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 .
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/17/2025 was filed on or after the effective filing date of the instant application on 01/17/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Preliminary Amendment
The preliminary amendment to claims filed on 01/29/2025 has been accepted and entered.
Claims 1-9 have been cancelled.
Claims 10-21 have been newly added and are pending.
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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 10-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of U.S. Patent No. 12,231,707. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 10, the instant application claim 1 and the US patent claim 1 are both drawn to the same invention.
The claims differ in scope since the instant application claim 10 is broader in every aspect than the patent claim 1 and is therefore an obvious variant thereof.
Claim 10 of the instant application is anticipated by the patent claim 1 in that claim 1 of the patent contains all the limitations of claim 10 of the instant application. Claim 10 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
Claims 11-15 correspond to the patent claim 1.
Claims 16-21 correspond to the patent claim 4.
Claim Rejections - 35 USC § 102
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)(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.
Claims 10-21 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Anerella et al (US 2022/0383394).
Regarding claim 10, Anerella discloses a terminal, comprising:
one or more processors; and memory storing one or more computer programs configured to be executed by the one or more processors (Figures 8-9),
the one or more computer programs including instructions for:
displaying a selection screen on a display, the selection screen including a plurality of images each representing a respective edited video and a plurality of icons each being for a respective selling item associated with a respective edited video (Figure 7C and ¶ [0089] for displaying a product focus presenter GUI screen including a plurality of images representing a respective recorded video review and icons information for a respective selling product corresponding to each recorded video review; and Figures 4B-4C and ¶ [0059]-[0068] for editing a broadcast stream to generate product broadcast files including broadcast stream portions and their respective product identifiers and storing or updating stored the broadcast stream files to be presented as links of video reviews); and
sending, via a network and to a server, a viewing request including information identifying the edited video selected by a user on the selection screen (¶ [0074] and ¶ [0077]-[0081]).
Regarding claim 11, Anerella discloses the terminal as discussed in the rejection of claim 10. Anerella further discloses displaying the image and the icon, both of which are associated with the same edited video, in an associated manner (Figures 7A-7C).
Regarding claim 12, Anerella discloses the terminal as discussed in the rejection of claim 10. Anerella further discloses displaying the image and two or more icons, all of which are associated with the same edited video, in an associated manner (Figures 5A and 7B-7D).
Regarding claim 13, Anerella discloses the terminal as discussed in the rejection of claim 10. Anerella further discloses in response to sending the viewing request, receiving, via the network and from the server, data of the edited video selected by the user on the selection screen (¶ [0074] and ¶ [0077]-[0081]); and displaying a playback screen on the display, the playback screen including a region to display the edited video obtained by reproducing the received data (Figure 6).
Regarding claim 14, Anerella discloses the terminal as discussed in the rejection of claim 13. Anerella further discloses wherein the playback screen further includes an icon for a selling item associated with the edited video displayed in the region (Figures 6 and 7A).
Regarding claim 15, Anerella discloses the terminal as discussed in the rejection of claim 10. Anerella further discloses wherein the edited video is generated based on live-stream in which the respective selling item is introduced (Figures 4B-4C and ¶ [0059]-[0068]).
Regarding claims 16-21, all limitations of the claims 16-21 are analyzed and rejected corresponding to claims 10-15 respectively.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIGI L DUBASKY whose telephone number is (571)270-5686. The examiner can normally be reached M-F 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Flynn can be reached at 571-272-1915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GIGI L DUBASKY/Primary Examiner, Art Unit 2421