DETAILED ACTION
Notice of Pre-AIA or AIA Status
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12, 067,217 in view of Zheng et al. (US Patent Application Publication No. 2024/0126410). The claims of the instant application and the claims of the reference patent are compared in the table below.
Instant Application No. 18/788,089.
Claim 1. A method of presenting and processing multimedia contents, comprising: displaying a first control element on an interface on which a first multimedia content is displayed; in response to receiving a user input on the first control element, displaying a menu; and adding the first multimedia content to at least one folder displayed in the menu.
US Patent No. 12,067,217.
Claim 1. A method of processing videos, comprising: displaying a favorites menu at a display position corresponding to a favorites control in response to a preset triggering operation for the favorites control on a video playing page, wherein the favorites menu comprises at least one favorites folder created by a current user, wherein the displaying a favorites menu at a display position corresponding to a favorites control in response to a preset triggering operation for the favorites control on a video playing page comprises: determining whether the current user has created a favorites folder in response to the preset triggering operation for the favorites control on the video playing page, and displaying the favorites menu at the display position corresponding to the favorites control in response to determining that the current user has created the favorites folder; and adding a first video being displayed on the video playing page to a target favorites folder in response to a selection operation for the target favorites folder among the at least one favorites folder.
Claim 1 of the reference patent recites all of the limitations of claim 1 of the instant application except “adding the first multimedia content to at least one folder displayed in the menu ..” However, Zheng teaches adding a first video being displayed on the video playing page to a target favorites folder in response to a selection operation for the target favorites folder among the at least one favorites folder; [Zheng 0048].
It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to adding a first video being displayed on the video playing page to a target favorites folder in response to a selection operation for the target favorites folder among the at least one favorites folder; as disclosed in Zheng, within the method of claim 1 of the reference patent, to adding the first multimedia content to at least one folder displayed in the menu.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Shaughnessy et al. US Patent Application No. 2007/033517 A1) in view of Valderas et al. (US Patent Application No.2005/0246642).
Regarding claim 1, O’Shaughness discloses a method of presenting and processing multimedia contents, comprising [see para. 0005, 0020; Web browsing has evolved into a sophisticated information management process. Web browsing sessions produce much information that the user may wish to access at a later time. Currently, users save Web pages of interest as "favorites". Each favorite is manually cached by the user in one of several subject matter relevant folders; which corresponds to video/multimedia and navigation]:
displaying a first control element on an interface on which a first multimedia content is displayed [see para. 0023; the application (web browser or web application) shows an icon relative to the bookmark. Clicking on the icon retrieves the most recent "headlines" for the feed. The client application periodically checks for new headlines. When the user selects a list of bookmarks, each bookmark in the list that has an associated RSS feed, displays the headlines corresponding to the most recent headlines for the in-line with the bookmark list, the five most recent headlines are shown for each RSS enabled Web page in the list; which corresponds to navigation buttons, play controls or adjacent to multimedia video content];
in response to receiving a user input on the first control element, displaying a menu [see para. 0032 and figure 7; a browser window, wherein the user has performed an action that has the effect of "tearing off a feed and displaying the feed in separate display window that is completely independent of the favorites list. Because of its existence independent of the browser window, the display window has a number of characteristics; among these: (1) it is persistent. Thus, even if the browser window were to close, the display window would remain open on the user's desktop. (2) The display window has its own characteristics; which corresponds to control triggering menus including favorites menu and drop-down menus for navigation]; however, O’Shaughnessy fails to explicitly teach adding the first multimedia content to at least one folder displayed in the menu.
Valderas discloses adding the first multimedia content to at least one folder displayed in the menu [see para. 0057; Favorites manager GUI includes a favorites directory window and a command list. Favorites directory window includes an expandable list of presentations that have been added to the favorites directory. Each favorites presentation is represented by a folder in window. The window includes presentation folders. Presentation folder has been expanded to reveal links where each link corresponds to a different portion of presentation for example, presentation folder includes links to the presentation's video slides, collateral documents; which corresponds organization allow adding copying presentation multimedia to folders and directory].
It would have been obvious to one of an ordinary skill in the art, having the teachings of O’Shaughnessy and Valderas before the affective filing date of the claimed invention to modify, enhanced favorites service for web browsers and web application of O’Shaughnessy to include application for viewing video slide based presentations, as taught by Valderas. One would have been motivated to make such a combination in order to provide folder selection within the menu for adding media and organization interface for efficient content management, and sharing video content in an online environment related to video functions enhancing user experience.
Regarding claim 2, O’Shauhnessy discloses further comprising: displaying a piece of information adjacent to the first control element, wherein the piece of information is configured to prompt a user to act on the first control element [see para. 0034; The user first selects one of the radio button options. "Select a Folder" is the default option. If the user has the "Suggest folder names" feature turned on, there is an initial delay with progress feedback while the browser retrieves that information. During this time, the folder pull-down menu is disabled, and an animated loading label is displayed].
Regarding claims 3 and 12, Valderas discloses further comprising: displaying a second multimedia content in the interface; and displaying a second control element corresponding to the second multimedia content [see para. 0063; Upon receiving a collateral document request, PVA then determines whether playback of any video or multimedia content is in progress. If video content is in progress, PVA halts video playback before retrieving the requested collateral document. Following retrieval of the collateral document, PVA then resumes playback of the video content].
Regarding claim 4, Valderas discloses wherein further comprising: adding the first multimedia content is added being displayed to the at least one folder in response to receiving a selection of the at least one folder [see para. 0057; Favorites manager GUI includes a favorites directory window and a command list. Favorites directory window includes an expandable list of presentations that have been added to the favorites directory. Each favorites presentation is represented by a folder in window. The depicted illustration of window includes presentation folders. Presentation folder has been expanded to reveal links through where each link corresponds to a different portion of presentation].
Regarding claim 5, Valderas discloses wherein the first multimedia content is added to the at least one folder in response to receiving a gesture of sliding from the first control element to the at least one folder [see para. 0054 and figure 8; Edit menu also include at least some facilities for editing the content of a presentation. For example, PVA support the ability to rearrange to ordering of presentation slides. In some embodiments, the slide ordering is determined by the content of an "external" file such as an XML file, edit menu include a command to retrieve and edit the contents of the XML file 807 and thereby edit the ordering of the video slides in the presentation].
Regarding claim 6, Valderas discloses wherein the menu is displayed as a bubble on the interface (popup drop down menu and overlay ) [see para. 0034, 0064 and figure 12; The text and other graphics are preferably included in the video slide as an overlay to the video-based looping background. A video slide may display its associated navigation elements or, alternatively, the user may elect to hide them from display. Go to button activated during playback of a presentation to enable the presenter to transition quickly to a video slide that is not adjacent to the currently displayed slide, activating go to button generates a popup style window to appear. The window prompts the user to enter an indicator of the selected video slide such as a number of the video slide that the user wishes to view].
Regarding claim 7, Valderas discloses wherein the menu further comprises an interface element configured to enable creation of a new folder [see para. 0033; When a user adds a presentation to the favorites menu, the presentation is copied to the system hard drive and the application creates a corresponding subdirectory within the favorites folder. The subdirectory preferably includes links to the presentation itself as well as links to any collateral pages or related documents needed for the presentation].
Regarding claims 8 and 15, Valderas discloses further comprising: in response to receiving the user input on the first control element, determining whether the at least one folder has been created [see para. 0057; Favorites directory window includes an expandable list of presentations that have been added to the favorites directory. Each favorites presentation is represented by a folder in window. The depicted illustration of window includes presentation folders. Presentation folder has been expanded to reveal links where each link corresponds to a different portion of presentation].
Regarding claims 9 and 16, O’Shaughness discloses further comprising: in response to determining that the at least one folder has not been created, displaying a panel; and creating the at least one folder based on information input into the panel [see para. 0034; Completion of the Add Favorite flow results in the display of an updated panel showing the favorite at the bottom of either the root of the list, or the bottom of the items inside a folder if a folder was selected prior to adding].
Regarding claim 10, Valderas discloses wherein the displaying a menu comprises: in response to determining that the at least one folder has been created, displaying the at least one folder in the menu [see para. 0025; A folder suggestion is returned to the user that identifies a most likely folder for saving the bookmark. The user may select the suggested folder, or he may save the bookmark in any other folder, or create a new folder].
Regarding claims 11 and 17, O’Shaughness discloses a system, comprising: at least one processor; and at least one memory comprising computer-readable instructions that upon execution by the at least one processor cause the at least one processor to implement operations comprising [see para. 0037, 0040 and figure 13; the UI server is both a data aggregator and a presentation layer for clients. Some information about the UI Server network connections: [0040] a. Serves up UI and favorites metadata as DHTML to Web browsers]:
displaying a first control element on an interface on which a first multimedia content is displayed [see para. 0023; the application (web browser or web application) shows an icon relative to the bookmark. Clicking on the icon retrieves the most recent "headlines" for the feed. The client application periodically checks for new headlines. When the user selects a list of bookmarks, each bookmark in the list that has an associated RSS feed, displays the headlines corresponding to the most recent headlines for the in-line with the bookmark list, the five most recent headlines are shown for each RSS enabled Web page in the list; which corresponds to navigation buttons, play controls or adjacent to multimedia video content];
in response to receiving a user input on the first control element, displaying a menu [see para. 0032 and figure 7; a browser window, wherein the user has performed an action that has the effect of "tearing off a feed and displaying the feed in separate display window that is completely independent of the favorites list. Because of its existence independent of the browser window, the display window has a number of characteristics; among these: (1) it is persistent. Thus, even if the browser window were to close, the display window would remain open on the user's desktop. (2) The display window has its own characteristics; which corresponds to control triggering menus including favorites menu and drop-down menus for navigation]; however, O’Shaughnessy fails to explicitly teach adding the first multimedia content to at least one folder displayed in the menu.
Valderas discloses adding the first multimedia content to at least one folder displayed in the menu [see para. 0057; Favorites manager GUI includes a favorites directory window and a command list. Favorites directory window includes an expandable list of presentations that have been added to the favorites directory. Each favorites presentation is represented by a folder in window. The window includes presentation folders. Presentation folder has been expanded to reveal links where each link corresponds to a different portion of presentation for example, presentation folder includes links to the presentation's video slides, collateral documents; which corresponds organization allow adding copying presentation multimedia to folders and directory].
It would have been obvious to one of an ordinary skill in the art, having the teachings of O’Shaughnessy and Valderas before the affective filing date of the claimed invention to modify, enhanced favorites service for web browsers and web application of O’Shaughnessy to include application for viewing video slide based presentations, as taught by Valderas. One would have been motivated to make such a combination in order to provide folder selection within the menu for adding media and organization interface for efficient content management, and sharing video content in an online environment related to video functions enhancing user experience.
Regarding claim 13, Valderas discloses the operations further comprising:
wherein adding-the first multimedia content is added being displayed to the at least one
folder in response to receiving a selection of the at least one folder- in the menu [see para. 0057; Favorites manager GUI includes a favorites directory window and a command list. Favorites directory window includes an expandable list of presentations that have been added to the favorites directory. Each favorites presentation is represented by a folder in window. The depicted illustration of window includes presentation folders. Presentation folder has been expanded to reveal links through where each link corresponds to a different portion of presentation]; or wherein adding the first multimedia content is added being displayed to the at least one folder in response to receiving a gesture of sliding from the first control element to a location of the at least one folder in the menu [see para. 0054 and figure 8; Edit menu also include at least some facilities for editing the content of a presentation. For example, PVA support the ability to rearrange to ordering of presentation slides. In some embodiments, the slide ordering is determined by the content of an "external" file such as an XML file, edit menu include a command to retrieve and edit the contents of the XML file 807 and thereby edit the ordering of the video slides in the presentation].
Regarding claim 14, Valderas discloses wherein the menu further comprises an interface element configured to enable creation of a new folder [see para. 0058; The command list includes the commands to create new folders in directory window, add a presentation to the favorites directory, and rename a presentation of command list includes the ability to undo the previously entered action, which is analogous to the undo function common to word processing applications].
Regarding claims 18-20, directly or indirectly dependent on claim 17 essentially correspond to those of claims 13-16 respectively. Accordingly, the same reasoning as in claims 13-16 applies to claims 18-20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892).
Li et al. (US 2023/0006961) discloses the method includes: playing a first multimedia content and displaying a first sticker containing target information in a playing interface of the first multimedia content, the target information being associated with target multimedia content; receiving a first instruction for the first sticker, the first instruction being used to instruct to make a reply to the target information in multimedia form; in response to the first instruction, acquiring second multimedia content for replying to the target information. Thus, by means of the sticker, a further reply can be made to the target information in multimedia form, which is conducive to enriching the way of information replying, improving the interest of users in information replying, and increasing the chance of users creating and publishing multimedia contents.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck & Co. v. Biocraft Labs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
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/CAO H NGUYEN/Primary Examiner, Art Unit 2171
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