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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-18 of the instant application 19/030547 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent 12,210,730. Although the claims at issue are not identical, they are not patentably distinct from each other as seen by a representative sample of comparative analysis between the instant claim 1 and the issued claim 1.
The instant application: 19/030547
U.S. Patent 12,210,730
1. An electronic device, comprising: a display; one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for: displaying, via the display, a user interface of a messaging application, including concurrently displaying: a conversation log that includes a plurality of messages from one or more participants of a conversation; one or more indications corresponding to the one or more participants of the conversation; in accordance with a determination that the electronic device is currently transmitting data corresponding to audio communication and/or video communication to the one or more participants of the conversation, a live affordance with a first visual appearance that indicates that the data is being transmitted to the one or more participants of the conversation; and in accordance with a determination the electronic device is not currently transmitting the data to the one or more participants of the conversation, forgoing displaying the live affordance with the first visual appearance; while displaying the live affordance with the first visual appearance, receiving a user input corresponding to a selection of the live affordance; and in response to receiving the user input, displaying an affordance selectable to transition between transmitting live audio to the one or more participants without transmitting live video to the one or more participants and transmitting both live audio and live video to the one or more participants.
1. An electronic device, comprising: an input device; a display; a memory storing one or more programs configured to be executed by one or more processors, the one or more programs including instructions for: while a message conversation between a first participant associated with the electronic device and a second participant associated with an external device is active, displaying, via the display, a first affordance in a transcript of the message conversation, wherein the first affordance corresponds to a link to a media item; in accordance with a determination that the second participant has interacted with the link to the media item, initiating synchronized playback of the media item with the first participant and the second participant, wherein during the synchronized playback of the media item, the first participant and the second participant in the message conversation can exchange live media streams, and wherein initiating the synchronized playback of the media item includes: displaying, via the display, the synchronized playback of the media item; and ceasing to display, via the display, the transcript of the message conversation.
From the above evidence, clearly the claims at issue are not identical, they are not patentably distinct from each other as seen by the current claim 1 and the issued claim 1.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1-18 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Kato et al (US 2014/0104373) and (if necessary) further in view of Ferrone (US 2009/0235297), Panchapakesan et al (US 2016/0191432), Schleifer et al (US 2011/0179180), Chiang (US 2018/0184045) or McCarthy (US 2005/0198124).
Claims 1, 17 and 18, Kato, via Fig. 5, teaches a method, a medium and an electronic device, comprising: a display; one or more processors; and memory storing one or more programs configured to be executed by the one or more processors, the one or more programs including instructions for:
displaying, via the display, a user interface of a messaging application, including concurrently displaying (0109] The display control 17 further causes the display 120 to display images based on image data transmitted from a plurality of counterpart terminals 10, on the respective screens through the display 120):
a conversation log that includes a plurality of messages from one or more participants of a conversation; ([0242] The videoconference screen P0 further includes the message display area P10 at the lower left portion of the screen P0, in which various messages are displayed); Here examiner maps the message display area P10 to “conversation log” though Kato does not detail so called “conversation log”, it is well known in the art of chat messaging/text of recording the trail of conversation in a log. It suggests the conversation log since Kato indeed describes conversation among family members or friends or as in the meeting environment, [0316] or as users participating in the video conference, [0237], can exchange messages and certainly leave a trail or a log of their conversation by suggestion or obviousness. Examiner wishes to furnish addition references to support the clarification and obviousness and to avoid any future dispute. Please see the followings:
See Ferrone: Fig. 8
Panchapakesan: 3A
Schleifer Fig. 4 and [0033].
Chiang: Figs. 1-3 or
McCarthy: Figs. 5-6.
one or more indications corresponding to the one or more participants of the conversation; (the users participating the videoconference are able to carry out communication more smoothly, [0237, 0241, 0244]).
in accordance with a determination that the electronic device is currently transmitting data corresponding to audio communication and/or video communication to the one or more participants of the conversation, a live affordance with a first visual appearance that indicates that the data is being transmitted to the one or more participants of the conversation; (Fig. 37) and
in accordance with a determination the electronic device is not currently transmitting the data to the one or more participants of the conversation, forgoing displaying the live affordance with the first visual appearance; (Figs. 35 and 36);
while displaying the live affordance with the first visual appearance, receiving a user input corresponding to a selection of the live affordance, (Fig. 37); and
in response to receiving the user input, displaying an affordance selectable to transition between transmitting live audio to the one or more participants without transmitting live video to the one or more participants ([0260] At S121-4, the message generator 61 combines a message indicating that "IMAGE NOT RECEIVED" with the extracted terminal name "TERMINAL AA" to generate a message "IMAGE NOT RECEIVED FROM TERMINAL AA". In alternative to generating the message "IMAGE NOT RECEIVED", the message generator 61 may generate a message "ONLY SOUND IS RECEIVED" to indicate that only the sound data is received) and transmitting both live audio and live video to the one or more participants. ([0220-0222] Referring now to FIG. 7 and FIG. 27, operation of transmitting and receiving contents data such as image data and sound data between the request terminal and the counterpart terminal to carry out videoconference, performed by the transmission system 1, is explained according to an example embodiment of the present invention).
It would have been obvious to the ordinary artisan before the effective filing date to make a minor modification to Kato by adding the feature presented by Ferrone, Panchapakesan, Schleifer or Chiang to expressly detail the “conversation log” for greater transparent execution of the claimed invention.
Claim 2. The electronic device of claim 1, wherein: the conversation log is displayed in a first portion of the user interface of the messaging application; and the live affordance is displayed in a second portion of the user interface of the messaging application that is above the first portion. (See the independent claims or at least McCarthy: Fig. 5 and 6 ).
Claim 3. The electronic device of claim 1, wherein: the one or more indications corresponding to the one or more participants of the conversation are displayed in a third portion of the user interface of the messaging application; and the live affordance is displayed in the third portion of the user interface of the messaging application, adjacent to the one or more indications corresponding to the one or more participants of the conversation. (See the independent claims or at least Schleifer’s Fig. 4).
Claim 4. The electronic device of claim 1, wherein a second live affordance is displayed in the conversation log. (See the independent claims or at least Schleifer’s Fig. 4).
Claim 5. The electronic device of claim 1, the one or more programs further including instructions for: displaying a join affordance which, when activated, causes the electronic device to transmit the data to the one or more participants of the conversation. (See the independent claims or at least Schleifer, [0052]….: The communication session server 54 might also assist in the adding and removing of users 12 to and from the communication session 18. For example, upon receiving a request from at least one user 12 of a device 14 to join the communication session 18, the communication session server 54 may join the user(s) 12 of the device 14 with the communication session 18 (e.g., by announcing the arrival of the newly arriving user(s) 12).
Claim 6. The electronic device of claim 1, the one or more programs further including instructions for: while the electronic device is transmitting the data to the one or more participants of the conversation, displaying an indication of a type of information being provided by the data. (Ferrone: [0039] One of the functions of the media guidance application is to provide media listings and media information to users;…. [0122] and Fig. 13: media information is displayed on a display such as display 312 of user equipment device 300; Kato: [0313] In the above-described examples, the contents data is assumed to include image data and sound data. Alternatively, the contents data may include any other type of data that affects human senses of sight in alternative to image data, or any other type of data that affects human senses of hearing in alternative to sound data. Alternatively, the contents data may include any other type of data that affects human senses of sight, smell, taste, touch, and hearing).
Claim 7. The electronic device of claim 1, the one or more programs further including instructions for: while one or more participants in the conversation is transmitting a respective live media stream, displaying an indication of a source of information being provided by the respective live media stream. (Chiang: as shown in FIG. 2, if the user inputted an RTT message using voice recognition (as opposed to entering it directly on the keyboard 208), then the source identifier 214 may be a “V” 214a for “voice recognition.”)
Claim 8. The electronic device of claim 1, the one or more programs further including instructions for: while the electronic device is not currently transmitting the data to the one or more participants of the conversation, displaying the live affordance with a second visual appearance; and in accordance with a determination that the electronic device has started to transmit the data to the one or more participants of the conversation: ceasing to display the live affordance with the second visual appearance; and displaying the live affordance with the first visual appearance. (See the independent claims or Kato).
Claims 9-10. The electronic device of claim 1, wherein the data includes synchronized playback of media; wherein the synchronized playback of media is synchronized game play. (Ferrone: [0037, 0094]:…Guidance applications also allow users to navigate among and locate content related to the video content including, for example, video clips, articles, advertisements, chat sessions, games, etc)
Claim 11. The electronic device of claim 1, wherein the data includes a live view of a respective user interface of the electronic device. (Kato: [0125]… transmit or receive high quality image data during videoconference).
Claim 12. The electronic device of claim 1, wherein the data includes live video from a camera of the electronic device. (Kato: [0080] The camera 112 takes an image of an object to obtain image data under control of the CPU 101. The imaging element I/F 113 controls operation of the camera 112).
Claim 13. The electronic device of claim 1, wherein the data includes live audio from a microphone of the electronic device. (Kato: [0080] … The microphone 114 catches sounds such as voice of the user at the terminal 10. The speaker 115 outputs sounds such as sounds generated based on voice of the user at the counterpart terminal 10B. The sound I/O I/F 116 controls input or output of sound signals such as voice signals with respect to the microphone 114 and the speaker 115 under control of the CPU 101).
Claim 14. The electronic device of claim 1, wherein the data includes playback of a video, the one or more programs further including instructions for: displaying a media playback user interface that displays the video; while transmitting the data, receiving a user input; and in response to receiving the user input, displaying the user interface of the messaging application. (See the independent claims or at least, Panchapakesan, Fig. 3A).
Claim 15. The electronic device of claim 1, the one or more programs further including instructions for: maintaining the conversation when an initiator of the conversation leaves the conversation. (Schleifer: when new individuals enter the video stream or when present individuals leave, the communication session server 54 may announce such arrivals and departures to the other users 12 in the communication session 18, [0061]).
Claim 16. The electronic device of claim 1, wherein the live affordance is selectable for initiating a process for determining a type of the data. (Kato: [0313] In the above-described examples, the contents data is assumed to include image data and sound data. Alternatively, the contents data may include any other type of data that affects human senses of sight in alternative to image data, or any other type of data that affects human senses of hearing in alternative to sound data. Alternatively, the contents data may include any other type of data that affects human senses of sight, smell, taste, touch, and hearing. In case the contents data that affects human senses of touch, the terminal 10 may convey the contents data that reflects senses of touch that is felt by a user at the terminal 10 to another terminal 10 through the communication network 2. In case the contents data that affects human senses of smell, the terminal 10 may convey the contents data that affects senses of smell felt by a user at the terminal 10 to another terminal 10 through the communication network 2. In case the contents data that affects human senses of taste, the terminal 10 may convey the contents data that affects senses of taste felt by a user at the terminal 10 to another terminal 10 through the communication network 2).
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUNG-HOANG J. NGUYEN whose telephone number is (571)270-1949. The examiner can normally be reached Reg. Sched. 6:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUNG-HOANG J NGUYEN/Primary Examiner, Art Unit 2691
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