Prosecution Insights
Last updated: October 23, 2026
Application No. 19/228,479

METHOD AND APPARATUS FOR INTERACTION IN A LIVE STREAMING, DEVICE, AND MEDIUM

Non-Final OA §102§103
Filed
Jun 04, 2025
Priority
Jun 06, 2024 — CN 202410733546.1
Examiner
ALCON, FERNANDO
Art Unit
2425
Tech Center
2400 — Computer Networks
Assignee
Beijing Zitiao Network Technology Co., Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
557 granted / 755 resolved
+15.8% vs TC avg
Moderate +8% lift
Without
With
+7.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
8 currently pending
Career history
772
Total Applications
across all art units

Statute-Specific Performance

§101
5.3%
-34.7% vs TC avg
§103
62.2%
+22.2% vs TC avg
§102
13.7%
-26.3% vs TC avg
§112
8.8%
-31.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 755 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1, 4-5, 8, 11-12, 15, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tao (CN 113225607 A). References to Tao are made with respect to the English translation made of record. Regarding claim 1, 8, and 15, Tao discloses a method, an electronic device, and a non-transitory computer-readable storage medium, storing a computer program for interaction in a live streaming, comprising: displaying, in response to a sending operation on a target virtual resource on a live streaming interface, at least one display change type corresponding to the target virtual resource (“the viewer can present virtual gift to the presenter through the viewer terminal, the virtual gift can be displayed on the live broadcast room interface of the presenter terminal and live broadcast room interface of each audience terminal, so as to realize the gift interaction between live broadcast room. when the virtual gift of the live webcast room is too much, it is easy to cause the virtual gift to quickly and frequently change the display interface, affecting the visual experience”); obtaining, in response to a selecting operation on a target display change type in the at least one display change type, a display change policy (“the value of the gifts, the multi-standard behaviour and so on, grading the , ordering and displaying. can customize a plurality of display policy, and according to the data flow in the preset time from a plurality of display policy to select the corresponding target display policy, to filter or delete part of virtual gift data, so as to reduce the number of virtual gift data to be displayed, so as to solve the problem that the virtual gift is too fast and frequently changed on the display interface.”) and current association information corresponding to the target display change type (“selecting the target display strategy from a plurality of preset display strategies according to the data flow; wherein the plurality of preset display policy comprises: First Display Strategy: for from the gift queue filter the gift type is the main gift type, the first gift type, the second gift type or the gift type of the virtual gift data; Second Display Strategy: for from the gift queue filter the gift type is the main gift type, the virtual gift data of the second gift type or the third type, and deleting the virtual gift data of the first type; Third Display Strategy: for virtual gift filter of the gift type is the main state gift type or the third gift type from the gift queue, and deleting the virtual gift data of the gift type and the second type of the gift and the fourth display strategy: for virtual gift filter of the gift type is the main state gift type from the gift queue, and deleting the first gift type, virtual gift data of the second gift type and the third type gift”); and sending the target virtual resource to a user in the live streaming, and displaying the target virtual resource on the live streaming interface based on the display change policy according to the current association information of the target display change type (“the viewer can present virtual gift to the presenter through the viewer terminal, the virtual gift can be displayed on the live broadcast room interface of the presenter terminal and live broadcast room interface of each audience terminal, so as to realize the gift interaction between live broadcast room. ” see also “ the gift attribute and type as the filter, to classify the virtual gift data, so that the target audience terminal can according to the gift type of each virtual gift data,” and “In this embodiment, by configuring a plurality of preset display strategy, so as to according to each preset display strategy from the gift queue filter a plurality of target virtual gift data, and deleting the virtual gift data in the gift queue is not selected, reducing the virtual gift data value is low; improving the display time of the continuous shooting strip corresponding to the virtual gift data with higher audience attention, so as to improve the interactive effect of the audience in the target direct broadcasting room.” See also“In an exemplary embodiment, as shown in FIG. 6, the live broadcast room gift display method further may include step S600 to step S602, wherein: step S600, detecting whether the number of virtual gift data in the waiting queue is greater than the target preset threshold value; step S602, if the number of virtual gift data in the waiting queue is not greater than the target preset threshold value, then executing the first display strategy. In this embodiment, if the number of the virtual gift data in the waiting queue is not greater than the target preset threshold value, then it indicates that the current to be displayed virtual gift or number of number less, there is no problem of virtual gift or frequent occurrence of the continuous striking strip; at this time, the virtual gift data in the gift queue is added to the waiting queue, ensuring the data integrity when the target direct broadcasting room is less.”). Regarding claim 4, 11, and 18 Tao further discloses the method according to claim 1, wherein the display change policy is configured to set a display attribute of the target virtual resource corresponding to at least one piece of association information of each display change type (“ the gift attribute and type as the filter, to classify the virtual gift data, so that the target audience terminal can according to the gift type of each virtual gift data,” and “In this embodiment, by configuring a plurality of preset display strategy, so as to according to each preset display strategy from the gift queue filter a plurality of target virtual gift data, and deleting the virtual gift data in the gift queue is not selected, reducing the virtual gift data value is low; improving the display time of the continuous shooting strip corresponding to the virtual gift data with higher audience attention, so as to improve the interactive effect of the audience in the target direct broadcasting room.”). Regarding claim 5, 12, and 19, Tao further discloses the method according to claim 4, wherein displaying the target virtual resource on the live streaming interface of a current client side based on the display change policy according to the current association information of the target display change type comprises: searching in the display change policy according to the current association information of the target display change type, and extracting a current display attribute of a target virtual resource corresponding to the current association information; and displaying the target virtual resource according to the current display attribute (See “ the gift attribute and type as the filter, to classify the virtual gift data, so that the target audience terminal can according to the gift type of each virtual gift data,” and plurality of preset display policy comprises: First Display Strategy: for from the gift queue filter the gift type is the main gift type, the first gift type, the second gift type or the gift type of the virtual gift data; Second Display Strategy: for from the gift queue filter the gift type is the main gift type, the virtual gift data of the second gift type or the third type, and deleting the virtual gift data of the first type; Third Display Strategy: for virtual gift filter of the gift type is the main state gift type or the third gift type from the gift queue, and deleting the virtual gift data of the gift type and the second type of the gift and the fourth display strategy: for virtual gift filter of the gift type is the main state gift type from the gift queue, and deleting the first gift type, virtual gift data of the second gift type and the third type gift”). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 2-3, 9-10, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tao (CN 113225607 A) in view of Kakuschke et al. (US 2019/0313146 A1). Regarding claim 2, 9, and 16 Tao discloses the method according to claim 1, but does not explicitly disclose wherein the display change type comprises at least one of the following: time, relation information between a viewer user and a streamer user, live streaming information of the streamer user, and randomization. Kakuschke discloses that it was known to apply a display changing filter policy according a user being a streamer (See [0048] applying filters to a streamer vs [0012-0013] a user applying a filter to their own image). Prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the known system of Tao with the known methods of Kakuschke predictably resulting in relation information between a viewer user and a streamer user, live streaming information of the streamer user by applying the court recognized rational of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The modification would have the benefit of allowing a limited supply of display time and area to be allocated for display effects as suggested by Kakuschke. Regarding claim 3, 10, and 17, Tao and Kakuschke further disclose 3, the method according to claim 2, wherein in a case that the target display change type is the time, the current association information is a time point at which the sending operation on the target virtual resource is performed; in a case that the target display change type is the relation information between the viewer user and the streamer user, the current association information comprises a current attribute value of a current viewer user to the streamer user, and/or current subscription information of the current viewer user to the streamer user; and in a case that the target display change type is the live streaming information of the streamer user, the current association information is current live streaming data of the streamer user ( See Kakuschke [0048] applying filters to a streamer vs [0012-0013] a user applying a filter to their own image. Changing a view type based on a user being a streamer vs a viewer). Claim(s) 6, 13, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tao (CN 113225607 A) in view of Xu (US 2024/0080504 A1). Regarding claim 6, 13, and 20, Tao discloses the method according to claim 5, but does not explicitly disclose further comprising: increasing, in response to the current display attribute being a preset attribute, an attribute value of a current user to a streamer user, and/or preset live streaming data of the streamer user. Xu discloses that it was known to determine preset live streaming data of a streamer user (See [0058-059]). Prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the known system of Tao with the known methods of Xu predictably resulting in increasing, in response to the current display attribute being a preset attribute, an attribute value of a current user to a streamer user, and/or preset live streaming data of the streamer user by applying the court recognized rational of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The modification would have the benefit of determine live streamer preferences as suggested by Xu. Claim(s) 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tao (CN 113225607 A) in view of Su et al. (US 2023/0267894 A1). Regarding claim 7 and 14, Tao discloses the method according to claim 4, but does not explicitly disclose wherein the display attribute of the target virtual resource comprises at least one of the following: color, transparency, brightness, or display style of at least one sub-area. Su discloses that it was known to apply display rules with respect to a size, font, accessory, color (See [0081] [0084] [0095]). Prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the known system of Tao with the known methods of Su predictably resulting in the display attribute of the target virtual resource comprises at least one of the following: color, transparency, brightness, or display style of at least one sub-area by applying the court recognized rational of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The modification would have the benefit of controlling a display virtual resources according to preset rules as suggested by Su. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO ALCON whose telephone number is (571)270-5668. The examiner can normally be reached Monday-Friday, 9:00am-7:00pm. 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, Brian Pendleton can be reached at (571)272-7527. 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. FERNANDO . ALCON Examiner Art Unit 2425 /FERNANDO ALCON/Primary Examiner, Art Unit 2425
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Prosecution Timeline

Jun 04, 2025
Application Filed
Sep 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
82%
With Interview (+7.8%)
2y 8m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 755 resolved cases by this examiner. Grant probability derived from career allowance rate.

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