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 .
Claims Status
Claims 1-18 were originally pending.
Claim 12 has been amended via preliminary amendment.
Claims 1-18 are pending and rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/13/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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 1-18 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:
Claims 1-15 directed to a method, which is a process. Claims 16-18 are directed to a system, which is a machine. Therefore, claims 1-18 are directed to one of the four statutory categories of invention.
Step 2A (Prong 1):
Representative claim 1 sets forth the following limitations which recite the abstract idea of facilitating the sale of a product:
providing an optional platform album purchase interface;
determining included components of an optional platform album based on the provided purchase interface;
performing a payment process according to the determined included components;
performing a delivery process according to the determined included components; and
providing sales authentication information about the optional platform album based on a unique number of the optional platform album and a delivery code acquired based on the performed delivery process.
The recited limitations above set forth steps to facilitate the sale of a product. These limitations amount to certain methods of organizing human activity, including commercial or legal interactions (e.g. advertising, marketing or sales activities or behaviors).
Such concepts have been identified by the courts as abstract ideas (see: MPEP 2106).
Step 2A (Prong 2):
Examiner notes that representative claim 1 recites additional elements such as a platform, interface, etc.
When taken individually and as a whole, the additional elements of claim 1 do not integrate the recited judicial exception into a practical application of the exception. The claim merely includes instruction to implement an abstract idea on a computer, or to merely use a computer as a tool to perform an abstract idea, while the additional elements do no more than generally link the use of a judicial exception to a particular field of technological environment or field of use.
Furthermore, this is also because the claim fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement a judicial exception with a particular machine, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) apply the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
In view of the above, under Step 2A (Prong 2), claim 1 does not integrate the recited exception into a practical application (see again: MPEP 2106).
Step 2B:
When taken individually or as a whole, the additional elements of claim 1 do not provide an inventive concept (i.e. whether the additional elements amount to significantly more than the exception itself). As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform the steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Certain additional elements also recite well-understood, routine, and conventional activity (See MPEP 2106.05(d)).
Even if considered as an ordered combination, the additional elements of claim 1 do not add anything further than when they are considered individually.
In view of the above, claim 1 does not provide an inventive concept under step 2B, and is ineligible for patenting.
Dependent claims 2-15 recite further complexity to the judicial exception (abstract idea) of claim 1, such as by further defining the steps for facilitating the sale of a product. Thus, each of claims 2-15 are held to recite a judicial exception under Step 2A (Prong 1) for at least similar reasons as discussed above.
Therefore, dependent claims 2-15 do not add “significantly more” to the abstract idea. The dependent claims recite additional functions that describe the abstract idea and only generally link the abstract idea to a particularly technological environment, and applied on a generic computer. Further, the additional limitations fail to provide an improvement to the functioning of the computer, another technology, or a technical field.
Even when viewed as an ordered combination, the dependent claims simply convey the abstract idea itself applied on a generic computer and are held to be ineligible under Steps 2A/2B for at least similar rationale as discussed above regarding claim 1.
The analysis above applies to all statutory categories of invention. Regarding independent claims 16 (system), the claim recites substantially similar limitations as set forth in claim 1. As such, claim 16 and its dependent claims 17-18 are rejected for at least similar rationale as discussed above.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gentile et al. (U.S. Pre-Grant Publication No. 2014/0181660 A1) (“Gentile”).
Regarding claims 1 and 16, Gentile teaches a method (and related system) for providing an optional platform album-based service, in which a platform application executed by at least one processor of a terminal provides an optional platform album-based service, the method comprising:
providing an optional platform album purchase interface (Fig. 1; para [0070], graphical user interface screen for a virtual multimedia album creator (“VAC”) software program; para [0005]);
determining included components of an optional platform album based on the provided purchase interface (Figs. 2-3, 8A; para [0068], created digital media album, as discussed above, may be a collection of different components (e.g., audio files, video files, image files, etc.); para [0005]);
performing a payment process according to the determined included components (para [0010], request from a consumer to purchase the created multimedia album; processing, at the server, payment from the consumer);
performing a delivery process according to the determined included components (para [0010], downloading the created multimedia album to the consumer; para [0088]); and
providing sales authentication information about the optional platform album based on a unique number of the optional platform album and a delivery code acquired based on the performed delivery process (para [0065], VA Creator may generate a unique serial number (e.g., UPC code) to be associated with the album; para [0085], system will automatically email a UPC code to the user upon selecting the “click here to request UPC” link).
Regarding claim 2, Gentile teaches the above method of claim 1. Gentile also teaches wherein the determination of the included components of the optional platform album comprises determining components to be included in the optional platform album based on a purchase option set according to a user input based on the purchase interface (Figs. 2-3, 8A; para [0068], created digital media album, as discussed above, may be a collection of different components (e.g., audio files, video files, image files, etc.); para [0005]).
Regarding claim 3, Gentile teaches the above method of claim 2. Gentile also teaches wherein the components comprises at least one of a predetermined CD, digital content, an album jacket, a pictorial, a photo card, or a special benefit (Figs. 2-3, 8A; para [0068], created digital media album, as discussed above, may be a collection of different components (e.g., audio files, video files, image files, etc.); para [0005]).
Regarding claim 4, Gentile teaches the above method of claim 3. Gentile also teaches wherein the determination of the included components of the optional platform album further comprises determining a customized offline configuration provided to a user offline and a customized online configuration provided to the user online (para [0070], VAC software is executable on a general purpose computer, and can, for example, be downloaded and installed on computer by a consumer).
Regarding claim 5, Gentile teaches the above method of claim 4. Gentile also teaches wherein the determination of the included components of the optional platform album further comprises adding a purchase authentication code for at least one of the digital content or the photo card to the included components when the at least one of the digital content or the photo card is determined as the included components (Fig. 16E; para [0087], published V-Album now has a status of published on the home tab screen 10, and the detailed information regarding the published V-Album is shown on the details tab screen 20, including album id, set up fee paid, UPC, on sale date, retail price, size, and link to product page).
Regarding claim 6, Gentile teaches the above method of claim 5. Gentile also teaches wherein the purchase authentication code comprises at least one of an offline authentication code provided to a user offline or an online authentication code provided to the user online (Fig. 16E; para [0087], published V-Album now has a status of published on the home tab screen 10, and the detailed information regarding the published V-Album is shown on the details tab screen 20, including album id, set up fee paid, UPC, on sale date, retail price, size, and link to product page).
Regarding claim 7, Gentile teaches the above method of claim 4. Gentile also teaches wherein the determination of the included components of the optional platform album further comprises setting a randomly selected photo card from among a plurality of photo cards matching the optional platform album as the included components when the photo card is determined as the included components (Fig. 10B; para [0079], image 5060, which has been added as photo #1. The software automatically generates the thumbnail image 5061. As with prior images, the system will check the image for compliance).
Regarding claim 8, Gentile teaches the above method of claim 7. Gentile also teaches wherein the photo card comprises at least two of a predetermined image, a card identification code specifying the photo card, or a digital content provision code providing photo card content activated based on the photo card (Fig. 10A-D; para [0079], image 5060, which has been added as photo #1. The software automatically generates the thumbnail image 5061. As with prior images, the system will check the image for compliance).
Regarding claim 9, Gentile teaches the above method of claim 1. Gentile also teaches wherein the performance of the payment process according to the determined included components comprises determining a purchase cost of the optional platform album based on a price preset for each included component (Fig. 14C; para [0085], retail price calculator pop up that is displayed when the user selects the “click here to set retail price” link).
Regarding claim 10, Gentile teaches the above method of claim 4. Gentile also teaches wherein the performance of the delivery process according to the determined included components comprises delivering the customized offline configuration to the user offline and delivering the customized online configuration to the user online (para [0088], Upon selecting the download button 9085, the consumer can download the purchased V-Album).
Regarding claims 11 and 17, Gentile teaches the above method and system of claims 1 and 16. Gentile also teaches wherein the provision of the sales authentication information about the optional platform album comprises reflecting the sales authentication information in an album sales volume aggregation for determining a predetermined album ranking chart (para [0089], VAC software also allows the user to track sales information for his or her V-Album. FIG. 18 shows the home tab screen 10 after the V-Album Sales link has been selected. Under V-Album sales, the system will display, for each V-Album: artist name, album title, revision number, on sale date, number sold, price, gross sales, and net sales. This sales data is available in real-time, and the user can update the sales data display at any time by selecting the “update now” button on the lower left of the screen).
Regarding claims 12 and 18, Gentile teaches the above method and system of claims 8 and 16. Gentile also teaches further comprising providing a customized management service for each included component in the optional platform album that has been purchased based on performed payment process (Fig. 14C; para [0088], digital media album, when published, is available for purchase on a custom web page associated with the artist. FIG. 17 (a) illustrates an exemplary web page, which includes a purchase button 9080 as well as information about the V-Album including the album art 2013 (from FIG. 4), the artist name, the album name, the sales price (in this case as text in button 9080), and information regarding the contents of the album).
Regarding claim 13, Gentile teaches the above method of claim 12. Gentile also teaches wherein the provision of the customized management service comprises performing a purchase authentication process based on at least one of an offline authentication code or an online authentication code of at least one of the digital content or the photo card when the included components in the optional platform album that has been purchased comprises at least one of the digital content or the photo card (Fig. 14C; para [0088], digital media album, when published, is available for purchase on a custom web page associated with the artist. FIG. 17 (a) illustrates an exemplary web page, which includes a purchase button 9080 as well as information about the V-Album including the album art 2013 (from FIG. 4), the artist name, the album name, the sales price (in this case as text in button 9080), and information regarding the contents of the album).
Regarding claim 14, Gentile teaches the above method of claim 12. Gentile also teaches wherein the provision of the customized management service comprises providing at least one of an owner authentication function for matching and storing a random photo card provided to the user to a user account, a collecting function for managing a random photo card that has been matched and stored to the user account, or an upgrade function for combining at least some of a plurality of random photo cards owned by the user when the included components in the optional platform album that has been purchased comprise the photo card (para [0089], VAC software also allows the user to track sales information for his or her V-Album. FIG. 18 shows the home tab screen 10 after the V-Album Sales link has been selected. Under V-Album sales, the system will display, for each V-Album: artist name, album title, revision number, on sale date, number sold, price, gross sales, and net sales. This sales data is available in real-time, and the user can update the sales data display at any time by selecting the “update now” button on the lower left of the screen).
Regarding claim 15, Gentile teaches the above method of claim 14. Gentile also teaches wherein the provision of the upgrade function comprises integrating photo card content for each of a plurality of material photo cards used in the combination into one piece of content (Fig. 10A-D; para [0079], image 5060, which has been added as photo #1. The software automatically generates the thumbnail image 5061. As with prior images, the system will check the image for compliance).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANAND LOHARIKAR whose telephone number is 571-272-8756. The examiner can normally be reached Monday through Friday, 9am – 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marissa Thein can be reached at 571-272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANAND LOHARIKAR/Primary Examiner, Art Unit 3689
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