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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/06/2026 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4, 8 -12 and 16 is/ are rejected under 35 U.S.C. 103 as being unpatentable by US 20210350923 A1 to McKirdy and US 20140244442 A1 to Hirsch et al. (“Hirsch”).
As to claim 1, McKirdy teaches a system for creating a bidirectional user interface associated with an audiovisual broadcast (¶0044, display may be able to receive data (advertisement data, image data or movie data) from a local computer or one that is connected to the internet or some cloud based data server. The data content can be sent wirelessly for display on the display unit as part of the menu control system display, graphics user interface of the display, or ‘picture in picture’ capability. This allows for content to be viewed by the user of the equipment without having to place the content on, or as part of, traditional viewing channel programming. This ability allows for a greatly increase capability of messaging and advertising since other systems can only display ad content on a couple dedicated channels, which greatly limits the ability to target the ad placement and viewing of the content by the user since the user can change the channel to watch programming that cannot display targeted advertising or messaging) , comprising: one or more servers transmitting the audiovisual broadcast to a display device; one or more processors among the one or more servers and the display device (Fig. 1A, servers and displays); and non-transitory memory storing instructions that, when executed by the one or more processors, cause the one or more processors to: transmit, along with the audiovisual broadcast, instructions to generate a first user interface that is overlaid over the audiovisual broadcast by a device displaying the audiovisual broadcast (Fig. 1B, ¶0023, ¶0044, The data content can be sent wirelessly for display on the display unit as part of the menu control system display , graphics user interface of the display, or ‘pictureinpicture’ capability,"); receive a first command from a viewer of the audiovisual broadcast, causing an update to one or more values associated with the first user interface (¶0040, the mobile device might have at least one software application that would be configured to detect, then interpret the optical feedback of the user, then process the feedback and convert the data to command signals, ¶0045, ability to report the successful delivery and display of content at the exercise machine or associated displays); create, within the generated user interface overlay, an identifier to be used to access a second user interface on a second device (¶0038, ¶0039); capture the identifier with the second device (¶0051, ¶0039, ¶0048) ; generate the second user interface on the second device (¶0048, person while on a machine can give the person the ability to interact with the content using their mobile device by either scanning the content that might have advertisements with QR codes that would link their mobile device to websites (or through mobile device software application interface) to allow further interaction with content); receive a second command from the viewer as the viewer uses the second device (¶0040); update the one or more values again; and update the first user interface to display information related to the updated one or more values that were updated from within the second user interface (¶0045, This local computer software program might also have the ability to be connected to third party servers via an internet connection that would allow for content to be dynamically updated, allowing for remote management of content on the system as well as having the ability to report the successful delivery and display of content at the exercise machine or associated displays in a fitness club environment).
Hirsch teaches the display device receive, through the first user interface, a first command from a viewer of the audiovisual broadcast, the first command causing an update to one or more values associated with the first user interface; generate, within the first user interface, an identifier encoding (i) a network address for accessing a second user interface on a second device and (ii) a session identifier identifying a particular instance of the viewer using the display device to view the audiovisual broadcast; receive, from the second device after capture of the identifier, a request comprising the session identifier; in response to the request, associate the second device with the first user interface using the session identifier and generate the second user interface on the second device with information corresponding to the one or more values; receive, through the second user interface, a second command from the viewer; in response to the second command, update at least one of the one or more values previously updated in response to the first command; and transmit, to the display device, a message identifying the at least one updated value, the message causing the first user interface to display information corresponding to the at least one value updated through the second user interface while the display device continues displaying the audiovisual broadcast (¶0035-0036 A User scans the QR code with an electronic device (22), the electronic device used comprises of at least one of the following: Smart phones, tablets, other mobile devices with internet capabilities, and optical readers. Upon scanning, the electronic device may display items needed based on the Predetermined List (23) and display information about the items (24). Information about the items include, but are not limited to, price, brand, seller, description of item, shipping cost and availability. User/User may select the items based on their personal preferences in terms of at least one of the following: price, quantity, availability, vendor, shipping costs, brand, manufacturer, retailer, distributor, size, volume, weight, and quality (25) or choose to add all items to the User's Virtual shopping cart (26). The User may then add the complete or Customized List of Items to the User's Virtual shopping cart (27). After selecting to auto populate items into the cart, the User has the option of updating the quantity of the items and/or other criteria, checking out, or continuing shopping (28).). In view of the teachings of McKirdy, it would have been obvious before the effective filing date of the invention to modify the teachings of Hirsch. The suggestion/motivation would be quickening, enhancing, improving, and adding to the process for consumers are of great interest.
As to claim 2, McKirdy and Hirsch teaches the system of Claim 1, wherein the second device is a mobile computing device and the identifier is captured via a camera of the mobile computing device (¶0047, enhanced interactivity of the invention also provides reporting capabilities as an output based on how a person interacts with the displayed content using their mobile device (either by scanning a QR code or by using augmented reality software on their mobile device).
As to claim 3, McKirdy and Hirsch teaches the system of Claim 1, wherein the identifier is encoded as a Quick Response (QR) code (Fig. 7A. ¶0047, QR codes, barcode).
As to claim 4, McKirdy and Hirsch teaches the system of Claim 3, wherein the Quick Response (QR) code is)dynamic and changes after its initial creation in response to commands after the first command from the viewer of the audiovisual broadcast (¶0072, the ability to generate and display a barcode either internally on a screen display or externally on an after-market screen display), the barcode data string is constantly being regenerated as the workout data is being updated. Thus, a user may begin with ‘0’ calories burned at the beginning of their workout and burn 10 calories/min during their work-out which may last 20 minutes. In this case, the barcode data string may be re-generated every time the calorie burns values are update and available or the barcode data string may be re-generated and then the barcode is displayed at the end of the work-out or the barcode may be updated during the work-out at predetermined (and changeable) periods).
As to claim 8, McKirdy and Hirsch teaches the system of Claim 1, wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: display a video announcement or advertisement incidental to the audiovisual broadcast and intended to be seen by the viewer operating the second device; determine, via the capture of the identifier with the second device, that the viewer operating the second device is now viewing information associated with the video announcement or advertisement using the second device; and in response to the determination, cease display of the video announcement or advertisement and return to displaying the audiovisual broadcast (¶0023, ¶0044, ¶0045).
As to claim 9, see the rejection of claim 1.
As to claim 10, see the rejection of claim 2
As to claim 11, see the rejection of claim 3.
As to claim 12, see the rejection of claim 4.
As to claim 16, see the rejection of claim 8.
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKirdy and Hirsch as applied to claim 1 and 9 above, and further in view of US 20180287808 A1 to Liston et al. (“Liston”).
As to claim 5, McKirdy and Hirsch teaches the system of claim 1, wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: McKirdy and Hirsch does not fully teach determine that an expected command has not been received within the second user interface; and update the first user interface to display a prompt to resume interaction with the second user interface or a new user interface on a new device distinct from the second device. Liston teaches determine that an expected command has not been received within the second user interface; and update the first user interface to display a prompt to resume interaction with the second user interface or a new user interface on a new device distinct from the second device (¶0066-¶0067, performing the power management process, display a notification that requests a user input. In some embodiments, the media guidance application may, when performing the power management process, generate an audio notification that requests a user response (e.g., Ask the question “Are you there?” via a smart speaker). In view of the teachings of Liston, it would have been obvious before the effective filing date of the invention to modify the teachings of McKirdy and Hirsch . The suggestion/motivation would be minimize disruptions to a user's media consumption experience when optimizing power consumption of media devices.
As to claim 13, see the rejection of claim 5.
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKirdy and Hirsch as applied to claim 1 and 9 above, and further in view of US 20140282735 A1 to Davis et al. (“Davis”).
As to claim 6, McKirdy and Hirsch teaches the system of Claim 1, wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: McKirdy and Hirsch does not teach determine, via the capture of the identifier with the second device, that the viewer operating the second device is watching the audiovisual broadcast; and in response to the determination, cause a change in future output of the audiovisual broadcast. Davis teaches determine, via the capture of the identifier with the second device, that the viewer operating the second device is watching the audiovisual broadcast; and in response to the determination, cause a change in future output of the audiovisual broadcast (¶0191, the adaptation can occur in nearly real-time, such as by advertising being inserted dynamically based on current context--just as Google's AdWords tailor ads to accompany web search results. In other arrangements, the audience profile information is provided to the program's writers, and is used to adapt the plot and/or other program features in accordance with the users' profile information). In view of the teachings of Davis, it would have been obvious before the effective filing date of the invention to modify the teachings of McKirdy and Hirsch . The suggestion/motivation would be to help complement the user's experience.
As to claim 14, see the rejection of claim 6.
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKirdy and Hirsch as applied to claim 1 and 9 above, and further in view of US 20020194604 A1 to Sanchez et al. (“Sanchez”).
As to claim 7, McKirdy and Hirsch teaches the system of Claim 1, wherein the instructions, when executed by the one or more processors, further cause the one or more processors to:McKirdy and Hirsch does not teach use the generated user interface overlay as a shopping cart; track insertion of items into the shopping cart upon receiving user selections of items in the generated user interface overlay; and complete a transaction for the shopping cart within the generated user interface overlay. Sanchez teaches use the generated user interface overlay as a shopping cart; track insertion of items into the shopping cart upon receiving user selections of items in the generated user interface overlay; and complete a transaction for the shopping cart within the generated user interface overlay (¶0057, ¶0062, Fig. 6c). In view of the teachings of Sanchez, it would have been obvious before the effective filing date of the invention to modify the teachings of McKirdy and Hirsch . The suggestion/motivation would be to allow for rendering interactive content over broadcast content.
As to claim 15, see the rejection of claim 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A KURIEN whose telephone number is (571)270-5694. The examiner can normally be reached M-F; 7:30-4:30.
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/CHRISTINE A KURIEN/Examiner, Art Unit 2421 /NATHAN J FLYNN/Supervisory Patent Examiner, Art Unit 2421
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