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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahbubani (US 2016/0381423) in view of Varghese (2008/0021783)
Claim 1, 14, and 16: Mahbubani discloses a video brochure, comprising :a) a body printed with a print message; (see for example [0046] he device 10 may be initially presented to a user with appropriate, theme oriented printed text and artwork, as well as appropriate, “generic” digital content.) b) a display secured to the body; (see fig 1 and [0011], The device 10 may also include a conventional video display 24 for displaying stored recorded images and a sound transducer 26 for audibly playing stored audio.)
c) a local data storage device secured to the body;([0011], The module 21 may include memory for storing digital content in the form of conventional electronic files of recordings of still images, video images, and/or audio, alone or in combination.)
d) a cellular signal transmitter secured to the body;( [0012] The electronic module 21 may include a conventional micro-controller, such as a microprocessor, programmed to transmit and receive, collectively ‘transceive’, one of the electronic files, over an electronic communication link 32 between the memory and a host server, or host device, 34. The electronic communication link 32 may be a direct, wired connection, or a wireless connection such as cellular, Wi-Fi, Bluetooth, or the like) and
e) a processor secured to the body, the processor operable to:
i) retrieve, from the local data storage device, a video message associated with the print message, ([0011], video files from memory for playback, has marketing content tied to the printed brochure messaging)
ii) display the video message on the display,([0011], also include a conventional video display 24 for displaying stored recorded images and a sound transducer 26 for audibly playing stored audio.) but does not explicitly disclose iii) present on the display, following displaying the video message, a prompt requesting a user response to the video message,
iv) receive the user response, and v) send, via the cellular signal transmitter, a message based on the user response to a remote data storage device. However Varghese discloses present on the display, following displaying the video message, a prompt requesting a user response to the video message, iv) receive the user response, and v) send, via the cellular signal transmitter, a message based on the user response to a remote data storage device.([0023], after viewing the advertisement, the user is asked to answer one or more questions related to the advertisement. [0080]cellular provider 310 receives the message through the cellular network 309 and attends to transmitting it to the proper recipient, which in the case of system 300 is the compensation coordinator) It would have been obvious to a person of ordinary skill to use the incentivize method/system of Varghese as the before the effective filing date of the claimed to include present on the display, following displaying the video message, a prompt requesting a user response to the video message, iv) receive the user response, and v) send, via the cellular signal transmitter, a message based on the user response to a remote data storage device, to be used in Mahbubani in order to gauge and report more abstract types of metrics, including the likeability of the advertisement (e.g. video), the purchase intent of the users who viewed the advertisement (e.g. video), the level of user recall of the particular advertisement (e.g. video), and the degree to which a message is associated with a particular advertiser.(e.g. content provider) (see Varghese [0077])
Claim 2: Mahbubani discloses the video brochure of claim 1, wherein the body includes a plurality of panels and is foldable into a layered configuration in which each panel forms a layer of a plurality of layers, and a presentation surface of the display is covered by a panel of the plurality of panels when the body is in the layered configuration. [0009 and 0030]
Claim 3: Mahbubani discloses the video brochure of claim 2, wherein the video message plays in response to an unfolding of the panels, wherein unfolding the panels exposes the presentation surface of the display. [0030], fig. 1 Claim 4: Mahbubani discloses the video brochure of claim 2, wherein the print advertisement includes a front portion printed on a surface of the body that is outward-facing when the body is in the layered configuration. (fig 1 and 3)
Claim 5: Mahbubani discloses the video brochure of claim 1, wherein the cellular signal transmitter includes a subscriber identity module (SIM) card. [0012]
Claim 6: Mahbubani discloses the video brochure of claim 1, wherein the processor is operable to automatically retrieve routing information identifying the remote data storage device prior to sending the message, and sending the message includes using the routing information. [0030]
Claim 7. Mahbubani discloses the video brochure of claim 1, wherein the print message is a print advertisement and the video message is a video advertisement, and the prompt is a request for an indication of user interest in receiving further contact regarding the print and video advertisements. [0045]
Claim 8. Mahbubani discloses the video brochure of claim 7, wherein the processor is operable to associate the indication of user interest with a project identifier prior to sending the message. [0030]
Claim 9. Mahbubani discloses the video brochure of claim 8, wherein the processor is operable to automatically retrieve routing information identifying the remote data storage device based on the project identifier and prior to sending the message, and sending the message includes using the routing information. [0046]
Claim 10. Mahbubani discloses the video brochure of claim 8, wherein the prompt requests specified user contact information, and the message is a single data packet containing the user contact information and the project identifier. [0029]
Claim 11. Mahbubani discloses the video brochure of claim 10, wherein the prompt further requests a user name, and the single data packet further contains the user name. [0020]
Claim 12. Mahbubani discloses the video brochure of claim 10, wherein presenting the prompt includes presenting a form providing an entry location for the specified user contact information. [0032]
Claim 13. Mahbubani discloses the video brochure of claim 1, wherein the display is a touchscreen, andthe processor is operable to receive the user response via the touchscreen. [0011]
Claim 15. The method of claim 14, wherein:a) the method is an advertising method,b) the print message is a print advertisement and the video message is a video advertisement, andc) the prompt is a request for an indication of user interest in receiving further contact regarding the print and video advertisements, and d) the method further comprises initiating the further contact in response to receiving the indication of user interest. [0030]
Claim.17: Mahbubani discloses the system of claim 16, wherein the body includes a plurality of panels and is foldable into a layered configuration in which each panel forms a layer of a plurality of layers, and the touchscreen is covered by a panel of the plurality of panels when the body is in the layered configuration. [0027], fig. 1 Claim 18: Mahbubani discloses the system of claim 16, wherein the signal transmitter of each video brochure is a cellular network transmitter and the signal transmitter of each video brochure includes a subscriber identity module (SIM) card [0012]. Claim 19: Mahbubani discloses the system of claim 16, wherein the prompt includes a form, and the user response includes an entry in the form. [0033]
Claim 20: Mahbubani discloses system of claim 16, wherein the local processor is operable to associate the user response with one of the plurality of project identifiers prior to sending the message, and the message is based on the user response and the one of the plurality of project identifiers. [0054]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARNELL A POUNCIL whose telephone number is (571)270-3509. The examiner can normally be reached Monday - Friday 10:00 - 6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ilana Spar can be reached at (571) 270-7537. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/D.A.P/Examiner, Art Unit 3622
/ILANA L SPAR/Supervisory Patent Examiner, Art Unit 3622