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
This office action is in response to communication filed 12/17/2024. Claims 1-16 and 18-19 are pending for examination, the rejection cited as stated below.
Claim Rejections - 35 USC § 101
2. 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.
3. Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter as follows.
Claim 19 is drawn to functional descriptive material recorded on “a transitory computer readable storage medium”. The specification does not define or exemplify “a transitory computer readable storage medium”. The examiner presumes for the sake of examination that the term “a transitory computer readable storage medium" comprises transitory medium such as a signal.
“A transitory, propagating signal … is not a “process, machine, manufacture, or composition of matter.” Those four categories define the explicit scope and reach of subject matter patentable under 35 U.S.C. § 101; thus, such a signal cannot be patentable subject matter.” (In re Petrus A.C.M. Nuijten; Fed Cir, 2006-1371, 9/20/2007).
Because the full scope of the claim as properly read in light of the disclosure appears to encompass non-statutory subject matter, the claim as a whole is non-statutory. The examiner suggests amending the claim to include the disclosed non-transitory computer readable storage media, while at the same time excluding the transitory media such as signals, carrier waves, etc. Any amendment to the claim should be commensurate with its corresponding disclosure.
Claim Rejections - 35 USC § 112
4. 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.
5. 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.
6. Claims 1-16 and 18-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
a) Claim 1 recites “displaying recommendation information of at least one recommended live streaming room in the first preview page”. It is unclear what “in the first preview page” modifies, e.g., whether modifies “display…recommendation information”, or “at least one recommended live streaming room”, or else. Moreover, it is unclear what is meant by “displaying recommendation information… in the first preview page”, and if/how the scope is different from “displaying recommendation information… on the first preview page”. Similarly, it is unclear what is meant by “at least one recommended live streaming room in the first preview page”. Applicant is required to clarify. For the sake of the examination, Examiner presumes that the claimed limitation reads “displaying recommendation information of at least one recommended live streaming room.” Claims 2-16 and 18-19 are similarly rejected.
b) Claim 3 recites “a live streaming room switching operation triggered in the first live streaming room page is not detected.” It is unclear what is meant by “operation triggered in the first live streaming room page”, e.g., if/how the scope is different from “operation triggered on the first live streaming room page.” Applicant is required to clarify. For the sake of the examination, Examiner interprets as any relationship between operation triggered and the first live streaming room page.
c) Claim 4 recites “a close control corresponding to the recommendation information of at least one recommended live streaming room is further displayed in the first preview page.” It is unclear what is meant by “a close control…displayed in the first preview page”, e.g., if/how the scope is different from “a close control…displayed on the first preview page.” Applicant is required to clarify. For the sake of the examination, Examiner interprets as any relationship between a close control and the first preview page.
d) Claim 4 recites “and displaying a trigger control for entering the first live streaming room in the first preview page”.
First of all, the recited “the first live streaming room” lacks sufficient antecedent basis, because neither this claim nor the parent claim recites “a first live streaming room”. Applicant is required to clarify. For the sake of the examination, Examiner assumes any live streaming room.
Secondly, it is unclear what “in the first preview page” modifies, e.g., whether modifies “displaying a trigger control”, or “the first live streaming room”, or else. Moreover, it is unclear what is meant by “displaying a trigger control… in the first preview page”, e.g., if/how the scope is different from “displaying a trigger control… on the first preview page”. Similarly, it is unclear what is meant by “the first live streaming room in the first preview page”. Applicant is required to clarify. For the sake of the examination, Examiner presumes that the claimed limitation reads “and displaying a trigger control for entering the first live streaming room”.
e) claim 6 recites “wherein in a case where the recommendation information of at least one recommended live streaming room is the live streaming preview window of at least one recommended live streaming room, the method further comprises: playing an audio of the first live streaming room page, and controlling at least one recommended live streaming room in a mute state.”
First of all, the recited “the live streaming preview window” lacks sufficient antecedent basis because neither this claim nor the parent claim recites “a live streaming preview window.” Applicant is required to clarify. For the sake of the examination, Examiner assumes any preview window.
Secondly, the limitation “the method further comprises: playing an audio… and controlling at least… in a mute state” is conditional upon the condition “in a case where the recommendation information of at least one recommended live streaming room is the live streaming preview window of at least one recommended live streaming room” which does not necessarily happen, especially under the broad interpretation of the recited “the live streaming preview window” as explained above. As a result, the limitation is not given patentable weight.
f) claim 7 recites “where the playback duration of the first live streaming room page on the first client is longer than or equal to a second duration”.
First of all, the recited “the playback duration” lacks sufficient antecedent basis, because neither this claim nor the parent clam recites “a playback duration”. For the sake of the examination, Examiner assumes any playback duration.
Secondly, it is unclear what’s considered “a second duration” since neither this claim nor the parent claim recites “a first duration”. For the sake of the examination, Examiner assumes any duration.
g) Claim 8 recites “where the playback duration of the first live streaming room page on the first client is less than a third duration”.
First of all, the recited “the playback duration” lacks sufficient antecedent basis, because neither this claim nor the parent clam recites “a playback duration”. For the sake of the examination, Examiner assumes any playback duration.
Secondly, it is unclear what’s considered “a third duration” since neither this claim nor the parent claim recites “a first duration” and “a second duration”. For the sake of the examination, Examiner assumes any duration.
h) Claim 9 recites “and displaying the recommendation information of at least one recommended live streaming room displayed in the first preview page”. It is unclear what is meant by “displayed in the first preview page”, e.g., if/how the scope is different from “displayed on the first preview page.” Applicant is required to clarify. For the sake of the examination, Examiner interprets as any relationship between at least one recommended live streaming room and the first preview page.
i) claim 11 recites “displaying a live streaming room page of the first recommended live streaming room or displaying a third preview page in response to live streaming of the first recommended live streaming room not ending, wherein the third preview page is a live streaming preview page of the first recommended live streaming room”. The scope of “a third preview page” and “the third preview page” cannot be definitely determined, because neither this claim or its parent claim or grandparent claim recites ““a second preview page”. Applicant is required to clarify. For the sake of the examination, Examiner interprets as any preview page. Claims 12-13 are similarly rejected.
j) claim 12 recites “displaying the third preview page, and displaying the recommendation information of at least one recommended live streaming room in the third preview page.” See 112 rejection in the parent claim 11 and Examiner’s interpretation therein regarding “the third preview page”. In addition, it is unclear what “in the third preview page” modifies, e.g., whether modifies “displaying the recommendation information”, or “at least one recommended live streaming room”, or else. Moreover, it is unclear what is meant by “displaying the recommendation information … in the third preview page”, e.g, if/how the scope is different from “displaying the recommendation information … on the first preview page”. Similarly, it is unclear what is meant by “at least one recommended live streaming room in the third preview page”. Applicant is required to clarify. For the sake of the examination, Examiner presumes that the claimed limitation reads “displaying a preview page, and displaying the recommendation information of at least one recommended live streaming room”. Claim 13 is similarly rejected.
k) claim 14 recites “adjusting a display position of at least one recommendation information in the recommendation information of at least one recommended live streaming room in the first preview page in response to a position adjusting operation for the recommendation information of at least one recommended live streaming room”. It is unclear what “in the first preview page” modifies, e.g., whether modifies “at least one recommendation information”, “the recommendation information”, or “at least one recommended live streaming room”, or else. Moreover, it is unclear what is meant by “at least one recommendation information … in the first preview page”, and if/how the scope is different from “at least one recommendation information … on the first preview page”. Similarly, it is unclear what is meant by “the recommendation information… in the first preview page”, or “at least one recommended live streaming room in the first preview page”. Applicant is required to clarify. For the sake of the examination, Examiner presumes that the claimed limitation reads “adjusting a display position of at least one recommendation information in the recommendation information of at least one recommended live streaming room in response to a position adjusting operation for the recommendation information of at least one recommended live streaming room”.
l) claim 15 recites “displaying recommendation information of other recommended live streaming rooms different from at least one recommended live streaming room in the first preview page in response to a recommended live streaming room switching operation triggered in the first preview page.”
Regarding “displaying recommendation information of other recommended live streaming rooms different from at least one recommended live streaming room in the first preview page”, it is unclear what the “in the first preview page” modifies, e.g., whether modifies “display recommendation information”, or “at least one recommended live streaming room”, or else. Moreover, it is unclear what is meant by “displaying recommendation information … in the first preview page”, e.g., if/how the scope is different from “displaying recommendation information … on the first preview page”. Similarly, it is unclear what is meant by “at least one recommended live streaming room… in the first preview page” or “”at least one recommended live streaming room in the first preview page”. Applicant is required to clarify. For the sake of the examination, Examiner presumes that the claimed limitation reads “displaying recommendation information of other recommended live streaming rooms different from at least one recommended live streaming room”.
Regarding “in response to a recommended live streaming room switching operation triggered in the first preview page,” it is unclear what is meant by “switching operation triggered in the first preview page”, e.g., if/how the scope is different from “switching operation triggered on the first preview page.” Applicant is required to clarify. For the sake of the examination, Examiner assumes any relationship between switching operation triggered and in the first preview page.
It is to be noted that the Examiner’s rejections set forth below are all based on the Examiner’s interpretations as stated above in the 112 rejection section.
Claim Rejections - 35 USC § 102
7. 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.
8. 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.
9. Claims 1-2, 5, 10-13, 15-16 and 18-19 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Tang (CN115103218A, Google Patent translation is relied upon).
As to claim 1, Tang discloses an information display method, comprising:
displaying a first live streaming room page (page 5, last 3 paras to page 6, para 1, “And step S13, responding to the direct broadcasting room exit instruction of the target direct broadcasting room, returning the video data stream from the direct broadcasting room data model, bridging the video data stream to the preview data model, and displaying the preview window of the target direct broadcasting room according to the preview data model. The live broadcast room exit instruction acts on a live broadcast room page, and a user touches a live broadcast room exit control in the live broadcast room page or performs a horizontal sliding screen operation to trigger the live broadcast room exit instruction acting on the live broadcast room page, for example, referring to fig. 5, a terminal of the live broadcast room page shown in fig. 5 responds to a touch event acting on the live broadcast room exit control S506, and a current terminal triggers a response to act on the live broadcast room exit instruction of the live broadcast room page shown in fig. 5. After the current terminal responds to the live broadcast room exit instruction acting on the currently displayed live broadcast room page, the video data stream of the target live broadcast room currently displayed on the live broadcast room page is recovered from the live broadcast room data model corresponding to the live broadcast room page. Referring to fig. 3 and 4, after the current terminal recovers the video data stream of the target live broadcast from the live broadcast data model to bridge to the preview data model, the current terminal drives the preview data model to output the video data stream of the target live broadcast to the video playing control of the preview window S301 shown in fig. 3 for playing and displaying, or outputs the video data stream of the target live broadcast to the video playing control of the preview windowS401 shown in fig. 4 for playing and displaying”, wherein “a live broadcast room page”, such as “A live streaming room” in Fig. 5, indicates a corresponding first live streaming room); and
displaying a first preview page corresponding to the first live streaming room page in response to an operation of exiting the first live streaming room page (see citation in the preceding limitation, wherein either the preview page shown in Fig. 3 or the preview page shown in Fig. 4 can be equivalent to a first preview page corresponding to the first live streaming room page in response to the exit operation), and
displaying recommendation information of at least one recommended live streaming room in the first preview page (see citation in the preceding limitations, e.g., Fig. 3 and Fig. 4, “A live streaming room” and corresponding “number of fans”. Also see page 4, last 3rd paragraph, “referring to fig. 3 and 4, the preview window is generally used to display the video data stream in the live broadcast room and the feature information of the live broadcast room, … and the preview window is displayed in the graphical user interface, so that the user can judge whether the live broadcast room displayed in the preview window is interesting or not by previewing the video data stream in the live broadcast room and the displayed live broadcast room feature information in the live broadcast room in the preview window, specifically, referring to fig.3, a preview window S301 is displayed in the graphical user interface shown in fig. 3, the video data stream in the live broadcast room is output in the preview windowS301, and the feature information of the live broadcast room, such as the name of the live broadcast room and the number of fans of the main broadcast”, wherein the displayed “feature information of the live broadcast room, such as the name of the live broadcast room and the number of fans of the main broadcast” are displayed recommendation information of at least one recommended live streaming room in the first preview page, “so that the user can judge whether the live broadcast room displayed in the preview window is interesting or not”. See also page 4, last 3rd paragraph, “referring to fig.3, a preview window S301 is displayed in the graphical user interface shown in fig. 3, the video data stream in the live broadcast room is output in the preview windowS301, and the feature information of the live broadcast room, such as the name of the live broadcast room and the number of fans of the main broadcast, the preview window S301 is generally a window displayed in a full screen in a waterfall flow type layout, and a user can switch the preview window S301 to another preview window or a short video playing window through a longitudinal sliding operation; in addition, the preview window may also be displayed in a live view page as shown in fig. 4,where a plurality of preview windows are displayed in the live view page as shown in fig. 4, and the video data stream and the live view characteristic information in the live view corresponding to the preview window are generally played in the preview window S401.”).
As to claim 18, see similar rejection to claim 1.
As to claim 19, see similar rejection to claim 1.
As to claim 2, Tang discloses the method according to claim 1, wherein the displaying
recommendation information of at least one recommended live streaming room in the first preview page comprises:
displaying recommendation information of at least one recommended live streaming room
in the first preview page in response to a preset condition being satisfied (see citation in rejection to claim 1, e.g., page 5, last 3 paras to page 6, para 1, “And step S13, responding to the direct broadcasting room exit instruction of the target direct broadcasting room, returning the video data stream from the direct broadcasting room data model, bridging the video data stream to the preview data model, and displaying the preview window of the target direct broadcasting room according to the preview data model. The live broadcast room exit instruction acts on a live broadcast room page, and a user touches a live broadcast room exit control in the live broadcast room page or performs a horizontal sliding screen operation to trigger the live broadcast room exit instruction acting on the live broadcast room page, for example, referring to fig. 5, a terminal of the live broadcast room page shown in fig. 5 responds to a touch event acting on the live broadcast room exit control S506…,” wherein the preset condition is whether a user “touches a live broadcast room exit control in the live broadcast room page or performs a horizontal sliding screen operation”, and displaying said recommendation information in said preview page in response to this condition being satisfied).
As to claim 5, Tang discloses the method according to claim 1, wherein the recommendation information of at least one recommended live streaming room comprises:
a live streaming cover of at least one recommended live streaming room; or a live streaming preview window of at least one recommended live streaming room (see citation in rejection to claim 1, e.g., Fig. 3 and Fig. 4, wherein the feature information of the recommended live streaming room(s) constitutes a live streaming cover of at least one recommended live streaming room).
As to claim 10, Tang discloses the method according to claim 1, wherein at least one recommended live streaming room comprises a first recommended live streaming room (see citation in rejection to claim 1, e.g., Fig. 3 and Fig. 4, “A live streaming room”), and the method further comprises:
displaying a live streaming video playback page of the first recommended live streaming room in response to a trigger operation for recommendation information of the first recommended live streaming room (see citation in rejection to claim 1, e.g., Fig. 3 and Fig. 4, selecting the “enter live streaming room) or selecting the recommended room triggers displaying of the corresponding live streaming room which is a live streaming video playback page, see page 5, paragraph 4, “The live broadcast room data model is used for creating a displayed live broadcast room page, the current terminal recovers a video data stream of a target live broadcast room, the video data stream is bridged to the live broadcast room data model so that the video data stream can be output to the live broadcast room page for playing and displaying through the live broadcast room data model”; page 5, paragraph 1, “The target live broadcast room is a live broadcast room to which the video data stream played in the preview window belongs, the current terminal loads the video data stream obtained from the server in the target live broadcast room into a preview data model acting on the preview window so as to drive the preview data model to output the video data stream to the preview window for playing”; page 4, last 3rd paragraph, “the video data stream in the live broadcast room is output in the preview windowS301, and the feature information of the live broadcast room, such as the name of the live broadcast room and the number of fans of the main broadcast, the preview window S301 is generally a window displayed in a full screen in a waterfall flow type layout, and a user can switch the preview window S301 to another preview window or a short video playing window through a longitudinal sliding operation; in addition, the preview window may also be displayed in a live view page as shown in fig. 4,where a plurality of preview windows are displayed in the live view page as shown in fig. 4, and the video data stream and the live view characteristic information in the live view corresponding to the preview window are generally played in the preview window S401”. Therefore, a sliding operation on s301 in Fig. 3, e.g., to switch to another preview window in Fig. 4, is a trigger operation for the playback page in the preview window of Fig. 4. Alternatively, see citation above, “and a user can switch the preview window S301 to another preview window or a short video playing window through a longitudinal sliding operation”).
As to claim 11, Tang discloses the method according to claim 10, wherein the displaying the live streaming video playback page of the first recommended live streaming room comprises:
displaying a live streaming room page of the first recommended live streaming room (see citation in rejection to claim 10, wherein the playback page in the preview window s401 is “the video data stream and the live view characteristic information in the live view”) or
displaying a third preview page in response to live streaming of the first recommended live
streaming room not ending, wherein the third preview page is a live streaming preview page of the
first recommended live streaming room (see 112 rejection and Examiner’s interpretation therein that “a third preview page” and “the third preview page” are interpreted as any preview page. See citation in rejection to claim 10, wherein the playback page in the preview window s401 is “the video data stream and the live view characteristic information in the live view” therefore “not ending”); or displaying an offline page of the first recommended live streaming room in response to the live streaming of the first recommended live streaming room ending.
As to claim 12, Tang discloses the method according to claim 11, wherein the displaying the third preview page comprises:
displaying the third preview page, and displaying the recommendation information of at
least one recommended live streaming room in the third preview page (see 112 rejection and Examiner’s interpretation therein that “a third preview page” and “the third preview page” are interpreted as any preview page. See citation in rejection to claim 10, e.g., Fig. 4), wherein the recommendation information of the first recommended live streaming room is in a selected state (See citation in rejection to claim 1, e.g., Fig. 3, wherein the feature information such as the name of the room (“A live streaming room”) and a number of fans (“the number of fans: 21.1k”) corresponding to the at least one recommended live streaming room is in a selected state, selected to be displayed to the user).
As to claim 13, Tang discloses the method according to claim 12, wherein the recommendation information of at least one recommended live streaming room displayed on the first preview page comprises recommendation information of the first live streaming room, and the recommendation
information of the first live streaming room is in a selected state (see citation in rejection to claim 1, e.g., Fig. 3, wherein the feature information such as the name of the room (“A live streaming room”) and a number of fans (“the number of fans: 21.1k”) corresponding to the at least one recommended live streaming room is in a selected state, selected to be displayed to the user).
As to claim 15, Tang discloses the method according to claim 1, further comprising:
displaying recommendation information of other recommended live streaming rooms different from at least one recommended live streaming room in the first preview page in response to a recommended live streaming room switching operation triggered in the first preview page (see citation in rejection to claim 1, e.g., Fig. 5 displaying other recommended live stream rooms such as “B live streaming room”, “C live streaming room”, different from “A live streaming room”. See page 5, last 3 paras to page 6, para 1, “And step S13, responding to the direct broadcasting room exit instruction of the target direct broadcasting room, returning the video data stream from the direct broadcasting room data model, bridging the video data stream to the preview data model, and displaying the preview window of the target direct broadcasting room according to the preview data model. The live broadcast room exit instruction acts on a live broadcast room page, and a user touches a live broadcast room exit control in the live broadcast room page or performs a horizontal sliding screen operation to trigger the live broadcast room exit instruction acting on the live broadcast room page, for example, referring to fig. 5, a terminal of the live broadcast room page shown in fig. 5 responds to a touch event acting on the live broadcast room exit control S506, and a current terminal triggers a response to act on the live broadcast room exit instruction of the live broadcast room page shown in fig. 5. After the current terminal responds to the live broadcast room exit instruction acting on the currently displayed live broadcast room page, the video data stream of the target live broadcast room currently displayed on the live broadcast room page is recovered from the live broadcast room data model corresponding to the live broadcast room page. Referring to fig. 3 and 4, after the current terminal recovers the video data stream of the target live broadcast from the live broadcast data model to bridge to the preview data model, the current terminal drives the preview data model to output the video data stream of the target live broadcast to the video playing control of the preview window S301 shown in fig. 3 for playing and displaying, or outputs the video data stream of the target live broadcast to the video playing control of the preview windowS401 shown in fig. 4 for playing and displaying”, wherein “a live broadcast room page”, such as “A live streaming room” in Fig. 5, is a first live streaming room, and wherein the additional rooms show in the preview page of Fig. 4, e.g., “B live streaming room” and “C live streaming room”, as shown in Fig. 4. Also see page 4, last 3rd paragraph, “the preview window may also be displayed in a live view page as shown in fig. 4, where a plurality of preview windows are displayed in the live view page as shown in fig. 4, and the video data stream and the live view characteristic information in the live view corresponding to the preview window are generally played in the preview window S401”.
See also page 4, last 3rd paragraph, “referring to fig. 3 and 4, the preview window is generally used to display the video data stream in the live broadcast room and the feature information of the live broadcast room, … and the preview window is displayed in the graphical user interface, so that the user can judge whether the live broadcast room displayed in the preview window is interesting or not by previewing the video data stream in the live broadcast room and the displayed live broadcast room feature information in the live broadcast room in the preview window”, wherein the displayed “feature information of the live broadcast room, such as the name of the live broadcast room and the number of fans of the main broadcast” are displayed recommendation information of at least one recommended live streaming room in the first preview page, “so that the user can judge whether the live broadcast room displayed in the preview window is interesting or not”).
As to claim 16, Tang discloses the method according to claim 1, wherein the displaying the first live streaming room page comprises:
displaying the first live steaming room page in response to an operation triggered for the first preview page to enter a live streaming room (Fig. 6; Fig. 7; page 5, last 4th paragraph, “as shown in fig. 6 and 7, fig. 6 reacquires the video data stream from a server to output to the live broadcast page for the video data stream of the conventional interrupted preview window, when the live broadcast room page is generated, as much time is consumed for reacquiring the video data stream from the server, the loading page shown as S601 is displayed on the graphical user interface to remind the user that the live broadcast room page of the target live broadcast room is generated, so that the live broadcast browsing experience of the user is influenced, and as shown in FIG. 7, the video data stream played in the preview window is recovered to be used as the video data stream played in the generated live broadcast room page”; and page 4, last second paragraph, “The live broadcast room entering instruction is generally triggered to respond by a terminal device through responding to a live broadcast room entering event acting on the preview window, and a user at the terminal device triggers the live broadcast room entering event by clicking the preview window displayed in a graphical user interface or clicking a live broadcast room entering control displayed in the preview window, so that the terminal device responds to the live broadcast room entering event and triggers to respond to the live broadcast room entering instruction, and a live broadcast room page of a target live broadcast room corresponding to the preview window is displayed in the current graphical user interface.”).
Claim Rejections - 35 USC § 103
10. 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.
11. 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 of this title, 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.
12. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
13. Claims 3 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Tang, as applied to claim 1 above, and further in view of Wang (CN115065836A, Google Patent translation is relied upon).
As to claim 3, Tang discloses the claimed invention substantially as discussed in claim 2, wherein the method is applied to a first client (see citation in rejection to claim 1, wherein the user or the user device is a first client), but does not expressly disclose that preset condition comprises any or more of the following:
a playback duration of the first live streaming room page on the first client is longer than or equal to a first duration;
a live streaming room switching operation triggered in the first live streaming room page is not detected;
an operation triggered for a live streaming recommendation control m the first live streaming room page is not detected; or
an interactive operation with a recommended live streaming room displayed in a second preview page is detected, where the second preview page is a page displayed in response to an operation of exiting a second live streaming room, and a second live streaming room page is a live streaming video playback page displayed in a preset historical period of time.
Wang discloses a preset condition in determining recommendation in the context of switching live streaming rooms using a playback duration of a first live streaming room page on a first client is longer than or equal to a first duration (page 6, paragraph 9, “s210: and generating a recommendation strategy matched with the corresponding first stay time by utilizing the first inter-direct-broadcasting related information. The live broadcast watching behavior data can comprise a first dwell time for watching after entering each live broadcast room through the non-live broadcast room scenes and corresponding first live broadcast room related information. Specifically, the first stay duration may be a duration from when the user enters the live broadcast room through a non-live broadcast room scene… to before the user performs a switching operation to switch the live broadcast room”; page 7, paragraph 1, “s2121: and if the comparison result shows that the maximum first stay time is greater than or equal to a preset first time threshold, recommending the live broadcast rooms with the corresponding anchor identity information in the first association level by using the highest priority”).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Tang with Wang. The suggestion/motivation of the combination would have been to consider dwelling time in recommendation policy (Wang, page 6).
As to claim 7, Tang in view of Wang discloses the method according to claim 1, wherein the method is applied to a first client (see citation in rejection to claim 1, wherein the user of the display device or the device is a first client), where the playback duration of the first live streaming room page on the first client is longer than or equal to a second duration, at least one recommended live streaming room comprises a live streaming room with a content similarity higher than a preset threshold with the live streaming video played on the first live streaming room page (see 112 rejection and Examiner’s interpretation therein. See Wang, page 6, paragraph 9, “s210: and generating a recommendation strategy matched with the corresponding first stay time by utilizing the first inter-direct-broadcasting related information. The live broadcast watching behavior data can comprise a first dwell time for watching after entering each live broadcast room through the non-live broadcast room scenes and corresponding first live broadcast room related information. Specifically, the first stay duration may be a duration from when the user enters the live broadcast room through a non-live broadcast room scene… to before the user performs a switching operation to switch the live broadcast room”; page 7, paragraph 1, “s2121: and if the comparison result shows that the maximum first stay time is greater than or equal to a preset first time threshold, recommending the live broadcast rooms with the corresponding anchor identity information in the first association level by using the highest priority”; Wang, page 7, paragraph 8, “s2124: and acquiring other anchor which is interacting or has interacted with the anchor corresponding to the identity information of the anchor by using the interaction record, acquiring other anchor which belongs to the same live guild with the anchor corresponding to the identity information of the anchor by using the live guild information, and acquiring other live broadcasting rooms which belong to the same live guild with the anchor corresponding to the identity information of the anchor by using the live broadcasting item information so as to determine the live broadcasting rooms of all the relevant levels”, wherein the broadcasting item information’s relevant level indicates similarity and wherein the determining belonging to respective relevant levels indicates exceeding respective relevant level thresholds).
As to claim 8, Tang discloses the method according to claim 1, wherein the method is applied to a first client (see citation in rejection to claim 1, Tang, wherein the user of the display device or the device is a first client), at least one recommended live streaming room comprises a plurality of recommended live streaming rooms (see citation in rejection to claim 1, e.g., Tang, Fig. 4); and where the playback duration of the first live streaming room page on the first client is less than a third duration (Wang, page 7, paragraph 4, “If the comparison result shows that the maximum first stay time is longer than or equal to the preset first time threshold, the user can be considered to stay in the current live broadcast room for a certain time, and then the user can be judged to have certain interest in the current anchor. That is to say, the second recommendation policy may be to preferentially recommend the live broadcast rooms at the second association level when the first dwell time with the largest comparison result is less than the preset first time threshold and greater than the preset second time threshold”), the plurality of recommended live streaming rooms comprise different types of recommended live streaming rooms (see 112 rejection and Examiner’s interpretation therein. See Wang, page 7, paragraph 9, “Different types of live broadcast rooms corresponding to the anchor identity information can be obtained by utilizing various different information included in the first live broadcast room information, and then live broadcast rooms of all the association levels can be determined”).
14. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Tang, as applied to claim 1 above, and further in view of Lei (CN 114257833 A, Google Patent translation is relied upon).
As to claim 4, Tang discloses the method according to claim 1, wherein a close control corresponding to the recommendation information of at least one recommended live streaming room is further displayed in the first preview page (see citation in rejection to claim 1, e.g., Fig. 3, “enter into the live streaming room” button, once triggered, leaves the current page and enter into the live streaming room, therefore this button is equivalent to a close control that closes the current recommendation information of at least one recommended live streaming room, as displayed in the first preview page), the method further comprises:
canceling displaying the recommendation information of at least one recommended live streaming room in response to a trigger operation for the close control and entering the first live streaming room in the first preview page (see citation and explanation in the preceding limitation), but does not expressly disclose displaying a trigger control for entering the first live streaming room in the first preview page; and that the displaying of the first live streaming room page is in response to a trigger operation for the trigger control for entering the first live streaming room.
Lei discloses displaying a trigger control for entering a live streaming room; and displaying a live streaming room page in response to a trigger operation for the trigger control for entering the first live streaming room (page 2, first six paragraphs, “responding to the triggering operation of the recommendation window, and acquiring the triggering times of triggering the recommendation window within preset time; if the triggering times exceed a preset threshold value, displaying a confirmation control for confirming whether to enter the recommended live broadcast room; acquiring confirmation information of the confirmation control, and switching the first display interface to a live interface of the recommended live broadcast room if the confirmation is that the confirmation control enters the recommended live broadcast room; otherwise, closing the recommendation window and displaying the first display interface;.”).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Tang with Lei. The suggestion/motivation of the combination would have been to confirm with user when longer time passed after recommending (Lei, page 2, first six paragraphs).
15. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tang, as applied to claim 1 above, and further in view of Gupta et al (US 8578261).
As to claim 6, Tang discloses the claimed invention substantially as discussed in claim 5, wherein in a case where the recommendation information of at least one recommended live streaming room is the live streaming preview window of at least one recommended live streaming room (see citation in rejection to claim 1), the method further comprises: playing an audio of the first live streaming room page and controlling at least one recommended live streaming room in a mute state (see 112 rejection and Examiner’s interpretation therein wherein the limitation is not given patentable weight because the condition “in case where” does not necessarily occur). Alternatively, if the limitation were to be given patentable weight, then Tang does not expressly disclose playing an audio of the first live streaming room page and controlling at least one recommended live streaming room in a mute state. Gupta discloses playing an audio of a streaming page and controlling at least one preview data stream in a mute state (col. 5, lines 60-65, “Real Time Streaming Protocol (RTSP) where the content is audio, video, or audio-video content”; col. 7, lines 48-52, “audio data associated with the preview request 112…a preview frame data…”; col. 8, lines 58-65, “if the user 101 decides to preview the preview data stream (e.g., here a flash-based preview data stream) associated with the search result 705, they may do so using various media player functions (e.g., stop, play, fast forward, reverse, and mute sound”).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Tang with Gupta. The suggestion/motivation of the combination would have been to support various media player functions for preview (Gupta, col. 8, lines 58-65).
16. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tang, as applied to claim 1 above, and further in view of Sergey (WO 2012/078079, Google Patent translation is relied upon).
As to claim 9, Tang discloses the method according to claim 1, further comprising:
displaying a first page in response to a first sliding operation for the first preview page (page 4, last 3rd paragraph, “the preview window S301 is generally a window displayed in a full screen in a waterfall flow type layout, and a user can switch the preview window S301 to another preview window or a short video playing window through a longitudinal sliding operation”); and
displaying the first preview page in response to a second sliding operation for the first page, and displaying the recommendation information of at least one recommended live streaming room displayed in the first preview page (page 4, last 3rd paragraph, “the preview window S301 is generally a window displayed in a full screen in a waterfall flow type layout, and a user can switch the preview window S301 to another preview window or a short video playing window through a longitudinal sliding operation”. As disclosed, a preview window can be slide into from a different preview window, therefore sliding into the first preview window such as the previous window s301 from another preview window is implied),
but does not expressly disclose that a sliding direction of the first sliding operation is opposite to a sliding direction of the second sliding operation. Sergey discloses a sliding direction of a first sliding operation is opposite to a sliding direction of a second sliding operation (page 2, claim 35, “Device of Claim 34, wherein a two finger swipe in a first direction brings up the screen page for initiating the changing of the second display configuration, and a two finger swipe in the opposite direction to the first direction brings up a previously displayed home page”).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Tang with Sergey. The suggestion/motivation of the combination would have been to go back to the previous page (Sergey, page 2, claim 35).
17. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Tang, as applied to claim 1 above, and further in view of Xiao (CN 106790120 A, Google Patent translation is relied upon).
As to claim 14, Tang discloses the claimed invention substantially as discussed in claim 1, but does not expressly disclose adjusting a display position of at least one recommendation information in the recommendation information of at least one recommended live streaming room in the first preview page in response to a position adjusting operation for the recommendation information of at least one recommended live streaming room. Xiao discloses adjusting a display position of at least one recommendation information in recommendation information of at least one recommended live streaming room in a first preview page in response to a position adjusting operation for the recommendation information of at least one recommended live streaming room (page 6, para 2, “Referring to fig. 2 and fig. 3, a brief description will be made of an embodiment by combining the above steps: the anchor user opens the live broadcast release background to generate a preview picture of the video stream, namely the anchor user can see the picture of the anchor user, and the anchor user places articles to be recommended indoors, such as pick-up dune toys at the lower right corner of the picture. A 'new commodity information' button is arranged on a preview window picture.,…dragging and positioning the area by using a mouse and zooming the area, and moving the area to a position overlapped with an article as required”).
Before the effective filing date of the invention, it would have been obvious for an ordinary skilled in the art to combine Tang with Xiao. The suggestion/motivation of the combination would have been to allow overlapping with an article as required (Xiao, page 6, para 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUA FAN whose telephone number is (571)270-5311. The examiner can normally be reached on 9-6.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi, can be reached at (571) 272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HUA FAN/Primary Examiner, Art Unit 2426
Prosecution Insights