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 .
DETAILED ACTION
Claims 1-20 have been examined.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Independent Claims 1, 11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims are in a statutory category of invention. However, the claims recite display a list view comprising list elements indicating a plurality of profiles, wherein the plurality of profiles are associated with a personal account: receive a first user input that indicates a selection of one of the plurality of profiles displayed in the list view, wherein a profile view of the selected profile indicates a set of profile editing items, wherein the set of profile editing items comprises at least one of profile background item or at least one of profile items configured to be displayed, in the profile view, at a user-selectable location, and wherein the set of profile editing items is associated with content of an official account different from the personal account: confirm whether the personal account satisfies a predetermined condition corresponding to the set of profile editing items associated with the official account, wherein the predetermined condition corresponds to an establishment of a relationship between the personal account and the official account. wherein the official account is enabled to send messages of a first type, to a first group of users, regardless of whether the first group of users have the relationship with the official account, wherein the messages of the first type correspond to a topic other than an advertisement associated with the official account; and
wherein the official account is enabled to send messages of a second type, to a second group of users, in response that the second group of users have the relationship with the official account, wherein the messages of the second type comprise an advertisement associated with the official account, based on the confirming that the personal account has not satisfied the predetermined condition: confirming that the personal account has satisfied the predetermined condition via relationship establishment with the official account; and based on the confirming that the personal account has satisfied the predetermined condition: apply the set of profile editing items to the profile view of the personal account: generate a modified profile view by modifying at least one profile editing item displayed on the profile view of the personal account; and display the modified profile view of the personal account. This is considered in the Abstract Idea grouping of certain methods of organizing human activity - advertising, marketing or sales activities or behaviors. This judicial exception is not integrated into a practical application because the claim is directed to an abstract idea with additional generic computer elements. The additional elements are considered a computing device comprising at least one processor including processing circuitry; and memory storing instructions that, when executed by the at least one processor individually or collectively, causes the computing device to:, based on data received from a server, display a user interface element notifying the predetermined condition, wherein the user interface element comprises a selectable button for satisfying the predetermined condition: receive a second user input indicating a selection of the selectable button; and based on the second user input. These are considered generic. The generically recited computer elements do not add a practical application or meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional limitations only perform well-understood, routine, conventional computer functions as recognized by the court decisions listed in MPEP § 2106.05(d). Also, the additional hardware elements are: (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structure that serves to perform generic computer functions. Viewed separately or as a whole, these additional claim elements do not provide meaningful limitations to transform the abstract idea into a patent eligible application of the abstract idea such that the claims amounts to significantly more than the abstract idea itself. The claim does not provide significantly more than the identified abstract idea, in that there is no improvement to another technology or technical field, no improvement to the functioning of a computer, no application with, or by use of a particular machine, no transformation or reduction of a particular article to a different state or thing, no specific limitation other than what is well-understood, routing and conventional in the field, no unconventional step that confines the claim to a particular useful application, or meaningful limitations that amount to more than generally linking the use of the abstract idea to a particular technological environment. Therefore, the claims are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Dependent claims 2-10, 12-20 are not considered directed to any additional non-abstract claim elements. Rather, these claims offer further descriptive limitations of elements found in the independent claims and addressed above. While these descriptive elements may provide further helpful description for the claimed invention, these elements do not confer subject matter eligibility to the invention since their individual and combined significance is still not more than the abstract concepts identified in the claimed invention. Hence, these dependent claims are also rejected under 101.
Please see the 35 USC 101 section at the Examination Guidance and Training Materials page on the USPTO website.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Meagher (20200184609) in view of Chagpar (20170206616).
Claims 1, 11. Meagher discloses a computing device comprising:
at least one processor including processing circuitry; and memory storing instructions that, when executed by the at least one processor individually or collectively, causes the computing device to (Figs. 1, 2):
display a list view comprising list elements indicating a plurality of profiles, wherein the plurality of profiles are associated with a personal account (see UIN as personal account and plurality or profiles in plural [47-49]);
receive a first user input that indicates a selection of one of the plurality of profiles displayed in the list view, wherein a profile view of the selected profile indicates a set of profile editing items, wherein the set of profile editing items comprises at least one of profile background item or at least one of profile items configured to be displayed, in the profile view, at a user-selectable location ([47-49] and “[49]… the various personal enhancement profiles may be modified at any time by the user(s) uploading his/her settings” and “[48]… will make adjustments to the image when the image moves through the server 104 based on uploaded personal settings”), and wherein the set of profile editing items is associated with content of an official account different from the personal account (see spokesperson [29], sponsor at [30] and claim 28, celebrity [65], see celebrity sponsor embed logos or storeowner embed signs [68, 70], and celebrity, spokesperson, storeowner [69]; see claim 27 with enhance image and user is also a spokesperson);
confirm, based on data received from a server, whether the personal account satisfies a predetermined condition corresponding to the set of profile editing items associated with the official account (also [30, 53] and claim 28 shows table of these official associations and user identifiers that can be confirmed; sponsor at [30] and claim 28 and also celebrity, spokesperson, storeowner [69] or [65] so only these official people can authorize modifying the images that are presented by adding official logos, brands, ads, signs, banners, etc),
wherein the predetermined condition corresponds to an establishment of a relationship between the personal account and the official account (also [30, 53] and claim 28 shows table of these official associations and user identifiers; sponsor at [30] and claim 28 and also celebrity, spokesperson, storeowner [69] or [65] so only these official people can authorize modifying the images that are presented by adding official logos, brands, ads, signs, banners, etc),
wherein the official account is enabled to send messages of a first type, to a first group of users, regardless of whether the first group of users have the relationship with the official account, wherein the messages of the first type correspond to a topic other than an advertisement associated with the official account (as shown above, user can be an official celebrity or sponsor and here shows can send messages via social media: “[46]… (5) ability to customize based on which group of people to which the photograph is being sent (e.g., when sending to parents, removing evidence of tattoos, earrings, piercings, and/or the like, or when posting to social sites, removing or adding features such as tattoos, piercings, hair loss, hair length, wedding rings, scars, pimples, weight, smoking articles, and/or the like.””); and
wherein the official account is enabled to send messages of a second type, to a second group of users, wherein the messages of the second type comprise an advertisement associated with the official account (modify image based on profile settings [48, 49]; “[46]… (5) ability to customize based on which group of people to which the photograph is being sent (e.g., when sending to parents, removing evidence of tattoos, earrings, piercings, and/or the like, or when posting to social sites, removing or adding features such as tattoos, piercings, hair loss, hair length, wedding rings, scars, pimples, weight, smoking articles, and/or the like.” And the tatoos can be for official account type content: “[0021] In another aspect of the present disclosure, the selectively configurable attributes are selected from a group consisting of advertising indicia, trademarks, logos, tattoos, piercings, clothing, facial features, and body features.” And “[65]… Fake tattoos that are automatically added to each image are another source of celebrity revenue.”).
Meagher does not explicitly disclose in response that the second group of users have the relationship with the official account. However, Meagher discloses that different messages can be sent to different groups [48, 49] and that one of the groups can be sponsors/celebrities/storeowners/spokespersons [69], and that different groups can be identified ([30, 53] and claim 28 shows table of these official associations and user identifiers, so if user is not in the Table). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Meagher’s identifying different groups to Meagher’s official relationship group and Meagher’s sending to particular groups so that an official relationship group can be sent a particular message. One would have been motivated to do this in order to better send relevant content.
Meagher further discloses based on the confirming that the personal account has not satisfied the predetermined condition ([30, 53] and claim 28 shows table of these official associations and user identifiers, so if user is not in the Table).
Meagher does not explicitly disclose display a user interface element notifying the predetermined condition, wherein the user interface element comprises a selectable button for satisfying the predetermined condition;
receive a second user input indicating a selection of the selectable button; and
based on the second user input, confirming that the personal account has satisfied the predetermined condition via relationship establishment with the official account. However, Chagpar discloses badges for user profile page where the badges are earned and displayed with the user profile ([94, 90]) and that a badge to be earned is displayed that the user does not have yet and the steps to get that badge (Fig. 7f, 7I) and also the badges the user has and the ones they can further get (Fig. 7L). Also, note in Chagpar the selectable buttons at Figs. 7f, 7I. Also, note in Chagpar Figs. 7f, 7h where the badge is locked and still has to be earned and then Figs. 7b, 7L where the badges are now unlocked/already earned. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Chagpar’s badges and locked/unearned badges and how to get them and unlocked/earned badges to Meagher’s celebrity/sponsor/storeowner/spokesperson and authority to modify based on an official account. One would have been motivated to do this in order to better display to users current and possible level/status.
Meagher further discloses based on the confirming that the personal account has satisfied the predetermined condition ([30, 53] and claim 28 shows table of these official associations and user identifiers, so if user is not in the Table);
apply the set of profile editing items to the profile view of the personal account (different messages can be sent to different groups [48, 49], [65] and that one of the groups can be sponsors/celebrities/storeowners/spokespersons [69]);
generate a modified profile view by modifying at least one profile editing item displayed on the profile view of the personal account (different messages can be sent to different groups [48, 49], [65]); and
display the modified profile view of the personal account (different messages can be sent to different groups [48, 49], [65]).
Claim 2, 12. Meagher does not explicitly disclose the computing device of claim 11, wherein the instructions, when executed, further cause the computing device to: display a first list of friend profiles using first list elements and a second list of a plurality of recommended profiles using second list elements different from the first list elements, wherein the second list comprises first profiles whose profile views have been modified within a predetermined time and a second profile whose profile view have been modified to include the set of profile editing items within the predetermined time, and wherein at least one first profile of the first profiles visually precedes the second profile in the displayed second list . However, Meagher discloses making suggestions [46], and selecting particular groups (different messages can be sent to different groups [48, 49]), and that period of time can be a criteria (see amount of time for a particular profile image modification [26] and time specific [46]). Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Meagher’s period of time as a criteria to Meagher’s suggesting and Meagher’s identifying different groups such that Meagher can suggest groups to send messages based on criteria like time or period. One would have been motivated to do this in order to better send relevant content.
Claim 3, 13. Meagher further discloses the computing device of claim 11, wherein the profile editing items comprise a visual content item for editing a visual portion of the profile view of the personal account ([21, 46]).
Claim 4, 14. Meagher further discloses the computing device of claim 11, wherein the predetermined condition further comprises at least one of: a second condition of requesting an access to advertisement content associated with the official account; or a third condition of participating in an event associated with the official account (see advertisement, logo, banner [24, 69]).
Claim 5, 15. Meagher further discloses the computing device of claim 11, wherein the predetermined condition is limited to a predetermined number of participants (“[48]… such as by limiting the number of friend personal enhancement profiles”).
Claim 6, 16. Meagher further discloses the computing device of claim 11, wherein the set of the profile editing items is one or more of: at least one of a music item and a link item, or at least one of the profile background items, wherein the music item comprises a play list, wherein the link item is configured to be displayed at a user-selectable location in the profile view, and, upon selection, is configured to direct the second user to a screen for establishing a friend relationship with an official account of a company associated with the link item, and wherein at least one of the profile background items comprises one of an effect, an image, and a video that modifies a background of the profile view (see background [61, 68, 69]; also note link [69]; also note that because of the “or” and “at least one of” claim clauses that only the background needs be a profile editing item).
Claim 7, 17. Meagher further discloses the computing device of claim 11, wherein the instructions, when executed, further cause the computing device to: replace at least one profile editing item of the profile view of the personal account with at least a portion of the set of profile editing items by: identify a type of at least one profile editing item of the profile view of the personal account respectively; and determine, based on the identified type, whether to replace at least a portion of the at least one profile editing item of the profile view with corresponding at least a portion of the set of profile editing items ([46, 48, 49, 65]).
Claim 8, 18. Meagher further discloses the computing device of claim 12, wherein at least one of a position at which the recommended profiles are displayed in the list view and a period of time for which the recommended profiles are displayed in the list view is set in advance (see amount of time for a particular profile image modification [26] and time specific [46]).
Claim 9, 19. Meagher does not explicitly disclose the computing device of claim 11, wherein the set of profile editing items are displayed in the profile view of the personal account in a locked state prior to satisfaction of the predetermined condition, and wherein the set of profile editing items, in the locked state, is configured to display instructions for satisfying the predetermined condition. However, Chagpar discloses badges for user profile page where the badges are earned and displayed with the user profile ([94, 90]) and that a badge to be earned is displayed that the user does not have yet and the steps to get that badge (Fig. 7f, 7I) and also the badges the user has and the ones they can further get (Fig. 7L). Also, note in Chagpar Figs. 7f, 7h where the badge is locked and still has to be earned and then Figs. 7b, 7L where the badges are now unlocked/already earned. Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to add Chagpar’s badges and locked/unearned badges and how to get them and unlocked/earned badges to Meagher’s celebrity/sponsor/storeowner/spokesperson and authority to modify based on an official account. One would have been motivated to do this in order to better display to users current and possible level/status.
Claim 10, 20. Meagher further discloses a non-transitory computer readable medium storing instructions that, when executed, cause performance of the method of claim 1 (Figs. 1, 2). Meagher further discloses a system comprising: the computing device of claim 11; and the server, configured to send the data (Figs. 1, 2).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
aa) Note related CON application 17073494;
ab) Rathod ‘417 discloses brand network members, partner, associate, affiliate [59];
a) Collier [0015] [0044] discloses virtual badges as profile image rewards;
Aaa) GOVRIK [0023] discloses profile and logo; GOHAR discloses VIP status and profile and logos [0012, 29, 45]; DESMAR[110]; Rathod '983 discloses Gucci and profile, Rathod '665 discloses profile; these disclose set items Chaing, Fukuok, Hsieh, Kuroya, Morita, TAKEKAWA, TANIGAKI, URASAW, Papkoff [0063];
aa) Goldhaber shows profile control for content received or Not received
a) Jablokov, CHUAH 20060010240, Du, Arnold discloses relevant features for IMing and profile control/editing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARTHUR DURAN whose telephone number is (571)272-6718. The examiner can normally be reached Mon-Thurs, 7-5pm.
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.
/ARTHUR DURAN/Primary Examiner, Art Unit 3622 6/3/26
Prosecution Insights