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 .
Examiner’s Note
Claims 1-20 recite contingent limitations. Please refer to MPEP 2111.04 II. for the broadest reasonable interpretation of a method (or process) or a system (or apparatus or product) claim having contingent limitations. Also See Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016) for an analysis of contingent claim limitations in the context of both method claims and system claims….“if the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed” or “the broadcasts reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met…”
In addition, it is noted that non-functional descriptive material does not patentably distinguish over prior art that otherwise renders the claims unpatentable. See for example, MPEP 2111.05, MPEP 2112.01(III). See also In re Ngai, 367 F.3d 1336, 1339 (Fed. Cir. 2004); Exparte Nehls, 88 USPQ2d 1883, 1887-90 (BPAI 2008) (precedential) (discussing cases pertaining to non-functional descriptive material) see also BPAI’s decision in Appeal 2009-010851 (for Ser. No. 10/622,876) or BPAI’s decision in Appeal 2011-011929 (for Ser. No. 11/709,170), pages 6-7. In this case, a particular type of data such as “memo” could be considered as non-functional descriptive material and is not required to give patentable weight because the particular type of data do not functionally change the structure or operation of a system of selecting a personal account/profile of existing profiles/accounts to create a particular type of data and setting information for displaying a particular type of data based on the setting. …… the limitations “memo” is only given patentable weight of a type of data.
Although non-functional descriptive material is not required to be considered, all claim limitations including non-functional descriptive material are known by prior art as discussed below.
Claim Rejections - 35 USC § 112
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.
Claims 1-15 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.
Independent claim 1 (in line 8), independent claim 15 (in line 6) recites the limitation "the output setting information”. There is insufficient antecedent basis for these limitations in the claims.
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.
Claims 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Shimy et al. (US 20110069940) in view of Tatezono (US 20210048971).
Note: all documents that are directly or indirectly incorporated by references in their entireties in Shimy (see paragraphs 0039, 0041, 0045, 0047, 0072, 0078, 0125) including (corresponding to US 20100153885 – referred to as Yates), US 20050028208 (referred to as E208, which has Ser. No. 09356270 (corresponding to US20050262542 -hereinafter referred to as DeWeese) fully incorporated by reference (see E208: paragraph 0179), US 20020174430 (referred to as E430) are treated as part of the specification of Shimy (see for example, MPEP 2163.07 b).
Regarding claim 1, Shimy discloses a display device (user equipment – see include, but are not limited to, figure 3) comprising:
a display part displaying data (e.g., displaying 312 for displaying data – see include, but are not limited to, figures 3, 5-8, paragraphs 0061,0110);
a storage part storing the data (e.g., storage 308 for storing/saving the data – see include, but are not limited to, figures 3, 6-8, paragraphs 0048, 0055); and
a control part (e.g., processing circuitry 306 or processor) processing the data (see include, but are not limited to, figure 3, paragraphs 0048-0049),
wherein the control part,
if a personal account of a creator is selected from a list of registered
accounts, provides a personal data creation window corresponding to the personal account of the creator (if a personal account/user profile of a user is selected from a list of registered accounts/user profiles, provides a user data creation window/screen corresponding to the user/creator of the profile – see include, but are not limited to, Shimy: figures 5-8, 16, paragraphs 0043-0044, 0068, 0081, 0110-0114; Yates: figure 5; DeWeese: figures 4-8), if the personal data and the output setting information thereof are created through the personal data creation window, stores the created personal data and the output setting information thereof in the storage part (if the personal data of user profile and the output setting information are created through the user profile setting screen/configuration, stores/saves the created personal data and the output setting information in storage part 308 – see include, but are not limited to, Shimy: figures 5-8, 16, paragraphs 0043-0044, 0068, 0081, 0110-0114; Yates: figure 5; DeWeese: figures 4-8), and, if a condition satisfying the output setting information of the personal data is reached, outputs the stored personal data (if a condition user identifier, password, PIN, content rating, preference, etc. satisfying the output setting information of the personal data in user profile is reached/met, outputs the stored personal data or user preferences/customized data – see include, but are not limited to, – see include, but are not limited to, Shimy: figures 5-8, 11, 14-17, paragraphs 0042, 0045, 0068, 0084, 0110-0114, 0127; Yates: figures 4-6, paragraphs 0046, 0048; DeWeese: figure 9, paragraphs 0077, 0079, 0086; E208: paragraphs 0123-0126).
Shimy does not explicitly disclose the data comprises memo.
Additionally and/or alternatively, Tatezono discloses a display device (personal terminal 2 and/or content management server 6 – see figures 1, 4-5b, paragraph 30) comprising:
a display part displaying a memo (e.g., displaying part such as display 506/618 for displaying a memo, see include, but are not limited to, figures 4-5b, 8, 13-15, 19-21, paragraphs 0044, 0052, 0062, 0106-0107, 0110);
a storage part storing the memo (storage 608, 6000/2000 storing the memo – see include, but are not limited to, figures 4-5b, 13-15, paragraphs 0043, 0068, 0083, 0108, 0110); and
a control part (CPU/processor/control units) processing the memo (see figures 4-5b, paragraphs 0068, 0081-0082, 0107-0190),
wherein the control part,
if a personal account of a memo creator is selected from a list of registered accounts (if personal account/profile/memo of a memo user A is selected from a list of registered user such as user A, user B, user C, etc. is selected from a list of registered users – see include, but are not limited to, figures 1-2, 9, 16, 21, paragraphs 0043-0045, 0079, 0106-0108), provides a personal memo creation window corresponding to the personal account of the memo creator (provide a personal memo window corresponding to a personal memo/account/profile of a user for writing/editing a memo – see include, but are not limited to, figures 8, 10, 13-15, 19-20, paragraphs 0081, 0096, 0100-0101), if the personal memo and the information thereof are created through the personal memo creation window, stores the created personal memo and the information thereof in the storage part (if the personal memo and the information such as number of lines/memo size, memo amount, invitation, etc. written/edited/created through the personal creation window/interface, store the created personal memo and the information thereof in the storage part/database – see include, but are not limited to, figures 6A-7, paragraphs 0043, 0068, 0096, 0099, 0106-0108, 0110, 0140), and, if a condition satisfying the information of the personal memo is reached, outputs the stored personal memo (if a condition such as number of lines, memo size, user information, memo amount, etc. for a search/ranking is satisfying the information of number of lines, memo size, memo amount, etc. of the personal memo is reached/met, outputs the stored personal memo based on the search result/ranking – see include, but are not limited to, figures 8, 11-12, 14-20, paragraphs 0081, 0103, 0105, 0130, 0135, 0158).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shimy with the teaching that data comprises memo as taught by Tatezono in order to yield predictable result of allowing user to freely write (or fill in) a memo (paragraphs 0100, 0106-0107).
Regarding claim 2, Shimy in view of Tatezono discloses the display device of claim 1, wherein the control part, when providing the personal memo creation window, if a user input requesting the registered account list is received, controls the display part to display a registered account list window including pre-registered account information, and if the personal account of the memo creator is selected from the registered account list included in the registered account list window, provides a personal memo creation window corresponding to the personal account of the memo creator (if user selects/retrieve the registered profile list, display screen/window with existing profiles/names, if the user account/profile/name is selected from the list, provide window/information corresponding to the profile/account of the user/creator so the user/creator can view, modify, edit, or update information of the profile/account – see include, but are not limited to, Shimy: figures 5-8, 11, 14-17, paragraphs 0042, 0045, 0068, 0084, 0110-0114, 0127; Yates: figures 4-6, paragraphs 0046, 0048; DeWeese: figure 9, paragraphs 0077, 0079, 0086; E208: paragraphs 0123-0126; Tatezono: figures 2, 13-16, 21, paragraphs 0105-0108).
Regarding claim 3, Shimy in view of Tatezono discloses the display device of claim 1, wherein the control part,
when providing the personal memo creation window, if a pre-registered user-defined trigger word is input, identifies the user who has uttered the user-defined trigger word, extracts the personal account of the identified user from the pre-stored registered account list, and provides a personal memo creation window corresponding to the extracted personal account (when providing the user creation window, if a pre-registered/existing user words/name/id is input, recognize the user voice, extract the profile/account of the identified user from the existing profile list and providing a widow/screen/display corresponding to the identified user – see include, but are not limited to, Shimy: figures 6-9, 12-13, paragraphs 0043, 0050, 0057, 0110-0112; Yates: paragraphs 0034, 0134, 0141; DeWeese: figures 4-9, paragraphs 0091, 0105; Tatezono: figures 13-16).
Regarding claim 4, Shimy in view of Tatezono discloses the display device of claim 1, wherein the control part, when providing the personal memo creation window, includes a memo content field into which memo content is inserted and a memo output setting field into which memo output setting information is inserted (data/memo fields for editing/writing for inserting/entering the content and fields for providing output setting – see include, but are not limited to, Shimy: figures 6-8; DeWeese: figures 4-8; Tatezono: figures 13-17 and corresponding description of these figures).
Regarding claim 5, Shimy in view of Tatezono discloses display device of claim 4, wherein the control part, when providing the personal memo creation window, provides a guide message guiding that memo input is possible via voice or text, and if the user's voice or text input is received, inserts the user's memo content into the memo content field of the personal memo creation window (when creation window/screen is displayed, provide a guide message/instruction with field for possible memo inputting via voice or text, and if voice or text is received, inserting/writing the user’s content into the content field of creation window/screen– see include, but are not limited to, Shimy: figures 6-9, , paragraphs 0043, 0050, 0057, 0110-0112; Yates: figures 4-5, paragraphs 0034, 0134, 0141; DeWeese: figures 4-9, paragraphs 0091, 0105; Tatezono: figures 13-16).
Regarding claim 6, Shimy in view of Tatezono discloses the display device of claim 1, wherein the control part, when outputting the personal memo, checks the output setting information of the personal memo, and if the output setting information includes the personal account of the memo recipient, recognizes the personal account recognition of the memo recipient as a personal memo output condition, and if the personal account of the memo recipient is recognized in accordance with the personal memo output condition, outputs the personal memo (check the output setting information of personal memo/profile and if the output setting includes the profile of particular user, recognize/identify the user profile of the user as a personal output condition based on whether user is attendee of a room, group, whether the user is allowed to access the content, etc. and outputs the personal memo/data if the personal account/user profile is recognized and met the condition – see include, but are not limited to, Shimy: figures 6-8, paragraphs 0110-0114, 0124; DeWeese: figures 5-9; Tatezono: figures 4-5b, 13-15, 21, paragraphs 0103-0108).
Regarding claim 7, Shimy in view of Tatezono discloses the display of claim 1, wherein the control part, when outputting the personal memo, checks the output setting information of the personal memo, if the output setting information includes full account of the entire memo sharing, recognizes the full account recognition of the entire memo sharing as a personal memo output condition, and if any one account among the entire accounts of the entire memo sharing is recognized in accordance with the personal memo output condition, outputs the personal memo (check the output setting information of the personal data, if the output setting information including account/profile of data sharing, recognizes/identifies the profile of sharing with the group/room and output the personal data/memo for sharing if condition is met – see include, but are not limited to, Shimy: figures 6-14, paragraphs 0054, 0120, 0124, 0131, 0140,0157; E208: paragraphs 0204-0205; DeWeese: figures 5-14, paragraphs 0085, 0089; Tatezono: figures 11-15, 21, paragraphs 0039, 0042, 0103-0108, 0118).
See also Mushkatblat (US20120311635 with its fully incorporated by references including Ser. No. 11/317,911 (corresponding to US 20070157281) for teaching of sharing profile settings and personal data.
Regarding claim 8, Shimy in view of Tatezono discloses the display of claim 1, wherein the control part, when outputting the personal memo, checks the output setting information of the personal memo, and if the output setting information includes the personal account of the memo recipient and the memo feedback setting, recognizes the personal account recognition of the memo recipient and the addition of the memo feedback field as the personal memo output condition, and if the personal account of the memo recipient is recognized in accordance with the personal memo output condition, outputs the personal memo to which the memo feedback field is added (if the output setting information includes the personal account of the recipient/attendee or other users in group and the feedback setting, recognize the recipient/other users in the group and additional/update information, output personal data to which feedback/updated is added if profile of recipient/other user is recognize and condition is met - see include, but are not limited to, Shimy: figures 6-8, 14-17, paragraphs 0058, 0060, 0110-0114, 0122, 0124, 0127; E208: paragraphs 0161, 0204-0205; DeWeese: figures 5-14, paragraphs 0078-0079, 0083, 0085-0086, 0089, 0136-0137; Tatezono: figures 11-15, 19-21, paragraphs 0039, 0042, 0103-0108, 0118).
Regarding claim 9, Shimy in view of Tatezono discloses the display of claim 8, wherein the control part, if a request for feedback transmission is received by outputting a personal memo to which the memo feedback field is added and entering a reply from a memo recipient in the memo feedback field of the personal memo, stores the personal memo including the reply from the memo recipient in the storage part, and if the personal account of the memo creator is recognized, outputs the personal memo including the reply from the memo recipient (if a request for feedback, response to invitation or providing chat, editing, modifying, etc. is received by outputting a personal memo to which the feedback/chat/bank field is added and entering a reply/response/comment from a recipient of the personal memo/information, stores the personal memo/data including the reply/update or added comment/chat/feedback and output the personal data with the feedback/updated information if the personal account is recognized - see include, but are not limited to, Shimy: figures 6-8, 14-17, paragraphs 0058, 0060, 0110-0114, 0122, 0124, 0127; E208: paragraphs 0161, 0204-0205; DeWeese: figures 5-14, paragraphs 0078-0079, 0083, 0085-0086, 0089, 0136-0137; Tatezono: figures 11-15, 19-21, paragraphs 0039, 0042, 0103-0108, 0118).
Regarding claim 10, Shimy in view of Tatezono discloses the display of claim 1, wherein the control part, when outputting the personal memo, checks the output setting information of the personal memo, and if the output setting information includes the personal account of the memo recipient and the memo security setting (log in information, identifier, etc.), recognizes the personal account recognition of the memo recipient and the addition of a security notification message as a personal memo output condition, and if the personal account of the memo recipient is recognized in accordance with the personal memo output condition, outputs a security notification message having the password input field (password, PIN, log in input field), and if a password is entered in the password input field of the security notification message, outputs the personal memo (if the log in identifier, password, PIN matches with the existing information, output the personal data – see include, but are not limited to, Shimy: figures 6-9, paragraphs 0043, 081, 0087, 0110, 0114; Yates: paragraphs 0137; DeWeese: figures 4-5, 8, paragraphs 0079, 0084; E208: paragraphs 0099, 0120-0121; E430: paragraphs 0398-0402, 0405).
Regarding claim 11, Shimy in view of Tatezono discloses the display of claim 1, wherein the control part, when outputting the personal memo, checks the output setting information of the personal memo, and if the output setting information includes the personal account of the memo recipient and the memo security setting, recognizes the personal account recognition recognition and security recognition of the memo recipient as the personal memo output condition, and if the personal account of the memo recipient is recognized in accordance with the personal memo output condition, activates the camera and the microphone (activate camera and microphone to capture image and voice of user – see include, but are not limited to, Shimy: paragraph 0052; DeWeese: paragraphs 0066, 0105, 0109), and if analyzing at least one of the image acquired from the camera and the voice input from the microphone, and recognizing that only the memo recipient exists, outputs the personal memo (if analyzing at least one of voice recognition/voice signature and image captured by the camera/CMOS meet requirement for setting information, output the personal data - see include, but are not limited to, Shimy: figures 6-8, 14-17, paragraphs 0052, 0058, 0060, 0110-0114, 0122, 0124, 0127; Yates: paragraphs 0137; DeWeese: figures 4-5, 8-11, paragraphs 0066, 0079, 0084; E208: paragraphs 0099, 0108, 0120-0121; E430: paragraphs 0398-0402, 0405; Tatezono: figure 4, paragraphs 0058, 0060-0062).
Regarding claim 12, Shimy in view of Tatezono discloses the display of claim 1, wherein the control part, when outputting the personal memo, checks the output setting information of the personal memo, and if the output setting information includes a memo grouping setting (if setting is for a group or room – see include, but are not limited to, see Shimy: figures 5-9, paragraphs 0054, 0120, 0124; DeWeese: figures 4-8,13, paragraphs 0010, 0014-0015, 0085, 0087-0088; Tatezono: figures 13-15, 21), recognizes a plurality of accounts recognition of a memo sharer included in the memo group as a personal memo output condition, and if any one account among the plurality of accounts of a memo sharer included in the memo group is recognized in accordance with the personal memo output condition, outputs the personal memo (see include, but are not limited to, Shimy: figures 6-14, paragraphs 0054, 0120, 0124, 0131, 0140,0157; E208: paragraphs 0204-0205; DeWeese: figures 5-14, paragraphs 0085-0089; Tatezono: figures 11-15, 21, paragraphs 0039, 0042, 0103-0108, 0118).
Regarding claim 13, Shimy in view of Tatezono discloses the display of claim 1, wherein the control part, when outputting the personal memo, checks the output setting information of the personal memo, and if the output setting information includes the personal account of the memo recipient and the conversation message setting (conversation or chat or communication/exchange text, words, etc. – see include, but are not limited to, Shimy: paragraphs 0033, 0037; DeWeese: figures 1C, 1D, 9, 11, 16; Tatezono: figures 1, 9, 13-17, 31), recognizes the personal account recognition of the memo recipient and the addition of the conversation message input field as the personal memo output condition, and if the personal account of the memo recipient is recognized in accordance with the personal memo output condition, outputs the personal memo to which the conversation message input field is added (if the personal account/profile of recipient is recognized based in accordance with personal data output condition based on the setting, outputs the personal data with the conversation message/chat input field is added for displaying to the users in the group – see include, but are not limited to, Shimy: paragraphs 0033, 0037, 0121, 0124; DeWeese: figures 1C, 1D, 9, 11, 16; Tatezono: figures 1, 9, 13-17, 31).
Regarding claim 14, Shimy in view of Tatezono discloses the display of claim 1, wherein the control part, when outputting the personal memo, checks the output setting information of the personal memo, and if the output setting information includes a personal account of the memo recipient and a memo importance or urgency setting (important or urgency setting such as favorite, reminder, notification, alert, etc.), recognizes the voice recognition of the memo recipient (identify/recognize the voice recognition of the user/recipient based on the setting) and the addition of a memo importance or urgency notification message as a personal memo output condition, and when the display device is in an off or on state, if the voice of the memo recipient is recognized in accordance with the personal memo output condition, outputs the memo importance or urgency notification message, and if the display device is turned on, outputs the personal memo as text or voice (outputting notification, alert, reminder, favorite program, etc. either text on screen or audio based on identified user if the display is turned on to display the reminder, notification, message – see include, but are not limited to, Shimy: figures 5-9, 13-14, paragraphs 0011, 0082, 0100, 0105, 0110-0114, 0124, 0128, 0167 ; Yates: figures 4-7, paragraphs 0071, 0076-0077, 0079; DeWeese: paragraph 0116; E208: paragraphs 0024-0026, 0117-0118; Tatezono: figures 10-17, paragraphs 0131, 0158, 0160) .
Regarding claim 15, limitations of a method as claimed that correspond to the limitations of a display device as claimed in claim 1 are analyzed as discussed in the rejection of claim 1. Particularly, Shimy in view of Tatezono discloses a method for operating a display device for outputting a personal memo comprises:
a step of selecting a personal account of a memo creator from a list of registered accounts;
a step of providing a personal memo creation window corresponding to the personal account of the memo creator;
a step of checking whether a personal memo and the output setting information thereof are created through the personal memo creation window;
a step of storing the created personal memo and the output setting information thereof when the personal memo and the output setting information thereof are created;
a step of checking whether a condition satisfying the output setting information of the personal memo has arrived; and
a step of outputting the stored personal memo if a condition satisfying the output setting information of the personal memo has arrived (see similar discussion in the rejection of claim 1 and see include, but are not limited to, Shimy: figures 5-9, 11; Tatezono: figures 1-2, 13-15, 19-21).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Johnson et al. (US 20050076367) discloses system and method for creating user profile by selecting a profile from a list of existing profiles and copy features from the selected existing profile – see for example, figures 4-5).
Mushkatblat (US 20120311635) discloses systems and methods for sharing interactive media guidance information and selecting an account from a list of existing/registered accounts/profile and sharing the profiles (see figures 5-7b).
Taguchi (US 20220310038) discloses information processing system, method for displaying, storing and processing memo (see figures 8-17, 22a).
Korbecki (US 202002194482) discloses systems and method for presenting social network communication in audible form based on user engagement with the user device with Ser. No. 12565486 (corresponding to Shimy 20110069940) fully incorporated by reference (see paragraph 0044).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AN SON P HUYNH whose telephone number is (571)272-7295. The examiner can normally be reached 9:00 am-6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANH TUAN T. NGUYEN can be reached at 571-272-4963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AN SON P HUYNH/Primary Examiner, Art Unit 3795
September 1, 2026
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