DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is in response to communications filed 12/2/2024. Claim 1 is cancelled. Claims 2-16 are new. Claims 2-16 are pending in this action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The independent claims respectively recite “wherein the interactive interface includes a first interactive element that is interactive to allow the first user to join the viewed media item in progress by the second user;
in response to a second interaction with the first interactive element included in the interactive interface, initiating, by the computing device, a first video chat between the first user, and at least the second user, the initiating of the first video chat including causing display, at the display device, of a second window and a second interactive element to present a second media item, wherein the second window, upon display, is interactive to enable to the first video chat between the first user and at least the second user”. However, there does not appear to be sufficient support for “a second interaction with the first interactive element included in the interactive interface” i.e., an interactive element that has 2 functions.
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.
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.
Claims 2-16 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.
Claim 2 recites “wherein the interactive interface includes a first interactive element that is interactive to allow the first user to join the viewed media item in progress by the second user;
in response to a second interaction with the first interactive element included in the interactive interface, initiating, by the computing device, a first video chat between the first user, and at least the second user, the initiating of the first video chat including causing display, at the display device, of a second window and a second interactive element to present a second media item, wherein the second window, upon display, is interactive to enable to the first video chat between the first user and at least the second user”. This limitation is vague and unclear because the applicant’s original disclosure, while indicating in at least Fig. 5G an option to “join viewing party”, there is no actual explanation of what joining a viewing party actually means, or how it is done. The applicant’s original disclosure teaches “initiation a viewing party” wherein the initiating enables the first user to access the first media item being presented to the second user. However, this is different from “joining a viewing party”. Additionally, it is unclear as how a “a second interaction with the first interactive element included in the interactive interface” initiates a first video chat between the first user, and at least the second user, the initiating of the first video chat including causing display, at the display device, of a second window and a second interactive element to present a second media item, wherein the second window, upon display, is interactive to enable to the first video chat between the first user and at least the second user because there does not appear to be disclosed details about any second interaction on a single element.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US20120110621 to Gossweiler, US20090287790 to Upton, US20130133005 to Sakai, US20130293600 to Lemmey, US20150033253 to Yoshioka.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENEA DAVIS whose telephone number is (571)272-9524 and whose email address is CHENEA.SMITH@USPTO.GOV. The examiner can normally be reached M-F: 8:00 am - 4:00 pm.
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/CHENEA DAVIS/Primary Examiner, Art Unit 2421
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