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 .
Priority
This application claims priority as a CON of US Application No. 17/373,263 filed July 12, 2021 (now US Patent No. 12,380,489).
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d) to KR10-2020-0181102 filed December 22, 2020. The certified copy has been retrieved in the file as of July 27, 2025. Acknowledgement is also made of the certified copies filed in parent Application No. 17/373,263.
Claims Status
Claims 1-18 are pending and stand rejected.
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 1 and 3-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,380,489.
Regarding claim 1, Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of the instant application sets forth a scope that is substantively similar to that of claim 1 of the ‘489 patent such that the ‘489 patent anticipates the instant claim.
For example, with respect to claim 1 ‘489 teaches a method for selling products in a live content broadcast, using a first online platform that provides an online shopping mall and a second online platform, which is independent of the first online platform, that provides live content broadcasting, performed by one or more processors of a user terminal (claim 1, preamble), the method comprising:
acquiring, by the user terminal accessing the first online platform via the second online platform, information on a first set of products registered as products for sale of a user account associated with the user terminal of a seller from the first online platform (claim 1, col. 21 lines 8-12)
receiving from the seller, as a user input on a user interface of the user terminal of the seller, a selection of a second set of products from among the first set of products to sell in the live content broadcast on a second online platform different from the first online platform prior to the live content broadcast (claim 1, col. 21 lines 13-18);
registering, in response to the user input, the second set of products on the second online platform so that information on the second set of products is exposed on the live content broadcast screen conducted by the seller (claim 1, 19-23); and
starting the live content broadcast on the second online platform based on the second set of products (claim 1, col. 21 lines 29-30).
Regarding claims 3-18, although the claims at issue are not identical, they are not patentably distinct from each other because claims 3-18 the instant application set forth a scope that is substantively similar to that of claims 1-15 of the ‘489 such that the scope of the instant claims represents an obvious variation covering the same patentable invention. For example, ‘489 teaches:
3. The method according to claim 1, further comprising, in response to a selection of a first icon displayed on the user interface, displaying, on a display of the user terminal of the seller, information on the second set of products to sell in the live content broadcast, wherein the information on the second set of products includes a product name, a price, and a representative image of each of the second set of products (claim 3).
4. The method according to claim 3, wherein a second icon to start the live content broadcast from the seller is further displayed on the user interface (claim 2).
5. The method according to claim 1, further comprising: sorting and displaying the second set of products on the live content broadcast screen during the live content broadcast based on information on the quantity of sales of the second set of products during the live content broadcast (claim 1, col. 21 lines 31-35.
6. The method according to claim 1, wherein, in response to receiving a request on the user interface to start the live content broadcast from the seller, transmitting a video captured by an image sensor of the user terminal of the seller to the second external device (claim 2).
7. The method according to claim 1, further comprising:
receiving from the seller a selection of a third set of products to be fixedly exposed on the live content broadcast screen on the second online platform from among the second set of products; and displaying an image of a representative product of the third set of products in a designated area on the live content broadcast screen, wherein the representative product is set by the seller and an image of the representative product includes information on at least the representative product (claim 1, col. 21 lines 24-28 & 36-41).
8. The method according to claim 7, wherein the selection of the second set of products is received via a first user input on the user interface, and the selection of the third set of products is received via a second user input on the user interface (claim 1, col. 21 lines 13-18 & 24-28).
9. The method according to claim 8, further comprising, in response to receiving the second user input on the user interface, displaying a fixed exposure icon on the third set of products among the second set of products displayed on the display of the user terminal of the seller (claim 4).
10. The method according to claim 7, wherein at least one of a representative image, a product name, a price, or a discount rate for each of the third set of products is fixedly exposed on the live shopping broadcast screen (claim 10).
11. The method according to claim 10, wherein types of information on the third set of products fixedly exposed on the live shopping broadcast screen are determined based on a number of the products in the third set (claim 11).
12. The method according to claim 1, further comprising: after receiving a request on the user interface to start the live content broadcast from the seller, receiving from the seller a request on the user interface to change the products for sale; in response to receiving the request to change the products for sale, displaying information on the second set of products on a display of the user terminal of the seller; receiving from the seller a third user input on the user interface for removing at least one of the second set of products; and in response to receiving the third user input, displaying a fourth set of products on the display of the user terminal of the seller, wherein the fourth set of products are the second set of products from which at least one product has been removed (claim 5).
13. The method according to claim 1, further comprising: after receiving a request on the user interface to start the live content broadcast from the seller, receiving from the seller a request on the user interface to change the products for sale; in response to receiving the request to change the products for sale, displaying information on the second set of products on a display of the user terminal of the seller; receiving from the seller a request on the user interface to add products for sale; in response to receiving the request to add the products for sale, displaying information on the first set of products on the display of the user terminal of the seller; receiving from the seller, as a third user input on the user interface, a selection of products to additionally sell in the live content broadcast among the first set of products; and
in response to receiving the third user input, displaying a fourth set of products on the display of the user terminal of the seller, wherein the fourth set of products are the second set of products added with the products to additionally sell (claim 6).
14. The method according to claim 1, further comprising: after receiving a request on the user interface to start the live content broadcast from the seller, receiving from the seller a request to change the products for sale; receiving one or more images from an image sensor of the user terminal of the seller; and determining an order of displaying the second set of products on the display of the user terminal of the seller, based on a comparison result of representative images of the second set of products and the one or more images (claim 9).
15. The method according to claim 1, further comprising: after receiving a request on the user interface to start the live content broadcast from the seller, receiving sales quantity information for each of the second set of products from the first external device; and
displaying the sales quantity information for each of the received second set of products on a display of the user terminal of the seller (claim 13).
16. The method according to claim 1, further comprising: after receiving a request on the user interface to start the live shopping broadcast from the seller, and receiving from the seller a request to change the products for sale; receiving sales quantity information for each of the second set of products from the first external device; and determining an order of displaying the second set of products on a display of the user terminal of the seller, based on the sales quantity information for each of the second set of products (claim 13).
17. The method according to claim 1, further comprising: transmitting a request to schedule the live content broadcast to the second external device; and receiving a link associated with the scheduled live content broadcast from the second external device (claim 14).
18. The method according to claim 1, wherein an order of displaying the first set of products in an online store of the user account in the first online platform is changed based on at least one of the first user input or the second user input (claim 15).
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of the ‘489 patent as discussed above, in view of Evans (US 2020/0259876).
Regarding claim 2, ‘489 teaches all the above as noted but does not teach wherein the user account is used to log in to the second online platform. Techniques such as those for logging in were notoriously well-established in the art before the effective filing date of the invention.
For example, Evans teaches wherein the user account is used to log in to the second online platform (see: 0027, 0036).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of ‘489 by applying the known technique for logging in taught by Evans in order to have ensured secure access through the use of credentials to the platform and accounts of ‘489 (see: Evans: 0027).
Claim Rejections - 35 USC § 112(b)
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 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.
Regarding claim 1, claim 1 recites the live content broadcast screen. Though there is antecedent basis for the live content broadcast itself, there is no antecedent basis for the live content broadcast screen. Appropriate correction is required.
Claims 2-18 depend from claim 1 and are rejected therewith.
Regarding claim 6 and 15-17, claims 6 and 15-17 recite the following terms that lack antecedent basis:
Claim 6: the second external device.
Claim 15: the first external device
Claim 16: the first external device
Claim 17: the second external device
Each of these claims depends from claim 1, which does not recite either a first or a second external device. Appropriate correction is required.
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.
Claims 1-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (abstract idea) without significantly more.
Regarding claims 1-18, under Step 2A claims 1-18 recite a judicial exception (abstract idea) that is not integrated into a practical application and does not provide significantly more.
Under Step 2A (prong 1), and taking claim 1 as representative, claim 1 recites
a method for selling products in a live content broadcast, the method comprising:
acquiring information on a first set of products registered as products for sale of a user account associated with the user terminal of a seller from the first online platform;
receiving from the seller a selection of a second set of products from among the first set of products to sell in the live content broadcast on a second online platform different from the first online platform prior to the live content broadcast;
registering, in response to the user input, the second set of products so that information on the second set of products is exposed on the live content broadcast conducted by the seller; and
starting the live content broadcast based on the second set of products.
These limitations recite ‘certain methods of organizing human activity’, such as by performing commercial interactions and/or fundamental economic principals or practices (see: MPEP 2106.04(a)(2)(II)). This is because claim 1 sets forth or describes the process for selling products in a live content broadcast. This represents the performance of marketing or sales activities or behaviors, which is a commercial interaction and falls under organizing human activity. This also describes concepts relating to the economy and commerce that represent fundamental economic practices, which also fall under organizing human activity.
Accordingly, under step 2A (prong 1) claim 1 recites an abstract idea because claim 1 recites limitations that fall within the “Certain methods of organizing human activity” grouping of abstract ideas.
Under Step 2A (prong 2), the abstract idea is not integrated into a practical application. The Examiner acknowledges that representative claim 1 does recite additional elements, including:
a first online platform that provides an online shopping mall,
a second online platform which is independent of the first online platform, that provides live content broadcasting,
one or more processors of a user terminal,
as a user input on a user interface of the user terminal of the seller, and,
a live content broadcast screen.
Although reciting these additional elements, taken alone or in combination these elements are not sufficient to integrate the abstract idea into a practical application. This is because the additional elements of claim 1 are recited at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than the mere instructions to implement or apply the abstract idea on generic computing hardware (or, merely uses a computer as a tool to perform an abstract idea). Further, the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use (such as the Internet or computing networks).
Secondly, the additional elements are insufficient to integrate the abstract idea into a practical application because the claim fails to (i) reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, (ii) implement the judicial exception with, or use the judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim, (iii) effect a transformation or reduction of a particular article to a different state or thing, or (iv) applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment.
In view of the above, under Step 2A (prong 2), claim 1 does not integrate the recited exception into a practical application.
Under Step 2B, examiners should evaluate additional elements individually and in combination to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). In this case, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Returning to representative claim 1, taken individually or as a whole the additional elements of claim 1 do not provide an inventive concept (i.e. they do not amount to “significantly more” than the exception itself). As discussed above with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed process amount to no more the mere instructions to implement or apply the abstract idea on generic computing hardware (or, merely uses a computer as a tool to perform an abstract idea). Further, the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use (such as the Internet or computing networks).
Even considered as an ordered combination (as a whole), the additional elements of claim 1 do not add anything further than when they are considered individually, and do not provide “significantly more” than applying the abstract idea using generic computers within a networked environment. Accordingly, representative claim 1 does not provide an inventive concept (“significantly more”) under Step 2B, and is therefore ineligible for patenting.
Regarding dependent claims 2-18, dependent claims 2-18 recite more complexities descriptive of the abstract idea itself, and at least inherit the abstract idea of claim 1. As such, claims 2-18 are understood to recite an abstract idea under step 2A (prong 1) for at least similar reasons as discussed above.
Under prong 2 of step 2A, the additional elements of dependent claims *** also do not integrate the abstract idea into a practical application, considered both individually or as a whole. More specifically, further additional elements such as a log in to (claim 2), first icon (claim 3), second icon (claim 4), an image sensor (claim 6, 14), fixed exposure icon (claim 9), a link (claim 17), an an online store of the user account (claim 18) are recited only at a high level of generality (i.e. as generic computing hardware) such that they amount to nothing more than the mere instructions to implement or apply the abstract idea on generic computing hardware (or, merely uses a computer as a tool to perform an abstract idea). Further, the additional elements do no more than generally link the use of a judicial exception to a particular technological environment or field of use (such as the Internet or computing networks).
Lastly, under step 2B, claims 2-18 also fail to result in “significantly more” than the abstract idea under step 2B. This is again because the claims merely apply the exception on generic computing hardware, and generally link the exception to a technological environment. Even when viewed as an ordered combination (as a whole), the additional elements of the dependent claims do not add anything further than when they are considered individually. In view of the above, claims 2-18 do not provide an inventive concept (“significantly more”) under Step 2B, and are therefore ineligible for patenting.
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.
Claim(s) 1, 3-4, 6, 12-13 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gupta (US 11,100,554) in view of Devoy (US 2022/0191594).
Regarding claim 1, Gupta teaches a method for selling products using a first online platform that provides an online shopping mall and a second online platform, which is independent of the first online platform, performed by one or more processors of a user terminal (see: abstract, Fig. 2, Fig. 4), the method comprising:
Note: online shopping mall is used synonymously with “online sales platform” (e.g., Specification: 0051, 0090). The term “mall” only occurs in the preamble without further limitation. Accordingly, online shopping mall is understood to correspond to any type online shopping platform.
acquiring, by the user terminal accessing the first online platform (e.g., Fig. 2 (210)) via the second online platform (e.g., Fig. 2 (202)), information on a first set of products registered as products for sale of a user account associated with the user terminal of a seller from the first online platform (see: col. 11 46-59, col. 13 lines 32-37, col. 17 lines 41-46).
Note: the merchant data sources (Fig. 2 #210) act as data sources for the thematic landing pages service. The merchant data sources (which includes merchant site #212) are connected over the Internet (e.g., #204) and represents a first online platform, including an online sales platform. A page editor interface enables a merchant user (i.e., seller) to create curated landing pages comprising products to be displayed for sale online, curated from a merchant feed comprising the merchant’s product/service catalog (i.e., products for sale of a user account associated with the user terminal of a seller from the first online platform).
receiving from the seller, as a user input on a user interface of the user terminal of the seller, a selection of a second set of products from among the first set of products to sell on a second online platform (e.g., Fig. 2 (202), different from the first online platform (see: col. 2 lines 51-54, col. 7 lines 51-57, col. 16 lines 11-17, col. 10 lines 7-10, col. 10 lines Fig. 2 (202), Fig. 5 (506-508), Fig. 7-10);
Note: The merchant data sources (which includes merchant site 212) is connected over the Internet (e.g., 204) and represents a first online platform, including an online sales platform. The thematic landing page system (i.e., second online platform), which is in communication with the merchant data sources 204, retrieves the thematic landing pages from a page store and returns the page to the browser of the requesting user. The thematic landing page system thereby represents a second platform through which products are sold, and which differs from the first platform (merchant site 206).
registering, in response to the user input, the second set of products on the second online platform so that information on the second set of products is exposed (see: Fig. 5 (502 & 508), col. 22 lines 10-23, Fig. 6, col. 26 lines 61-67).
Though disclosing the above, Gupta does not teach:
selling products in a live content broadcast,
a second online platform that provides live content broadcasting
that the selection of the are to sell in the live content broadcast and selected prior to the live content broadcast
exposing the products on the live content broadcast screen conducted by the seller, and,
starting the live content broadcast on the second online platform based on the second set of products.
Notably, Gupta disclose various aspects of the claimed invention with respect to standard online sales platforms such as web pages, but does not disclose them with respect to live content broadcasts while also disclosing provisioning the landing pages through various channels including social media (see: col. 5 lines 41-44, col. 7 lines 40-43).
One of ordinary skill in the art would have understood that live broadcasts were well-known before the effective filing date of invention. Furthermore, one of ordinary skill in the art, before, the effective filing date of the inventio, would have recognized that social media channels often employed such live content broadcasts.
Lastly, Gupta also suggest aspects related to enabling purchases, including purchases through the online sales platform and adding items to a cart for purchase (e.g., col. 4 lines 47-50, col. 13 line 3).
To this accord, Devoy discloses a method for selling products via a live broadcast through social media services, the method including:
receiving a selection of a second set of products to sell in the live content broadcast prior to the live content broadcast (see: 0031 (the host user 104 may select a set of items and associated purchase prices and descriptive information that will be discussed and available for purchase during the live stream event), 0058, 0073 (host user 104 may make item selections, add items to the event, remove items from the event), Fig. 2, Fig. 10 #1006),
exposing the selected products during the live content broadcast on a live broadcasting screen to enable selling products in a live content broadcast (see:: 0061 (comments area may present…the item (e.g., the eyebrow pencil)), Fig. 4, 0067 (item highlight area 808 may display an item or collection that the host user has highlighted or selected to be displayed during the live stream event), Fig. 8 #808);
where the second online platform (e.g., social networking system) provides live content broadcasting (see: 0018, 0021, Fig. 1 #106 & 114, Fig. 4-8, Fig. 10), and,
starting the live content broadcast on the second online platform based on the second set of products (see: Fig. 10 #1012-1014, 0033, 0063, 0065, 0067, Fig. 5-6, Fig. 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Gupta to have utilized the known live broadcast technique of Devoy, both of which offer shopping functionality through social media channels, in order to have utilized social networking channels to more effectively promote products, items, and merchandise by providing users with functionality to consume interactive and educational live content as part of the shopping experience (see: Devoy: 0017-0019), thereby enhancing the experience of the users.
3. The method according to claim 1, further comprising, in response to a selection of a first icon displayed on the user interface, displaying, on a display of the user terminal of the seller, information on the second set of products to sell in the live content broadcast, wherein the information on the second set of products includes a product name, a price, and a representative image of each of the second set of products (see: Devoy: Fig. 2, 0031, 0058).
4. The method according to claim 3, wherein a second icon to start the live content broadcast from the seller is further displayed on the user interface (see: Devoy: 0059, 0076-0077, Fig. 10 #1012-1014, Fig. 14 #1408, 0113).
6. The method according to claim 1, wherein, in response to receiving a request on the user interface to start the live content broadcast from the seller, transmitting a video captured by an image sensor of the user terminal of the seller to the second external device (see: Devoy: 0059, 0076-0077, Fig. 10 #1012-1014, Fig. 14 #1408, 0113).
12. The method according to claim 1, further comprising:
after receiving a request on the user interface to start the live content broadcast from the seller, receiving from the seller a request on the user interface to change the products for sale (see: see: Devoy: 0022 (add and/or remove items from the shopping interface during the live stream event), 0027 (live stream component 114 may allow the user 104 hosting the live stream event to…add and remove items from the shopping interface), 0031 (host user 104 may also generate a list of additional items…that may be added to the shopping interface during the live stream event, even if the additional items are not discussed during the live stream event)));
in response to receiving the request to change the products for sale, displaying information on the second set of products on the display of the user terminal of the seller (see: Devoy: 0022, 0027, 0031, 0081, Fig. 11 #1104-1106;);
Note: Devoy discloses requesting modification to the items during the live stream and employs the same process for selecting items before initiation of the live stream as after (e.g., 0063, 0065, 00067, Fig. 10 #1104, Fig. 2). Further, Devoy expressly discloses displaying information on the second set of products during the live stream to enable further selection (e.g., 0081, Fig. 11 #1106).
receiving from the seller a third user input for removing at least one of the second set of products (see: Devoy: 0022 (select the item to be removed from the shopping interface while the stream is active), 0027 (remove items from the shopping interface), 0073; Gupta: Fig. 9 #902, col. 18 lines 60-63, col. 28 lines 4-19); and
in response to receiving the third user input, displaying a fourth set of products on the display of the user terminal of the seller, wherein the fourth set of products are the second set of products from which at least one product has been removed (see: 0022 (select the item to be removed from the shopping interface while the stream is active), 0027 (remove items from the shopping interface), Fig. 11).
Note: the items are added and/or removed in the shopping interface during the live stream (i.e., the modified set (fourth set) is displayed in the shopping interface (the display). Further, Fig. 11 of Devoy demonstrates real-time modification to the stream after initiation of the live stream (e.g., #1108-1110).
13. The method according to claim 1, further comprising:
after receiving a request on the user interface to start the live content broadcast from the seller, receiving from the seller a request on the user interface to change the products for sale (see: see: Devoy: 0022 (add and/or remove items from the shopping interface during the live stream event), 0027 (live stream component 114 may allow the user 104 hosting the live stream event to…add and remove items from the shopping interface), 0031 (host user 104 may also generate a list of additional items…that may be added to the shopping interface during the live stream event, even if the additional items are not discussed during the live stream event)));
in response to receiving the request to change the products for sale, displaying information on the second set of products on a display of the user terminal of the seller (see: Devoy: 0022, 0027, 0031, 0081, Fig. 11 #1104-1106;);
Note: Devoy discloses requesting modification to the items during the live stream and employs the same process for selecting items before initiation of the live stream as after (e.g., 0063, 0065, 00067, Fig. 10 #1104, Fig. 2). Further, Devoy expressly discloses displaying information on the second set of products during the live stream to enable further selection (e.g., 0081, Fig. 11 #1106).
(see: Devoy: 0022 (add and/or remove items from the shopping interface during the live stream event), 0027 (live stream component 114 may allow the user 104 hosting the live stream event to…add and remove items from the shopping interface), 0031 (host user 104 may also generate a list of additional items…that may be added to the shopping interface during the live stream event, even if the additional items are not discussed during the live stream event));
in response to receiving the request to add the products for sale, displaying information on the first set of products on the display of the user terminal of the seller (see: Devoy: 0022, 0027, 0031; Gupta: col. 7 lines 51-57, col. 16 lines 13-17, col. 17 lines 46-55, col. 18 lines 4-7, col. 18 line 30 & 60-63, Fig. 7, Fig. 9);
Note: Devoy requests the addition of items during the live stream. Gupta expressly discloses displaying a first set of automatically populated products (i.e., a first set of products), and performing edits/modifications relative to the first set. This includes adding items as part of curation process of Gupta (e.g., col. 7 lines 51-57, col. 18 line 30 & 60-63)
receiving from the user, as a third user input, a selection of products to additionally sell in the live content broadcast among the first set of products (see: Devoy: 0022, 0031, Fig. 2, Fig. 10 #1004; Gupta: col. 7 lines 51-57, col. 16 lines 13-17, col. col. 18 line 30 & 60-63); and
Note: Devoy discloses requesting modification to the items during the live stream and employs the same process for selecting items (e.g., for addition) before initiation of the live stream as after (e.g., Fig. 10 #1104, Fig. 2). Gupta discloses selections relative to a first set of products.
in response to receiving the third user input, displaying a fourth set of products on the display of the user terminal of the seller, wherein the fourth set of products are the second set of products added with the products to additionally sell (see: 0022 (select the item to be removed from the shopping interface while the stream is active), 0027 (remove items from the shopping interface), Fig. 11).
Note: the items are added in the shopping interface during the live stream (i.e., the modified set (fifth set) is displayed in the shopping interface (the display). Further, Fig. 11 of Devoy demonstrates real-time modification to the stream after initiation of the live stream (e.g., #1108-1110).
17. The method according to claim 2, further comprising: transmitting a request to schedule the live content broadcast to the second external device (see: Devoy: Fig. 10 #1002-1004, 0072-0073, 0079-0080); and
receiving a link associated with the scheduled live content broadcast from the second external device (see: Fig. 10 #1010, 0075).
18. The method according to claim 1, wherein an order of displaying the first set of products in an online store of the user account in the first online platform is changed based on at least one of the first user input or the second user input (see: Gupta: col. 7 lines 52-57, col. 16 lines 14-17, col. 28 lines 25-30 (ordering rules)).
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta in view of Devoy as applied to claim 1 above, and further in view of Evans (US 2020/0259876).
Regarding claim 2, Gupta in view of Devoy teaches all the above as noted but does not teach wherein the user account is used to log in to the second online platform. Devoy does disclose user account information (e.g., 0047, Fig. 4 (JaneCosmetics)), and techniques such as those for logging in were notoriously well-established in the art before the effective filing date of the invention.
For example, Evans teaches wherein the user account is used to log in to the second online platform (see: 0027, 0036).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Gupta in view of Devoy by applying the known technique for logging in taught by Evans in order to have ensured secure access through the use of credentials to the platform and accounts of Gupta and Devoy (see: Evans: 0027).
Claim(s) 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Gupta in view of Devoy as applied to claim 1 above, and further in view of Kumar (US 2019/0287125).
Regarding claim 7, Gupta in view of Devoy teaches all of the above including receiving from the seller a selection of a third set of products to be fixedly exposed on the live content broadcast screen on the second online platform from among the second set of products (see: Gupta: Fig. 10 #1002 (Product locking and refreshing), col. 27 lines 30-31, col. 28 lines 20-54, Fig. 7 (lock icon), Fig. 9 (lock icon on ‘Artisan Jean, Dark Indigo’, no lock icon on other selected items); Devoy: Fig. 2 (Tag), Fig. 4, Fig. 8);
Note: Applicant’s specification states that fixedly exposed “may refer to certain information being displayed on a fixed area of a display (e.g., a display of a smartphone, a display of a tablet, and the like) without being occluded by other contents” (see 0048).
displaying an image of a representative product of the third set of products in a designated area on the live content broadcast screen (see: Devoy: Fig. 2, 0031, 0058),
and an image of the representative product includes information on at least the representative product (see: Devoy: Fig. 2, 0031, 0058).
Gupta in view of Devoy, however, does not teach wherein the representative product is set by the seller.
To this accord, Kumar teaches an item setup interface that enables a merchant (seller) to add an image that is representative of the particular item (see: 0106, 0135, Fig. 7 (710)), and thus teaches wherein the representative product is set by the seller.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Gupta in view of Devoy to have used the known technique for setting representative images as taught by Kumar in order to have provided an interface that more readily enabled sellers to set up appropriate product information, such as representative image, price or other aspects (see: Kumar: 0106)
8. The method according to claim 7, wherein the selection of the second set of products is received via a first user input on the user interface, and the selection of the third set of products is received via a second user input on the user interface (see: Gupta: Fig. 10 #1002 (Product locking and refreshing), col. 27 lines 30-31, col. 28 lines 20-54, Fig. 7 (lock icon), Fig. 9 (lock icon on ‘Artisan Jean, Dark Indigo’, no lock icon on other selected items); Devoy: Fig. 2 (Tag)).
9. The method according to claim 8, further comprising, in response to receiving the second user input on the user interface, displaying a fixed exposure icon on the third set of products among the second set of products displayed on the display of the user terminal of the seller (see: Devoy: Fig. 2 (Tag); Gupta: Fig. 7 (lock icon), Fig. 9 (lock icon on ‘Artisan Jean, Dark Indigo’, no lock icon on other selected items)).).
10. The method according to claim 7, wherein at least one of a representative image, a product name, a price, or a discount rate for each of the third set of products is fixedly exposed on the live shopping broadcast screen (see: Devoy: Fig. 2, Fig. 5-6, Fig. 8).
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta in view of Devoy and Kumar as applied to claim 7 and 10 above, and in further view of Samuel (US 11,200,740)
Regarding claim 11, Gupta in view of Devoy teaches all of the above as noted but does not disclose wherein types of information on the third set of products fixedly exposed on the live shopping broadcast screen are determined based on a number of the products in the third set.
To this accord, Samuel discloses wherein types of information for a set of items to be displayed on a shopping interface are determined based on a number of the products in a set (e.g., a set of results) (see: col. 2 lines 22-29, col. 5 lines 4-Fig. 2B (before user input 124(3), Fig), such as by enabling exclusion of certain data types (e.g. non-image data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Gupta in view of Devoy and Kumar to have utilized the known technique for providing product information as taught by Samuel in order to have allowed a shopping user to have benefited from the presentation of a smaller amount of content and better facilitate user understanding of available items in cases where a user is accessing product information using a mobile device or other device having limited display area (see: Samuel” abstract, col. 1 lines 35-37).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta in view of Devoy as applied to claim 1 above, and further in view of Feinstein (US 8,682,739).
Regarding claim 14, Gupta in view of Devoy discloses all of the above as noted as well as after receiving a request to start the live content broadcast from the seller, receiving from the seller a request to change the products for sale (see: Devoy: 0022 (add and/or remove items from the shopping interface during the live stream event), 0027 (live stream component 114 may allow the user 104 hosting the live stream event to…add and remove items from the shopping interface), 0031 (host user 104 may also generate a list of additional items…that may be added to the shopping interface during the live stream event, even if the additional items are not discussed during the live stream event)), and,
receiving one or more images from an image sensor of the user termina of the seller (see: Devoy: 0059, 0076-0077, Fig. 10 #1012-1014, Fig. 14 #1408, 0113).
The combination, however, does not disclose determining an order of displaying the second set of products on the display of the user terminal of the seller, based on a comparison result of representative images of the second set of products and the one or more images.
To this accord, Feinstein discloses a method of purchasing products featured in a video including determining an order (e.g., rank – see: col. 6 lines 51-67, col. 8 lines 4-7, col. 9 lines 15-24, Fig. 6 #607) of displaying products displayed within the video based on a comparison result of representative images (e.g., imagery associated with a product, etc.) of the products within the video and the one or more images (e.g., video, extracted video frames) (see: Fig. 7 #705-707, col. 4 lines 22-25, col. 5 lines 37-47, col. 9 line 46-59). That is, Feinstein ranks the identified products according to prominence based on the image analysis/object recognition.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Gupta in view of Devoy to have utilized the product ranking (ordering) technique taught by Feinstein in order to have provided relevant product hyperlinks for products featured in the video based upon the prominence of the products in the video (see: Feinstein: col. 1 lines 14-16, col. 9 lines 22-24).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta in view of Devoy as applied to claim 1 above, and further in view of Li (US 2022/0070514).
Regarding claim 15, Gupta in view of Devoy discloses all of the above as noted but does not disclose after receiving a request to start the live content broadcast from the seller, receiving sales quantity information for each of the second set of products from the first external device; and
displaying the sales quantity information for each of the received second set of products on a display of the user terminal of the seller.
To this accord, and in the field of live stream shopping, Li discloses a method for adding a listing of items for sale on the fly during a live video stream (see: 0004, Fig. 5) including after receiving a request to start the live content broadcast from the user, receiving sales quantity information for each of a set of products for sale from the first external device (see: 0007 (listing information may include an item name, price and inventory (i.e. quantity available for purchase)), 0043); and
displaying the sales quantity information for each of the set of products for sale on a display of the user termina of the seller (see: 0045 (overlay inventory indicator that displays the initial amount (“1”) of headphones in the host's possession that are available for purchase), 0049 (overlay inventory indicator 506 maintains the current number of headphones still available for purchase), Fig. 8 #704, Fig. 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Gupta in view of Devoy to have utilized the known technique for receiving and overlaying quantity information during a live stream as taught by Li in order to have generated and displayed quantity information at any time during the live video stream to provide a viewers with a visual cue of the quantity available and whether the host has additional items being offered for sale (see: Li: 0052), thereby improving the experience of the viewers of Devoy.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Gupta in view of Devoy as applied to claim 1 above, and further in view of Li and Kajamohideen (US 2012/0259687 A1).
Regarding claim 16, Gupta in view of Devoy discloses all of the above as noted including after receiving a request to start the live shopping broadcast from the seller, and receiving from the seller a request to change the products for sale (see: see: Devoy: 0022 (add and/or remove items from the shopping interface during the live stream event), 0027 (live stream component 114 may allow the user 104 hosting the live stream event to…add and remove items from the shopping interface), 0031 (host user 104 may also generate a list of additional items…that may be added to the shopping interface during the live stream event, even if the additional items are not discussed during the live stream event))). The combination, however, does not disclose:
receiving sales quantity information for each of the second set of products from the first external device; and
determining an order of displaying the second set of products on a display of the user terminal of the seller, based on the sales quantity information for each of the second set of products.
To this accord, and in the field of live stream shopping, Li discloses a method for adding a listing of items for sale on the fly during a live video stream (see: 0004, Fig. 5) including after receiving a request to start the live content broadcast from the user, receiving sales quantity information for each of a set of products for sale from the first external device (see: 0007 (listing information may include an item name, price and inventory (i.e. quantity available for purchase)), 0043).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Gupta in view of Devoy to have utilized the known technique for receiving and overlaying quantity information during a live stream as taught by Li in order to have generated and displayed quantity information at any time during the live video stream to provide a viewers with a visual cue of the quantity available and whether the host has additional items being offered for sale (see: Li: 0052), thereby improving the experience of the viewers of Devoy.
Lastly, Kajamohideen discloses a method for display of merchandise online including an inventory module for monitoring inventory information (see: 0031) that determines…an order of displaying the items based on the sales quantity information, such as by ranking items (for display) in such a way that those items that are not sold out presented over those that are sold out (see: 0032).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the invention of Gupta in view of Devoy and Li to have utilized the known technique of ordering items as taught Kajamohideen in order to have ensured proper rotation of items for display based on inventory status (see: Kajamohideen: 0032).
Subject Matter Allowable Over the Prior Art
Claim 5 remains rejected on other grounds, but is objected to as being dependent upon a rejected base claim and would be allowable over the prior art (only) if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Both Gupta and Devoy fail to disclose receiving sales quantity information, as discussed in reference to e.g., claims 15-16. Furthermore, although Devoy discloses representative images of products (e.g., Fig. 2, 0031, 0058), neither Gupta nor Devoy disclose that a representative product of the third set of products is set by the seller.
While Li may remedy certain deficiencies of Gupta and Devoy by disclosing sales quantity information (e.g., 0007, 0043), Li is silent with respect to sorting and displaying the second set of products on the live content broadcast screen during the live content broadcast based on information on the quantity of sales of the second set of products during the live content broadcast.
Importantly, the final clause also helps to distinguish from claim 16 and Kajamohideen, which teaches determining…an order of displaying the items based on the sales quantity information, such as by ranking items (for display) in such a way that those items that are not sold out presented over those that are sold out (see: 0032). While demonstrating this known technique, Kajamohideen is silent with respect to any type of broadcasting or live streaming, and for sorting and displaying that is based on the quantity of sales of the second set of products during the live content broadcast – i.e., the sales quantity information is specific to the sales occurring during the live content broadcast (see also: Specification, 0074, 0095-0096).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Khan (US 2021/0065236) discloses generating advertising content by pairing brands and influencers through brand portals and influencer portals for providing in video purchases (see: abstract, 0011, 0022-0024, Fig. 2, 0036).
Bowyer (US 2020/0315322) discloses beauty product configuration by a social media influencer for sharing on social media channels (see: 0029, 0032, 0074-0076).
Bellora (US 2015/0154687) discloses a merchant user interface whereby a merchant can publish a plurality of merchandise items in an associated merchant catalog, providing a merchant order interface whereby the merchant can review approved purchase orders, providing a reseller user interface whereby a reseller can review merchant catalogs (see: 0007, Fig. 3-5).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM J ALLEN whose telephone number is (571)272-1443. The examiner can normally be reached Monday-Friday, 8:00-4:00.
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WILLIAM J. ALLEN
Primary Examiner
Art Unit 3625
/WILLIAM J ALLEN/Primary Examiner, Art Unit 3619
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