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 .
DETAILED ACTION
RESPONSE TO AMENDMENT
Acknowledgment is made of the amendment filed 11/07/2025, in which:claims 1-4 are amended; and the rejections of the claims are traversed. Claims 1-4 are currently pending and an Office Action on the merits follows.
CLAIM REJECTIONS - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 recites the limitation "the smart photo frame" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 1 does not refer to a “smart photo frame” and only recites a photo frame. As a result, it is not clear which “the smart photo frame” is being referred to.
Appropriate correction is required.
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.
1. Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Palfreeman US 20220365736 in view of Kang et al US 20140342670.
Consider claim 1. Palfreeman discloses a photo frame [0046] fig. 1-9B the photo frame 100 is preferably a smart photo frame comprising,
a frame [0047] fig. 1 body 102;
an integrated NFC chip, said NFC chip integrated into the frame [0050] electronic operating circuit 108 provided in the body 102 [0059] 108 includes NFC technology allowing the user to interact with the NFC chip [0059] wireless communication may allow smartphone to control the photo frame 100 and manage settings of the photo frame; and
Palfreeman does not explicitly disclose a serial number or other unique identifier.
Kang however discloses a serial number or other unique identifier [0248] ] Accordingly, when a user makes the first device 100 touch the second device 200, the first device 100 may receive information transmitted by the second device 200 through the NFC unit. For example, the first device 100 may receive from the second device 200 at least one of identifier information of the mobile terminal (e.g., a device ID, a MAC address, a device name, a product serial number, and/or the like).
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 the smart photo frame of Palfreeman to include a serial number or other unique identifier, as taught by Kang, to provide a value that ensures each device or within a communication network is distinguishable from all others [0248].
2. Claim 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Palfreeman US 20220365736 in view of Kang et al US 20140342670 and further in view of Gannon et al. US 20180356945.
Consider claim 2. Palfreeman as modified by Kang disclose the photo frame of claim 1, wherein the integrated NFC chip allows the user to tap the smart photo frame with a smartphone or other device Palfreeman [0059] NFC technology Kang [0248] first device taps the other device, and the serial number or other unique identifier ensures security. Kang [0248] the first device 100 may receive from the second device 200 at least one of identifier information of the mobile terminal (e.g., a device ID, a MAC address, a device name, a product serial number, and/or the like).
Palfreeman as modified by Kang do not explicitly disclose thereby activating the smart features of the smart photo frame.
Gannon however discloses disclose thereby activating the smart features of the smart photo frame [0032] when a smart appliance communicates over a network it cause an app to launch at the multifunctional device through which data extraction, commands entries and other interaction with the appliance may be facilitated. Fig. 4 [0039]NFC RF module 406 of the multifunctional device 100 (fig. 1A).
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 the smart photo frame of Palfreeman as modified by Kang to include thereby activating the smart features of the smart photo frame, as taught by Gannon, to enable the multifunctional device and other devices to share photos fig. 5 fig. 8A-8D fig. 10 fig. 12H.
Consider claim 3. Palfreeman as modified by Kang and Gannon disclose the photo frame of Gannon [0003][0028-0031] displaying sharing collection of various types of media [0032] when a smart appliance communicates over a network it cause an app to launch at the multifunctional device through which data extraction, commands entries and other interaction with the appliance may be facilitated. fig. 8C-8D photo sharing processes between mobile device and multifunctional device. (fig. 1A fig. 5 fig. 10 fig. 12H. via the NFC chip and serial number or other unique identifier Palfreeman [0059] NFC technology Kang [0248] first device taps the other device. Gannon Fig. 4 [0039]NFC RF module 406 of the multifunctional device 100.
Motivation to combine is similar to motivation in claim 2.
Consider claim 4. Palfreeman as modified by Kang and Gannon disclose the photo frame of Gannon fig. 1B 1C [0032][0048] mobile client for interacting with service and multifunctional device and send photos; view and manage existing photos on device 100. Also see [0033] [0046] web browser client for interacting with services and other clients such as device 100 and mobile client 110.
Motivation to combine is similar to motivation in claim 2.
RESPONSE TO ARGUMENTS
Applicant's arguments have been fully considered but are not persuasive.
Applicant argues (page 3) that Palfreeman discloses a smart photo frame, which consists of an electronic display and an LCD frame and an integrated NFC chip , and does not disclose a traditional photo frame as claimed in the present invention.
The Office however respectfully disagrees. A smart photo frame is considered as a photo frame. see Palfreeman 1-9B [0047] “the photo frame 100 is preferably a smart photo frame”.
Applicant also argues (page 3) that the Kang references uses mobile terminal and is thus not applicable to photo frames and would not be combinable with Palfreeman.
The Office however respectfully disagrees. Kang is used to disclose the feature of NFC using a unique identifier. This would be applicable to devices that use NFC. Thus, the combination of Palfreeman and Kang is valid. Also see motivation provided in the rejection above.
The Applicant argues (page 4) that Gannon is contextually distinct from activate smart features on a photo frame via NFC tap.
The office disagrees. The combined teachings of the cited references read on the claimed invention. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). The features that the Applicant claims are not present in Gannon are taught in Palfreeman as modified by Kang. Also see motivation provided in the rejection above.
V. CONCLUSION
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Palfreeman US 202100488858 discloses a digital photo frame with NFC.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IBRAHIM A KHAN whose telephone number is (571)270-7998. The examiner can normally be reached on 10am-6pm.
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/IBRAHIM A KHAN/ 11/17/2025Primary Examiner, Art Unit 2621