Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Detailed Action
This communication is in response to the application filed on 05/14/2025 in which Claims 1-20 are presented for examination.
Drawings
The applicant’s drawings submitted on 05/14/2025 are acceptable for examination purposes.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of US patent No. 12335324.
Claims 1-20 recite similar limitations as claims 1-20 of US No. 12335324 as follows:
Instant application
US patent No. 12335324
Claim 1. A method comprising :generating, by a network platform, a slide show comprising media items, the media items comprising user-submitted media items selected for sharing by at least one of a plurality of user devices; causing, on a first user device of the plurality of user devices, presentation of the slide show; receiving, from the first user device, a filtered media item as a submission to the slide show; updating, by the network platform, the slide show to display the filtered media item appended to the slide show; and transmitting, by the network platform, the updated slide show to a second user device of the plurality of user devices.
Claim 11 and 20.
Claim 1 A method comprising: generating, by a network platform, a slide show comprising media items appended in an order based on timestamps, the media items comprising user-submitted media items selected for sharing by a plurality of user devices; causing, on a first user device of the plurality of user devices, presentation of the slide show; causing, on a second user device of the plurality of user devices, presentation of the slide show; receiving, from the second user device, an additional media item as a submission to the slide show, the additional media item being generated and annotated with an annotation by the second user device; updating, by the network platform, the slide show to display the additional media item appended after the media items based on the order of timestamps, the user-submitted media items and the additional media item being automatically annotated in the slide show with a user interface tag; and transmitting, by the network platform, the updated slide show, including the user-submitted media items and the additional media item to one or more of the plurality of user devices.
Claims 11 and 20.
The table above shows that, although the corresponding claims are directed to different statutory categories, the US patent No. 12335324 implemented on a computer would render the claims in the instant application obvious.
It is clearly obvious that the (US patent No. 12335324) substantially discloses the subject matter of claim 1 of the instant Application.
The Applicant merely broadens the scope of the instant application by deleting a few elements from the (US patent No. 12335324).
This is an obviousness-type double patenting rejection.
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 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 of this title, 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, 5-11, 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over King US 20030203731 A1, in view of Svendsen (U.S. 20130097282 A1).
As to claim 1, King teaches a method comprising: generating, by a network platform, a slide show comprising media items (King Pa. [0095]) [whether the subscriber has paid for "real-time" slide show service at a step 2606. The real-time slide show service preferably provides real-time, or at least current, information according to a category selected by a user as described above] [0073] [a user can select various content for slide shows accessible by a user, and shown according to options selected in FIG. 9-L] [0005] [enable the transfer of new types of data, such as pictures or photographs (read media items)], the media items comprising user-submitted media items selected for sharing by at least one of a plurality of user devices (King Pa. [0073]) [the user could select to display text with pictures in the slide show, display individual pictures for a user-selectable period of time, to display a slide show for a user-selectable period, to display a slide show until it is complete…Like screensavers of FIGS. 9-I and 9-J, these slide shows of FIGS. 9-K and 9-L preferably provide advanced picture content and associated information with the picture files of the slide show]; causing, on a first user device of the plurality of user devices, presentation of the slide show (King Pa. [0079]) [If new advanced picture content is available, the new advanced picture content is downloaded to the user at a step 1008. The new advanced picture content could be downloaded directly to the wireless communication device, or could be provided to the user's website, and subsequently provided to the wireless communication device after a synchronization as is described in this disclosure]
It is noted that King does not appear explicitly disclose receiving, from the first user device, a filtered media item as a submission to the slide show; updating, by the network platform, the slide show to display the filtered media item appended to the slide show; and transmitting, by the network platform, the updated slide show to a second user device of the plurality of user devices.
However, Svendsen discloses receiving, from the first user device, a filtered media item (Svendsen Pa. [0033]) [provides graphical user interfaces (GUIs) and related systems for a peer device to provide user preferences and profile information used to filter media item recommendations] as a submission to the slide show (Svendsen Pa. [0034]) [Another of the GUIs may display a media item playlist containing a preference scoring column to allow the user to display and sort media recommendations on the GUI by preference score]; updating, by the network platform, the slide show to display the filtered media item appended to the slide show; and transmitting, by the network platform, the updated slide show to a second user device of the plurality of user devices (Svendsen, claim 25]) [automatically adding the media item to a pre-existing list of media items, to provide an updated list of media items; automatically selecting a media item to play on the user device from the updated list of media items based on user preferences]
Thus, at the time of the invention, it would have been recognized by one of ordinary skill in the art that applying the known technique taught by Svendsen to the real-time slide show system of King would have yield predictable results and resulted in an improved system, namely, a system that would use preferences and profile to filter media item recommendations received by the peer device (Svendsen Pa. [0002])
As to claim 5, King teaches wherein the media items are annotated with media information, wherein the slide slow displays the media items annotated with media information (King Pa. [0038]) [providing location-based information to a wireless communication device according to the present invention]
As to claim 6, the combination King and Svendsen teaches wherein the filtered media item is submitted to the slide show by the first user device using a user interface element displayed on the first user device (Svendsen Pa. [0033]) [provides graphical user interfaces (GUIs) and related systems for a peer device to provide user preferences and profile information used to filter media item recommendations] (Svendsen Pa. [0034]) [Another of the GUIs may display a media item playlist containing a preference scoring column to allow the user to display and sort media recommendations on the GUI by preference score]
Thus, at the time of the invention, it would have been recognized by one of ordinary skill in the art that applying the known technique taught by Svendsen to the real-time slide show system of King would have yield predictable results and resulted in an improved system, namely, a system that would use preferences and profile to filter media item recommendations received by the peer device (Svendsen Pa. [0002])
As to claim 7, the combination King and Svendsen teaches wherein the network platform annotates the filtered media item by overlaying a content of a user interface tag on the filtered media item (King Pa. [0076]) [If the end of the advanced picture content file is reached, additional advanced picture content files could be displayed according to the present invention]
As to claim 8, the combination King and Svendsen teaches wherein the user interface tag comprises one or more characters of text, a timestamp, or a comment (King Pa. [0073]) [the user could select to display text with pictures in the slide show]
As to claim 9, the combination King and Svendsen teaches wherein the slide show comprises a real-time slide show (King Pa. [0037]) [providing real time slide show content to a wireless communication device according to the present invention]
As to claim 10, the combination King and Svendsen teaches wherein the network platform is a social network site (Svendsen claim 24) [plurality of friends from the social network]
Thus, at the time of the invention, it would have been recognized by one of ordinary skill in the art that applying the known technique taught by Svendsen to the real-time slide show system of King would have yield predictable results and resulted in an improved system, namely, a system that would use preferences and profile to filter media item recommendations received by the peer device (Svendsen Pa. [0002])
As to claims 11 and 20, claims 11 and 20 recite respectively the claimed that contain similar limitations as claim 1; therefore, they are rejected under the same rationale.
As to claims 15-19, claims 15-19 recite respectively the claimed that contain similar limitations as claims 5-9; therefore, they are rejected under the same rationale.
Allowable Subject Matter
Claims 2-4, 12-14 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVANS DESROSIERS whose telephone number is (571)270-5438. The examiner can normally be reached Monday -Friday 8:00 am - 5:30 pm.
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/EVANS DESROSIERS/Primary Examiner, Art Unit 2491
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