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 .
Claim Objections
Claim 6 is objected to because of the following informalities: the claim recites "...participant infaces..." which appears to be a mistype. The examiner suggests amending the claim to recite "...participant interfaces..." to correct the informality. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a session module configured…to select…” in claim 1 (and similarly in claim 26), “a participant analysis module configured to carry out…” in claim 8, “an alerts section configured to issue alerts…” in claim 15, “a reminders section configured to present…”in claim 16, and “an artificial intelligence (AI) module configured to produce…” in claim 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 (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 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, 3, 4, 6-8, 12, 15-17, 19, 22, 26, 28, 34, 36, 38-40 and 47 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moran, et al (Pub. No. US 2014/0223464 A1, hereinafter referred to as Moran).
Claim 1 is an independent claim and Moran discloses a communication system comprising:
a server (see para. [0105], [0190]) configured to link between computer devices of a conductor (session initiator, para. [0098]) and at least one participant (multi participant session, para. [0098]; creating a multimedia participant session among a plurality of viewers of media content, para. [0011], [0105], [0190]);
a repository comprising content a plurality of session datasets and a plurality of session-plans, each one of said plurality of session-plans comprising a plurality of session steps, each one of said plurality of session steps being associated with at least one of said plurality of session datasets (template repository of templates of multi participant session objects, para. [0018], [0119]);
conductor and participant interfaces configured in the respective computer devices of said conductor and at least one participant for establishing a video session between said conductor and said at least one participant to interact with each other (personalized interactive session between session initiator and invited participants to view media/interactive content, para. [0130], [0131], [0135]); and
a session module configured in the conductor computer device to select one of said session plans and manage said video session for carrying out steps of the selected session-plan, and to facilitate selection and retrieval of content of at least one of the session datasets stored in said repository and being associated with at least one step of the selected session-plan (templates are hosted by database, para. [0119]; template selection by session initiator to establish session with selected multi participant session objects, para. [0127]-[0130], [0134], [0135]).
As per claim 3, claim 1 is incorporated and Moran further discloses wherein the conductor interface is configured to send to the computer device of the at least one participant instructions to request from the server the participant interface (session initiator sends invitations to participants to participate in personalized interactive sessions, para. [0130], [0131]).
As per claim 4, claim 1 is incorporated and Moran further discloses wherein each one of the plurality of session datasets comprises several sets of guiding data, each one of said several sets of guiding data being associated with a theme of a respective step or sub-step of the session-plan associated with the session dataset, and wherein the session plan is configured in a form of a concatenation of steps or sub-steps to be consecutively performed (each participant session object may include instructions for generating an interactive user interface…, para. [0105]), or in a form of decision tree comprising a plurality of branches at least some of which connected by decision making junctions.
As per claim 6, claim 1 is incorporated and Moran further discloses comprising a topic navigation component in the conductor and/or participant infaces configured for selecting one or more predefined topics and/or sub-step in each one of the steps of the selected session plan (template selection based on the genre or type of media content currently watched, para. [0118], [0119], [0123]-[0124]).
As per claim 7, claim 1 is incorporated and Moran further discloses wherein each one of the plurality of session plans is configured to carry out at least one of the following: convey certain information or content, promote a certain agenda, achieve a certain task, facilitate a certain interaction process (template for interactive multi participant session object may be a poll or quiz, para. [0127], [0136]), utilizing the content selected for display in the participant interface.
As per claim 8, claim 1 is incorporated and Moran further discloses comprising a participant analysis module configured to carry out one or more of the following: monitor communication from the at least one participant interface and determine a level of participation thereof in the interpersonal communication session (during the multi participant session, receive inputs such as answers to a poll or quiz from the session initiator and the plurality of invited subscribers, para. [0136]); analyse participant's utterance, verbal intonations, and/or body language gesture; analyse communication from the conductor interface and present corresponding tips and/or recommendations to said conductor; present at least one tip or recommendation associated with time intervals associated with certain steps or sub-steps, or information or content items, of the selected session plan.
As per claim 12, claim 1 is incorporated and Moran further discloses comprising a guidance component in the conductor interface configured to carry out one or more of the following: provide guiding information for interaction with the at least one participant (promotional content suggested (presented) to group of participants of a multi participant session, para. [0139]); present to the conductor information and/or content of the session dataset used with the selected session plan; and/or step and/or sub-step of the selected session plan; and/or tips at least partially associated with a time duration measured by a timer indicative of a conductor and participant interaction time duration.
As per claim 15, claim 1 is incorporated and Moran further discloses comprising an alerts section configured to issue alerts in the conductor interface based at least partially on a determined level of participation of the at least one participant (after the invitees have voted, an interactive window displays, during the game, which participant has most chances to win the bet, para. [0130]; alternatively, detect breaks in participation of the multi participant video session and notify participants that a break is detected, para. [0204]) and/or a measured conductor-participant interaction time duration.
As per claim 16, claim 1 is incorporated and Moran further discloses comprising a reminders section configured to present in the conductor interface reminders at least partially associated with the information and/or content of the session dataset used with the selected session plan in accordance with the step and/or sub-step of the selected session plan (notifications sent for participation in a multi participant video session after a break is detected, para. [0204]).
As per claim 17, claim 1 is incorporated and Moran further discloses comprising an artificial intelligence (AI) module configured to produce insights, and/or identify patterns, and/or discover relationships, based on a plurality of communication sessions conducted by the system (the participation of each participant is optionally monitored by analyzing audio to detect participant talking during multi participant video session, para. [0202]; history log indicative of subscriber’s participation in previously held multi participant sessions…, para. [0112]).
As per claim 19, claim 17 is incorporated and Moran further discloses configured to generate new session plans and/or adjust existing session plans based at least partially on the products of the AI module (the multi participant session object is adjusted according to the multi participant session history of each subscriber, para. [0112], [0132]) and/or match a suitable session plan to at least one conductor based at least partially on the products of the AI module.
As per claim 22, claim 1 is incorporated and Moran further discloses comprising a database accessible at least by the server for storing one or more of the following: the repository with the plurality of session- plans and a respective plurality of session datasets associated with said plurality of session-plans; guiding notes data records storing guiding comments/tips to be presented in the conductor interface during steps and/or sub-steps of communication sessions; project data records storing project information characterizing the certain information and/or content, and/or agenda, and/or task/goal, and/or interaction process of a plurality of interpersonal communication session to be conducted using the plurality session plans; session summary/report data records storing at least one of the following: indication of steps conducted during communication session, information and/or content items presented to the participant(s) in each conducted step and/or sub-step of the session plan, data concerning the interactions between conductor(s) and participant(s) during a communication session, time intervals required for each step and/or sub-step of a communication session, scores associated with conducted communication sessions and/or the conductor, records of entire or partial previously conducted communication sessions (subscriber profile records stored in database includes a history log indicative of the subscriber’s participation in previously held multi participant sessions, para. [0112]).
Claim 26 is an independent claim and Moran discloses a conductor interface configured to establish a video session for interaction between a conductor's computer device using said conductor interface and at least one participant's computer device using a participant interface operated therein in accordance with a session-plan comprising a plurality of session steps each one of said plurality of session steps being associated with at least one session dataset (multi participant session, para. [0098]; creating a multimedia participant session among a plurality of viewers of media content, para. [0011], [0105], [0190]; personalized interactive session between session initiator and invited participants to view media/interactive content, para. [0130], [0131], [0135]), said conductor interface comprising a session module configured to manage said video session for carrying out session steps of said plurality of session steps of said session-plan, and to facilitate manual or automatic selection and retrieval of at least one of the session datasets associated with said session-plan for display in said participant interface (templates hosted by database, para. [0119]; template selection by session initiator to establish session with selected multi participant session objects, para. [0127]-[0130], [0134], [0135]).
As per claim 28, claim 26 is incorporated and Moran further discloses comprising at least one of the following: one or more timers configured to measure time durations associated with a certain topic, and/or step, and/or sub-step, and/or information and/or content item, of the session-plan; a tips display area configured to present one or more tips at least partially associated with the time durations measured by the one or more timers, and/or information and/or content of the session dataset used with the session plan, and/or step and/or sub-step of the session plan; a session content display area for presenting the information and/or content items associated with the session-plan; an alert display area configured to display alerts based at least partially on a level of participation determined based on data communicated from the at least one participant interface (notifications sent for participation in a multi participant video session after a break is detected, para. [0202]-[0204]); a reminder display area configured to present reminders at least partially associated with the information and/or content used with the session plan in accordance with a step and/or sub-step thereof.
As per claim 34, claim 26 is incorporated and Moran further discloses a conductor computer device configured to communicate data with a server and at least one participant computer device (client device of session initiator connected to other client devices and central unit, para. [0099], [0105]; see also FIG. 1).
Claim 36 is an independent claim anticipated by independent claims 1 and 26, and is therefore rejected for similar reasoning.
As per claim 38, claim 36 is incorporated and Moran further discloses a participant computer device configured to operate the participant interface and communicate data with a server and the conductor's computer device (client device of session initiator (conductor computer device as claimed) connected to other client devices (participant computer devices as claimed) and central unit, para. [0099], [0105]; see also FIG. 1).
Claim 39 is an independent claim and Moran discloses a method of managing a video session between at least one conductor computer and at least one participant computer, the method comprising:
operating in said conductor computer a conductor interface configured to use a session plan for guiding said video session to follow a plurality of session steps, each one of said plurality of session steps which being associated with at least one session dataset comprising information and/or instructions, and/or content associated with said session step (template selection by session initiator to establish session with selected multi participant session objects, para. [0127]-[0130], [0134], [0135]);
carrying out in said conductor interface session steps of said plurality of session steps of said session-plan, for facilitating selection and retrieval of information and/or content items and/or perform instructions of at least one of the session datasets associated with said session-plan for display in said participant interface (establish session with selected multi participant session objects, para. [0127]-[0130], [0134], [0135]);
operating in said participant computer a participant interface configured to communicate data with the conductor interface operated in said conductor computer (see para. [0013], [0014]); and
receiving in said participant computer the information and/or content items selected via the conductor interface and presenting them in said participant interface (see para. [0013], [0014]).
As per claim 40, claim 38 is incorporated and Moran further discloses comprising at least one of the following: using the conductor interface to select the session plan from a plurality of session plans; using the conductor interface to send session initiation data to said participant computer, said session initiation data configured to cause said participant computer to request the participant interface from a server; conducting steps of the session plan and presenting in the conductor interface specific information and/or content items associated with the step being conducted; presenting in the conductor interface tips and/or reminders and/or alerts associated with the conducted communication session; processing and analysing communication from the participant interface to determine a level of participation and generating the tips and/or the reminders and/or the alerts at least partially based on the determined level of participation (notifications sent for participation in a multi participant video session after a break is detected, para. [0202]-[0204]); analysing communication from the conductor interface to determine one or more session progress parameters and generating the tips at least partially based on the determined one or more session progress parameters; analysing previously conducted interpersonal communication sessions and updating at least one of the plurality of session plans and/or information and/or content items associated therewith accordingly.
As per claim 47, claim 39 is incorporated and Moran further discloses comprising one or more of the following: receiving via the conductor interface instructions to move the session plan to a previously conducted step or sub-step, or to another step sub-step not yet conducted in the conductor interface; presenting in the conductor interface information and/or content items associated with an objection received from the participant interface; permitting transmission of the conductor interface to the conductor computer upon successfully performing an authenticating step; using the conductor interface to send to the participant interface at least one of the following: an offer for sale, a price proposal, legal documents, or documents for signature; monitoring in real-time and presenting in the conductor's computer insights associated with at least one of the following: rate of speech of a participant, distribution of speech between the conductor and at least one participant, sentiment of terminology used in the communication session; transcribing at least some of the communication session in accordance with the steps of the selected meeting plan; carrying out voice recognition in real-time during the communication session (see para. [0202]); analyzing by an AI model recognized speech of at least one of the participants; monitoring in the recognized speech at least one of the following: specific terminology and/or expressions, speech distribution, speech rate, body language, and/or relevant metrics.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Patent No. 7,996,566 B1 – generally teaches sharing video streaming between a plurality of media players and participants and a database for retrieving ad information for the media sharing session.
Pub. No. US 2004/0015401 A1 – generally teaches a scheduling file for determining when to play multimedia presentations.
US Patent No. 11,128,484 B2 – generally teaches establishing a video meeting between participants with a desired engagement level.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN A BUI whose telephone number is (571)270-7168. The examiner can normally be reached Mon-Fri: 9AM - 530PM.
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/JONATHAN A BUI/Primary Examiner, Art Unit 2443