DETAILED ACTION
This office action is responsive to application 19/301,681 filed on August 15, 2025. Claims 1-20 are pending in the application and have been examined by the Examiner.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed on August 15, 2025 was received and has been considered by the Examiner.
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 § 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.
Claims 1, 2, 8-10 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Furue et al. (US 2024/0094020) in view of Social Nation (“Here’s how users can modify Snapchat+ Capture Button”) and Drummond et al. (US 2021/0406543).
Consider claim 1, Furue et al. teaches:
A device (user terminal device, 13, figures 1 and 12) comprising:
a processor (control unit, 87, figure 12, paragraph 0152); and
a memory (recording unit, 82, paragraph 0147) storing instructions that, when executed by the processor (87), configure the processor (87) to perform operations (“the control unit 87 executes an application program recorded in the recording unit 82, to perform various types of processing related to the image-capturing service” paragraph 0152) comprising:
displaying a second user interface (see figure 6) for presenting real-time image data captured by a camera (“a captured image being currently actually captured by the image-capturing device 11 is displayed in an image display region R31 on an upper side of the image-capturing screen in the figure” paragraph 0092), the second user interface (see figure 6) including the shutter button (B11) which is user-selectable to initiate video recording in response to second user input (“When the user presses the image-capturing button B11 to instruct image-capturing start, a captured image is actually captured by the image-capturing device 11 for a certain period of time and stored the captured image in the server 12.”, paragraph 0094); and
replacing, upon detecting the second user input in association with the shutter button (B11), display of the shutter button with a capture button for replacing display of the shutter button during video recording (A shutter button (B11) is displayed, paragraph 0094. During video recording the shutter button (B11) is replaced with a capture button (B11) which includes a different color (e.g. red) or a text message “RECORDING”, paragraph 0095, figure 6.),
providing, upon detecting the second user input in association with the shutter button, plural indications within the second user interface that video recording is active, by replacing a first set of interface elements within the second user interface with a second set of interface elements within the second user interface (During video recording the shutter button (B11) is replaced with a capture button (B11) which includes a different color (e.g. red) and/or a text message “RECORDING”, paragraph 0095, figure 6. Additionally, a “remaining time of the image capturing” may be displayed, paragraph 0096.)
wherein the display of the shutter button is replaced by display of the selected capture button for a duration of the video recording, wherein the plural indications are provided for the duration of the video recording (See figure 6, paragraphs 0095-0097. The shutter button is replaced with the capture button until the image-capturing button (B11) is used for instructing image-capturing end.).
However, Furue et al. does not explicitly teach displaying a first user interface for user selection of the capture button from among plural available capture buttons.
Social Nation similarly teaches a capture button (“capture button”, pages 1, 4 and 5).
However, Social Nation further teaches displaying a first user interface for user selection of the capture button from among plural available capture buttons (see the user interface on page 5); receiving, via the first user interface, user input provided by the user, the user input selecting the capture button from among the plural available capture buttons (“Step 5: Tap a capture button choice to choose it.” Pages 4 and 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the capture button taught by Furue et al. be chosen by the user via a first interface as taught by Social Nation for the benefit of enhancing a user experience by providing the user with a premium feature (Social Nation, page 1).
However, the combination of Furue et al. and Social Nation does not explicitly teach that video recording is performed via a press-and-hold gesture.
Drummond et al. similarly teaches a user interface (figure 7A) with a shutter button (714, paragraph 0127), and further teaches that video recording is performed via a press-and-hold gesture of the shutter button (714, see paragraph 0127).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the second user input taught by the combination of Furue et al. and Social Nation comprise a press-and-hold gesture for recording video as taught by Drummond et al. as this only involves a simple substitution of one known element (i.e. the press-and hold gesture taught by Drummond et al.) for another (i.e. the consecutive presses of the shutter button taught by Furue et al.) to obtain predictable results such as enabling a user to determine when a video recording begins and ends.
Consider claim 2, and as applied to claim 1 above, Furue et al. does not explicitly teach determining that a user of an application has access to exclusive features within the application, the exclusive features including customizing the capture button.
Social Nation further teaches determining that a user of an application has access to exclusive features within the application (“If you have a Snapchat+ subscription”, page 1), the exclusive features including customizing the capture button (i.e. via the user interface on page 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the customization of the capture button taught by the combination of Furue et al., Social Nation and Drummond et al. include determining that a user of an application has access to exclusive features within the application as taught by Social Nation for the benefit of enhancing a user experience by providing the user with a premium feature (Social Nation, page 1).
Consider claim 8, and as applied to claim 1 above, the combination of Furue et al. and Social Nation does not explicitly teach that the shutter button is user-selectable to take a picture in response to third user input comprising a tap gesture.
Drummond et al. similarly teaches a user interface (figure 7A) with a shutter button (714, paragraph 0127), and further teaches that the shutter button is user-selectable to take a picture in response to third user input comprising a tap gesture (“User selection of the shutter button 714 provides for generating a media content item which includes an image (e.g., in response to a press/tap gesture of the shutter button 714)” paragraph 0127).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have shutter button taught by the combination of Furue et al. and Social Nation be user-selectable to take a picture in response to third user input comprising a tap gesture as taught by Drummond et al. as this only involves combining prior art elements according to known methods to yield predictable results such as enabling a user to selectively capture a still image.
Claim 9 recites a method having similar scope and content to claim 1, and is thus rejected under the same rationale (see claim 1 above).
Consider claim 10, and as applied to claim 9 above, Furue et al. does not explicitly teach determining that a user of an application has access to exclusive features within the application, the exclusive features including customizing the capture button.
Social Nation further teaches determining that a user of an application has access to exclusive features within the application (“If you have a Snapchat+ subscription”, page 1), the exclusive features including customizing the capture button (i.e. via the user interface on page 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the customization of the capture button taught by the combination of Furue et al., Social Nation and Drummond et al. include determining that a user of an application has access to exclusive features within the application as taught by Social Nation for the benefit of enhancing a user experience by providing the user with a premium feature (Social Nation, page 1).
Consider claim 16, and as applied to claim 9 above, the combination of Furue et al. and Social Nation does not explicitly teach that the shutter button is user-selectable to take a picture in response to third user input comprising a tap gesture.
Drummond et al. similarly teaches a user interface (figure 7A) with a shutter button (714, paragraph 0127), and further teaches that the shutter button is user-selectable to take a picture in response to third user input comprising a tap gesture (“User selection of the shutter button 714 provides for generating a media content item which includes an image (e.g., in response to a press/tap gesture of the shutter button 714)” paragraph 0127).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have shutter button taught by the combination of Furue et al. and Social Nation be user-selectable to take a picture in response to third user input comprising a tap gesture as taught by Drummond et al. as this only involves combining prior art elements according to known methods to yield predictable results such as enabling a user to selectively capture a still image.
Consider claim 17, Furue et al. teaches a non-transitory computer-readable storage medium (recording unit, 82, paragraph 0147), the computer-readable storage medium including instructions that when executed by a computer, cause the computer to perform operations (“the control unit 87 executes an application program recorded in the recording unit 82, to perform various types of processing related to the image-capturing service” paragraph 0152). The rest of claim 17 recites a method having similar scope and content to claim 1 and is thus rejected under the same rationale (see claim 1 rationale).
Consider claim 18, and as applied to claim 17 above, Furue et al. does not explicitly teach determining that a user of an application has access to exclusive features within the application, the exclusive features including customizing the capture button.
Social Nation further teaches determining that a user of an application has access to exclusive features within the application (“If you have a Snapchat+ subscription”, page 1), the exclusive features including customizing the capture button (i.e. via the user interface on page 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the customization of the capture button taught by the combination of Furue et al., Social Nation and Drummond et al. include determining that a user of an application has access to exclusive features within the application as taught by Social Nation for the benefit of enhancing a user experience by providing the user with a premium feature (Social Nation, page 1).
Claims 3, 6, 11, 14 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Furue et al. (US 2024/0094020) in view of Social Nation (“Here’s how users can modify Snapchat+ Capture Button”) and Drummond et al. (US 2021/0406543), as applied to claims 1 and 9 above, and further in view of Kim et al. (US 2018/0302568).
Considers claims 3, 11 and 19, and as applied to claims 1, 9 and 17 above, the combination of Furue et al., Social Nation and Drummond et al. does not explicitly teach that the plural available capture buttons include animated buttons.
Kim et al. similarly teaches displaying a shutter button (photographing floating button, 605, figure 11, paragraph 0253) and subsequently displaying a plurality of capture buttons (continuous-photographing button, 1120, moving-image filming floating button, 1130, figure 11, paragraphs 0318-0322).
However, Kim et al. additionally teaches that the plural available capture buttons include animated buttons (“provide animation effects”, paragraph 0323).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the plural available capture buttons taught by the combination of Furue et al., Social Nation and Drummond et al. include animated buttons as taught by Kim et al. for the benefit of aiding the user in recognizing the buttons (Kim et al., paragraph 0313).
Consider claims 6 and 14, and as applied to claims 1 and 9 above, the combination of Furue et al., Social Nation and Drummond et al. does not explicitly teach that the second set of interface elements comprises an animated icon within the second user interface.
Kim et al. similarly teaches displaying a shutter button (photographing floating button, 605, figure 11, paragraph 0253) and subsequently displaying a plurality of capture buttons (continuous-photographing button, 1120, moving-image filming floating button, 1130, figure 11, paragraphs 0318-0322).
However, Kim et al. additionally teaches that the plural available capture buttons include animated icons (“provide animation effects”, paragraph 0323).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the second set of interface elements taught by the combination of Furue et al., Social Nation and Drummond et al. include an animated icon as taught by Kim et al. for the benefit of aiding the user in recognizing the buttons (Kim et al., paragraph 0313).
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, 4, 9, 12, 17 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5 and 16 of U.S. Patent No. 12,432,441. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 4, 9, 12, 17 and 20 are anticipated by claims 5 and 16 of US 12,432,441 as follows:
Consider claim 1, claim 5 of US 12,432,441 teaches (in parentheses):
A device comprising: (A device comprising:)
at least one processor; (a processor;) and
a memory storing instructions that, when executed by the at least one processor, configure the processor to perform operations comprising: (a memory storing instructions that, when executed by the processor, configure the processor to perform operations comprising:)
displaying a first user interface for user selection of a capture button from among plural available capture buttons, the capture button for replacing display of a shutter button during video recording; (displaying a first user interface for user selection of a capture button from among plural available capture buttons, the capture button for replacing display of a shutter button during video recording;)
receiving, via the first user interface, user input provided by the user, the user input selecting the capture button from among the plural available capture buttons; (receiving, via the first user interface, user input provided by the user, the user input selecting the capture button from among the plural available capture buttons;)
displaying a second user interface for presenting real-time image data captured by a camera, the second user interface including the shutter button which is user-selectable to initiate video recording in response to second user input; (displaying a second user interface for presenting real-time image data captured by a camera, the second user interface including the shutter button which is user-selectable to initiate video recording in response to second user input;) and
replacing, upon detecting the second user input in association with the shutter button, display of the shutter button with the selected capture button; (replacing, upon detecting the second user input in association with the shutter button, display of the shutter button with the selected capture button;) and
providing, upon detecting the second user input in association with the shutter button, plural indications within the second user interface that video recording is active, by replacing a first set of interface elements within the second user interface with a second set of interface elements within the second user interface, (providing, upon detecting the second user input in association with the shutter button, plural indications within the second user interface that video recording is active, by replacing a first set of interface elements within the second user interface with a second set of interface elements within the second user interface)
wherein the second user input comprises a press-and-hold gesture, (the second user input comprises a press-and-hold gesture)
wherein display of the shutter button is replaced by display of the selected capture button for a duration of the press-and-hold gesture (wherein display of the shutter button is replaced by display of the selected capture button for a duration of the press-and-hold gesture), and
wherein the plural indications are provided for the duration of the press-and-hold gesture (wherein the plural indications are provided for the duration of the press-and-hold gesture).
Consider claim 4, claim 5 of US 12,432,441 teaches (in parentheses):
the first set of interface elements comprises at least one of a profile button for surfacing a user profile, a search button for performing various types of searches within an application, a memories button for accessing saved media content items, a carousel button for activating a carousel interface to switch between augmented reality content items, a toolbar for activating a flash for the camera or for switching between front and rear facing cameras, or a tab bar for navigating between tabs of the application (the first set of interface elements comprises at least one of a profile button for surfacing a user profile, a search button for performing various types of searches within an application, a memories button for accessing saved media content items, a carousel button for activating a carousel interface to switch between augmented reality content items, a toolbar for activating a flash for the camera or for switching between front and rear facing cameras, or a tab bar for navigating between tabs of the application).
Consider claim 9, claim 16 of US 12,432,441 teaches (in parentheses):
A method comprising: (A method, comprising:)
displaying a first user interface for user selection of a capture button from among plural available capture buttons, the capture button for replacing display of a shutter button during video recording; (displaying a first user interface for user selection of a capture button from among plural available capture buttons, the capture button for replacing display of a shutter button during video recording;)
receiving, via the first user interface, user input provided by the user, the user input selecting the capture button from among the plural available capture buttons; (receiving, via the first user interface, user input provided by the user, the user input selecting the capture button from among the plural available capture buttons;)
displaying a second user interface for presenting real-time image data captured by a camera, the second user interface including the shutter button which is user-selectable to initiate video recording in response to second user input; (displaying a second user interface for presenting real-time image data captured by a camera, the second user interface including the shutter button which is user-selectable to initiate video recording in response to second user input;) and
replacing, upon detecting the second user input in association with the shutter button, display of the shutter button with the selected capture button; (replacing, upon detecting the second user input in association with the shutter button, display of the shutter button with the selected capture button;) and
providing, upon detecting the second user input in association with the shutter button, plural indications within the second user interface that video recording is active, by replacing a first set of interface elements within the second user interface with a second set of interface elements within the second user interface, (providing, upon detecting the second user input in association with the shutter button, plural indications within the second user interface that video recording is active, by replacing a first set of interface elements within the second user interface with a second set of interface elements within the second user interface)
wherein the second user input comprises a press-and-hold gesture, (the second user input comprises a press-and-hold gesture)
wherein display of the shutter button is replaced by display of the selected capture button for a duration of the press-and-hold gesture (wherein display of the shutter button is replaced by display of the selected capture button for a duration of the press-and-hold gesture), and
wherein the plural indications are provided for the duration of the press-and-hold gesture (wherein the plural indications are provided for the duration of the press-and-hold gesture).
Consider claim 12, claim 16 of US 12,432,441 teaches (in parentheses):
the first set of interface elements comprises at least one of a profile button for surfacing a user profile, a search button for performing various types of searches within an application, a memories button for accessing saved media content items, a carousel button for activating a carousel interface to switch between augmented reality content items, a toolbar for activating a flash for the camera or for switching between front and rear facing cameras, or a tab bar for navigating between tabs of the application (the first set of interface elements comprises at least one of a profile button for surfacing a user profile, a search button for performing various types of searches within an application, a memories button for accessing saved media content items, a carousel button for activating a carousel interface to switch between augmented reality content items, a toolbar for activating a flash for the camera or for switching between front and rear facing cameras, or a tab bar for navigating between tabs of the application).
Consider claim 17, claim 5 of US 12,432,441 teaches (in parentheses):
A non-transitory computer-readable storage medium, the computer-readable storage medium including instructions that when executed by a computer, cause the computer to perform operations comprising: (a memory storing instructions that, when executed by the processor, configure the processor to perform operations comprising:)
displaying a first user interface for user selection of a capture button from among plural available capture buttons, the capture button for replacing display of a shutter button during video recording; (displaying a first user interface for user selection of a capture button from among plural available capture buttons, the capture button for replacing display of a shutter button during video recording;)
receiving, via the first user interface, user input provided by the user, the user input selecting the capture button from among the plural available capture buttons; (receiving, via the first user interface, user input provided by the user, the user input selecting the capture button from among the plural available capture buttons;)
displaying a second user interface for presenting real-time image data captured by a camera, the second user interface including the shutter button which is user-selectable to initiate video recording in response to second user input; (displaying a second user interface for presenting real-time image data captured by a camera, the second user interface including the shutter button which is user-selectable to initiate video recording in response to second user input;) and
replacing, upon detecting the second user input in association with the shutter button, display of the shutter button with the selected capture button; (replacing, upon detecting the second user input in association with the shutter button, display of the shutter button with the selected capture button;) and
providing, upon detecting the second user input in association with the shutter button, plural indications within the second user interface that video recording is active, by replacing a first set of interface elements within the second user interface with a second set of interface elements within the second user interface, (providing, upon detecting the second user input in association with the shutter button, plural indications within the second user interface that video recording is active, by replacing a first set of interface elements within the second user interface with a second set of interface elements within the second user interface)
wherein the second user input comprises a press-and-hold gesture, (the second user input comprises a press-and-hold gesture)
wherein display of the shutter button is replaced by display of the selected capture button for a duration of the press-and-hold gesture (wherein display of the shutter button is replaced by display of the selected capture button for a duration of the press-and-hold gesture), and
wherein the plural indications are provided for the duration of the press-and-hold gesture (wherein the plural indications are provided for the duration of the press-and-hold gesture).
Consider claim 20, claim 5 of US 12,432,441 teaches (in parentheses):
the first set of interface elements comprises at least one of a profile button for surfacing a user profile, a search button for performing various types of searches within an application, a memories button for accessing saved media content items, a carousel button for activating a carousel interface to switch between augmented reality content items, a toolbar for activating a flash for the camera or for switching between front and rear facing cameras, or a tab bar for navigating between tabs of the application (the first set of interface elements comprises at least one of a profile button for surfacing a user profile, a search button for performing various types of searches within an application, a memories button for accessing saved media content items, a carousel button for activating a carousel interface to switch between augmented reality content items, a toolbar for activating a flash for the camera or for switching between front and rear facing cameras, or a tab bar for navigating between tabs of the application).
Claims 2, 10 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5 and 16 of U.S. Patent No. 12,432,441 in view of Social Nation (“Here’s how users can modify Snapchat+ Capture Button”).
Consider claim 2, claim 5 of US 12,432,441 does not explicitly teach determining that a user of an application has access to exclusive features within the application, the exclusive features including customizing the capture button.
Social Nation further teaches determining that a user of an application has access to exclusive features within the application (“If you have a Snapchat+ subscription”, page 1), the exclusive features including customizing the capture button (i.e. via the user interface on page 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the customization of the capture button taught by claim 5 of US 12,432,441 include determining that a user of an application has access to exclusive features within the application as taught by Social Nation for the benefit of enhancing a user experience by providing the user with a premium feature (Social Nation, page 1).
Consider claim 10, claim 16 of US 12,432,441 does not explicitly teach determining that a user of an application has access to exclusive features within the application, the exclusive features including customizing the capture button.
Social Nation further teaches determining that a user of an application has access to exclusive features within the application (“If you have a Snapchat+ subscription”, page 1), the exclusive features including customizing the capture button (i.e. via the user interface on page 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the customization of the capture button taught by claim 16 of US 12,432,441 include determining that a user of an application has access to exclusive features within the application as taught by Social Nation for the benefit of enhancing a user experience by providing the user with a premium feature (Social Nation, page 1).
Consider claim 18, claim 5 of US 12,432,441 does not explicitly teach determining that a user of an application has access to exclusive features within the application, the exclusive features including customizing the capture button.
Social Nation further teaches determining that a user of an application has access to exclusive features within the application (“If you have a Snapchat+ subscription”, page 1), the exclusive features including customizing the capture button (i.e. via the user interface on page 5).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the customization of the capture button taught by claim 5 of US 12,432,441 include determining that a user of an application has access to exclusive features within the application as taught by Social Nation for the benefit of enhancing a user experience by providing the user with a premium feature (Social Nation, page 1).
Claims 3, 6, 11, 14 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5 and 16 of U.S. Patent No. 12,432,441 in view of Kim et al. (US 2018/0302568).
Considers claims 3, 11 and 19, claims 5 and 16 of US 12,432,441 do not explicitly teach that the plural available capture buttons include animated buttons.
Kim et al. similarly teaches displaying a shutter button (photographing floating button, 605, figure 11, paragraph 0253) and subsequently displaying a plurality of capture buttons (continuous-photographing button, 1120, moving-image filming floating button, 1130, figure 11, paragraphs 0318-0322).
However, Kim et al. additionally teaches that the plural available capture buttons include animated buttons (“provide animation effects”, paragraph 0323).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the plural available capture buttons taught by claims 3, 11 and 19 include animated buttons as taught by Kim et al. for the benefit of aiding the user in recognizing the buttons (Kim et al., paragraph 0313).
Consider claims 6 and 14, claims 5 and 16 of US 12,432,441 do not explicitly teach that the second set of interface elements comprises an animated icon within the second user interface.
Kim et al. similarly teaches displaying a shutter button (photographing floating button, 605, figure 11, paragraph 0253) and subsequently displaying a plurality of capture buttons (continuous-photographing button, 1120, moving-image filming floating button, 1130, figure 11, paragraphs 0318-0322).
However, Kim et al. additionally teaches that the plural available capture buttons include animated icons (“provide animation effects”, paragraph 0323).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the second set of interface elements taught by claims 5 and 16 of US 12,432,441 include an animated icon as taught by Kim et al. for the benefit of aiding the user in recognizing the buttons (Kim et al., paragraph 0313).
Claims 8 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 5 and 16 of U.S. Patent No. 12,432,441 in view of Drummond et al. (US 2021/0406543).
Consider claim 8, claim 5 of US 12,432,441 does not explicitly teach that the shutter button is user-selectable to take a picture in response to third user input comprising a tap gesture.
Drummond et al. similarly teaches a user interface (figure 7A) with a shutter button (714, paragraph 0127), and further teaches that the shutter button is user-selectable to take a picture in response to third user input comprising a tap gesture (“User selection of the shutter button 714 provides for generating a media content item which includes an image (e.g., in response to a press/tap gesture of the shutter button 714)” paragraph 0127).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have shutter button taught by claim 5 of US 12,432,441 be user-selectable to take a picture in response to third user input comprising a tap gesture as taught by Drummond et al. as this only involves combining prior art elements according to known methods to yield predictable results such as enabling a user to selectively capture a still image.
Consider claim 16, claim 16 of US 12,432,441 does not explicitly teach that the shutter button is user-selectable to take a picture in response to third user input comprising a tap gesture.
Drummond et al. similarly teaches a user interface (figure 7A) with a shutter button (714, paragraph 0127), and further teaches that the shutter button is user-selectable to take a picture in response to third user input comprising a tap gesture (“User selection of the shutter button 714 provides for generating a media content item which includes an image (e.g., in response to a press/tap gesture of the shutter button 714)” paragraph 0127).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have shutter button taught by claim 16 of US 12,432,441 be user-selectable to take a picture in response to third user input comprising a tap gesture as taught by Drummond et al. as this only involves combining prior art elements according to known methods to yield predictable results such as enabling a user to selectively capture a still image.
Allowable Subject Matter
Claims 5, 7, 13 and 15 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.
The following is a statement of reasons for the indication of allowable subject matter:
Consider claim 5, the prior art of record does not teach nor reasonably suggest that the second set of interface elements comprises a border which frames the real-time image data, in combination with the other elements recited in parent claim 1.
Consider claim 7, the prior art of record does not teach nor reasonably suggest that the second set of interface elements comprises a first user-selectable icon for initiating hands-free video recording and a second user-selectable icon for switching between front and rear facing cameras while video recording is active, in combination with the other elements recited in parent claim 1.
Consider claim 13, the prior art of record does not teach nor reasonably suggest that the second set of interface elements comprises a border which frames the real-time image data, in combination with the other elements recited in parent claim 9.
Consider claim 15, the prior art of record does not teach nor reasonably suggest that the second set of interface elements comprises a first user-selectable icon for initiating hands-free video recording and a second user-selectable icon for switching between front and rear facing cameras while video recording is active, in combination with the other elements recited in parent claim 9.
Claims 4, 12 and 20 would be allowed if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and upon submission of a proper Terminal Disclaimer overcoming the double patenting rejection outlined herein.
The following is a statement of reasons for the indication of allowable subject matter:
Consider claim 4, the prior art of record does not teach nor reasonably suggest that the first set of interface elements comprises at least one of a profile button for surfacing a user profile, a search button for performing various types of searches within the application, a memories button for accessing saved media content items, a carousel button for activating a carousel interface to switch between augmented reality content items, a toolbar for activating a flash for the camera or for switching between front and rear facing cameras, or a tab bar for navigating between tabs of the application, in combination with the other elements recited in parent claim 1.
Consider claim 12, the prior art of record does not teach nor reasonably suggest that the first set of interface elements comprises at least one of a profile button for surfacing a user profile, a search button for performing various types of searches within the application, a memories button for accessing saved media content items, a carousel button for activating a carousel interface to switch between augmented reality content items, a toolbar for activating a flash for the camera or for switching between front and rear facing cameras, or a tab bar for navigating between tabs of the application, in combination with the other elements recited in parent claim 9.
Consider claim 20, the prior art of record does not teach nor reasonably suggest that the first set of interface elements comprises at least one of a profile button for surfacing a user profile, a search button for performing various types of searches within the application, a memories button for accessing saved media content items, a carousel button for activating a carousel interface to switch between augmented reality content items, a toolbar for activating a flash for the camera or for switching between front and rear facing cameras, or a tab bar for navigating between tabs of the application, in combination with the other elements recited in parent claim 17.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT H CUTLER whose telephone number is (571)270-1460. The examiner can normally be reached approximately Mon - Fri 8:00-4:30.
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/ALBERT H CUTLER/Primary Examiner, Art Unit 2637
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