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) 2-5, 8, 9, 12, 13, 15 17, 18, 20, 22, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahbubani (US 2016/0381423) in view of Varghese (2008/0021783) in further view of Scannell, JR (US 2009/0019061) hereinafter referred to as Scannell.
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 8, 15, and 20: 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 ‘transceiver’, 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.)
v) send, via the cellular signal transmitter, a message based on the user response to a remote data storage device. ([0011, 0012], cellular , wifi and Bluetooth communication)
wherein the processor is operable to associate the indication of user interest with a project identifier prior to sending the message. [0030] wherein the video brochure is an advertising mailer ([0040], the device 10 may be utilized as a promotional product, such as for a popular singer. The device 10 may be distributed, including printed text and photographs of the singer. The device 10, as originally distributed, could also include a music video of a performance by the singer. But rather than the stored digital content remaining static, the device 10 may remain current by permitting a user to follow the singer, such as via the singer's Twitter and/or Instagram social media account. Additionally, subsequent music videos may be downloaded to the device 10, either upon the control of the singer and/or the user. The device 10, in effect, may be configured to never become out-dated. This device 10 could similarly be utilized to promote a commercial product, a business, or the like, also never becoming out-dated. [0052] The user may be provided the option to order a clone of the device 10 and have that mailed to others, such as grandparents for example, so all the content may be shared with loved ones not present at the park)
wherein the print message is a print advertisement and the video message is a video advertisement [0011, 0046]
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
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, and wherein the processor is operable to associate the indication of user interest with a project identifier prior to sending the message, and wherein the prompt requests specified user contact information, and the message contains the user contact information and the project identifier.
However Varghese discloses iii) present on the display, following displaying the video message, a prompt requesting a user response to the video message, ([0059], the user could be asked what brand of toothpaste he or she currently uses, could be shown a full-length video advertisement for the toothpaste that is the subject of the original advertisement 10, or could be asked about habits that are related, like how often the user flosses his or her teeth. [0060] Method 100 continues with task 110. In task 110, the user is typically asked a number of questions that relate to the advertisement 10 and, optionally, to the materials that he or she was shown in task [0063] Of course, in the context of method 100, a "question" does not have to be a conventional question. Rather, a question may be any prompt that requires a response by the user)
iv) receive the user response, ([0060], , the user is typically asked a number of questions that relate to the advertisement 10 and, optionally, to the materials that he or she was shown in task 106, if any. The answers that the user gives to these questions are recorded)
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 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, 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])
Mahbubani and Varghese do not explicitly disclose the prompt is a request for an indication of user interest in receiving further contact regarding the print and video advertisements, and wherein the processor is operable to associate the indication of user interest with a project identifier prior to sending the message, and wherein the prompt requests specified user contact information, and the message contains the user contact information and the project identifier.
However Scannell discloses the prompt is a request for an indication of user interest in receiving further contact regarding the print and video advertisements, ([0022] Providing the information associated with the code to the user comprises storing a request for a person to contact the user to provide the information. [0184] The user 102, after receiving the content, may decide that additional information (including, for example, additional related content or purchasing information) is desired. In some cases, the user 102 may attempt to retrieve additional information related to the content using a portable device and wherein the processor is operable to associate the indication of user interest with a project identifier prior to sending the message, )and
wherein the prompt requests specified user contact information, and the message contains the user contact information and the project identifier. ([0023] The request includes contact information associated with the user. [0025] The content comprises a real estate advertisement and the information associated with the code comprises real estate information)
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 the prompt is a request for an indication of user interest in receiving further contact regarding the print and video advertisements, wherein the prompt requests specified user contact information, and the message contains the user contact information and the project identifier, in Mahbubani and Varghese in order to permit the user to conveniently request information related to particular content.
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 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, and the processor is operable to receive the user response via the touchscreen. [0011]
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 22: Mahbubani discloses the video brochure of claim 8, wherein the processor is operable to display the video message on the display in response to a single user action without further user input, the single user action being pushing a button or opening the video brochure by moving a panel to uncover the display. [0014 and 0015]
Claim 24: Mahbubani discloses the video brochure mailer method of claim 15, wherein said playing the video message on the display of the video brochure in response to the user action is in response to a single user action without further user input, the single user action being pushing a button or opening the video brochure by moving a panel to uncover the display. [0014 and 0015]
Claim(s) 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahbubani (US 2016/0381423) in view of Varghese (2008/0021783) in further view of Scannell, JR (US 2009/0019061) hereinafter referred to as Scannell. In further view of Zayas et al. (US 2012/0303552)
Claim 10. Mahbubani discloses the video brochure of claim 8, but does not explicitly disclose message is a single data packet containing the user contact information and the project identifier.
However, Zayas discloses message is a single data packet containing the user contact information and the project identifier. [0055, 0056, 0082]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, Mahbubani, Varghese, and Scannell to include message is a single data packet containing the user contact information and the project identifier in order to communicate information together using conventional packet based communication. Claim 11. Mahbubani discloses the video brochure of claim 10, but does not explicitly disclose wherein the prompt further requests a user name, and the single data packet further contains the user name. However Zayas discloses wherein the prompt further requests a user name, and the single data packet further contains the user name. [0055, 0056, 0082] Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, Mahbubani, Varghese, and Scannell to include wherein the prompt further requests a user name, and the single data packet further contains the user name in order to communicate information together using conventional packet based communication.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahbubani (US 2016/0381423) in view of Varghese (2008/0021783) in further view of Scannell, JR (US 2009/0019061) hereinafter referred to as Scannell. In further view of Guo et al. (US 2017/0264934)
Claim 21: Mahbubani discloses the video brochure of claim 8, but does not explicitly disclose wherein the processor is operable to display the video message on the display without user input. However, Guo discloses wherein the processor is operable to display the video message on the display without user input. [0023]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, Mahbubani, Varghese, and Scannell to include wherein the processor is operable to display the video message on the display without user input in order to influence the user to enter information.
Claim(s) 23, 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mahbubani (US 2016/0381423) in view of Varghese (2008/0021783) in further view of Scannell, JR (US 2009/0019061) hereinafter referred to as Scannell. In further view of Kahlert et al. (US 2014/0108494)
Claim 23: Mahbubani discloses the video brochure of claim 22, but does not explicitly disclose wherein the processor is operable to present the prompt automatically immediately after displaying the video message without further involvement of the user. However, Kahlert discloses wherein the processor is operable to present the prompt automatically immediately after displaying the video message without further involvement of the user. [0057 and 0073]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, Mahbubani, Varghese, and Scannell to include wherein the processor is operable to present the prompt automatically immediately after displaying the video message without further involvement of the user. in order to influence the user to enter information.
Claim 25: Mahbubani discloses the video brochure mailer method of claim 24, but does not explicitly disclose wherein said presenting the user with the prompt occurs immediately after displaying the video message without further involvement of the user. However Kahlert discloses wherein said presenting the user with the prompt occurs immediately after displaying the video message without further involvement of the user. [0073]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify, Mahbubani, Varghese, and Scannell to include wherein said presenting the user with the prompt occurs immediately after displaying the video message without further involvement of the user in order to influence the user to enter information.
Response to Arguments
Applicant’s arguments with respect to claim(s) 2-5, 8-13, 15, 17-25 have been considered but are moot due to the updated rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/D.A.P/Examiner, Art Unit 3622
/ILANA L SPAR/Supervisory Patent Examiner, Art Unit 3622
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