potential candidates in the claim:
variable data structures with multiple theme values
programmatic interface receiving external variables
simulation mode rendering
user toggling
Why these likely fail Step 2B:
1. Variable data structures
This is just data modeling
Equivalent to CSS variables / design tokens
2. Programmatic interface
Generic API concept
Well-understood in software systems
3. Simulation mode
Standard UI preview functionality
4. User toggling themes
Conventional UI feature (dark mode, settings)
5. Rendering UI based on theme values
Core function of UI frameworks
No technical improvement identified:
Nothing in the claim:
improves computer speed
reduces memory usage
improves rendering pipeline
changes graphics architecture
optimizes GPU operations
Examiner conclusion:
✔ Routine use of computer components ✔ Generic UI/data processing ❌ No “significantly more”
Therefore: Step 2B NOT satisfied
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-8 and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qu (US 2021/0216701).
Re claims 1, 13, and 20, Qu teaches a computer system comprising:
one or more processors (fig. 6 and [0137], processor);
a memory to store a set of instructions ([0137], memory);
wherein the one or more processors are operable to execute the instructions stored in the memory, to cause the computer system to perform operations ([0137]) that include:
associating a collection of variable data structures with a graphic design, each variable data structure of the collection being associated with multiple values, including a corresponding first value for a first theme and a corresponding second value for a second theme ([0017], CSS variable value in the target style resource link on the target page at the time of switching the themes. Also see [0086], light mode and dark mode and corresponding CSS variable values for each);
rendering the graphic design in the first theme by assigning each variable data structure of the collection to the corresponding first value of the first theme ([0085]-[0088], loading CSS variable values onto the target page to obtain the target theme); and
in response to an event, rendering the graphic design in the second theme by assigning each variable data structure of the collection to the corresponding second value of the second theme ([0087]-[0088], switching theme according light and dark mode).
Re claims 2 and 14, Qu teaches wherein rendering the graphic design in the second theme includes switching each variable data structure of the collection from being assigned to the corresponding first value of the first theme to being assigned the corresponding second value of the second theme ([0085]-[0088], switching theme from one to another such as light and dark mode; present the theme adapted to the current operating environment to the user without providing a theme switching instruction, thereby improving user experience. And the target style resource link loaded at the time of switching the themes includes only the CSS variable value for indicating the style changed at the time of switching the themes from the style of the target page. When the CSS variable value is loaded, only a part of the style of the target page will be changed, and the amount of the loaded data is significantly reduced compared with the CSS style table including all the style resources of the target page, thereby increasing the loading speed, reducing the time for switching the themes, and further improving the switching speed and fluency).
Re claims 3 and 15, Qu teaches wherein switching each variable data structure includes enabling the user to toggle the variable data structures of the collection between multiple corresponding values, including between the corresponding first and second values ([0055], an operating environment that is automatically adapted inside the terminal device or operating environments that may be autonomously selected to be switched by a user. For example, the operating environment may be a dark mode, a daytime mode, a night mode, or the like. Note: user can select theme, switch theme…).
Re claims 4 and 16, Qu teaches wherein the variable data structures of the collection are collectively of multiple different value types ([0059], The style resource includes a variable definition statement including a variable name and a variable value indicating the content of the variable name (i.e., a CSS variable value)).
Re claims 5 and 17, Qu teaches wherein the multiple different value types include one or more value types corresponding to numeric, string, color, and Boolean types ([0048]-[0049], font color and size).
Re claim 6, Qu teaches wherein the variable data structures of the collection include a variable data structure for a background of a canvas on which the graphic design is provided ([0078]-[0082], background picture).
Re claims 7 and 18, Qu teaches wherein the operations further comprise:
rendering the graphic design in a simulation mode ([0030], The target page may refer to a page to be presented to a user); and
enabling the user to select one of multiple possible themes, including the first theme or the second them, while the graphic design is rendered in the simulation mode ([0037]-[0039], entity may determine the style resource link of the target theme).
Re claims 8 and 19, Qu teaches wherein the operations further comprise:
providing a programmatic interface for a computing device of the computer system, the programmatic interface enabling the computer device to receive variable data for the collection from one or external sources ([0059], The execution entity of the method for determining the page theme (for example, the terminal or server illustrated in FIG. 1) may change the identification data for indicating the theme name stored in the body tag of the target page according to the target theme to obtain the target identification data).
Allowable Subject Matter
Claims 9-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the additional limitations integrate the abstract idea into a practical application and therefore overcome the rejection under 35 USC § 101.
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111 ( c ) to consider these references fully when responding to this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN H VU whose telephone number is (571)270-3482. The examiner can normally be reached on PHP 9-5:30 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Hong can be reached on 571-272-4124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOAN H VU/Primary Examiner, Art Unit 2178
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