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 .
1. This is in response to the communications filed on 17 August 2026.
2. Claims 1-20 are pending in the application.
3. Claims 1-20 have been rejected.
Information Disclosure Statement
4. The examiner has considered the information disclosure statement (IDS) filed on 17 November 2025, 14 April 2026 and 17 August 2026.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
5. Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claims 1, 9 and 17 include the limitations of “identifying a plurality of user accounts within the portal system associated with the received user login credentials”, “causing display of the plurality of user accounts on a user interface of a webpage” and “receiving a selection of a user account from the plurality of user accounts”. However, after a review of the applicant’s specification the examiner has not found support for the limitations. The specification, at the time the application was filed, would not have taught one of ordinary skill in the art how to make and/or use the full scope of the claimed invention without undue experimentation.
Any claims not directly addressed are rejected on the virtue of their dependency.
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.
6. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,393,734 B2 (hereinafter the ‘734 patent) in view of Ozanian US 2020/0322800 A1.
As to claim 1, the ‘734 patent discloses a method comprising:
receiving, by a processor, user login credentials [column 26, lines 23-24];
authenticating, by the processor, the received user login credentials [column 26, lines 25-26];
accessing a set of unlockable data elements associated with a user portal, the set of unlockable data elements comprising an image and media content associated with the image [column 26, lines 27-30];
causing display of the accessed set of unlockable data elements on a user interface of a webpage [column 26, lines 31-32]; and
generating a new unlockable data element, the generating comprising [column 26, lines 33-34]:
accessing a new image [column 26, line 35];
receiving a subsequent selection of a user interface element from the webpage indicating a type of content [column 26, lines 36-38];
receiving data comprising the type of content [column 26, line 39]; and
associating the data and the new image with the new unlockable data element; and storing the new unlockable data element in association with the user portal [column 26, lines 40-43].
The ‘734 patent does not teach identifying a plurality of user accounts within the portal system associated with the received user login credentials. The ‘734 patent does not teach causing display of the plurality of user accounts on a user interface of a webpage. The ‘734 patent does not teach receiving a selection of a user account from the plurality of user accounts. The ‘734 patent does not teach in response to the received selection.
Ozanian teaches identifying a plurality of user accounts within the portal system (i.e. identify one or more corresponding accounts) [0177] associated with the received user login credentials (i.e. user-entered credentials) [0177]. Ozanian teaches causing display of the plurality of user accounts on a user interface (i.e. present a user interface via which the user can select and/or confirm an account) [0177] of a webpage (i.e. webpage) [0176]. Ozanian teaches receiving a selection of a user account from the plurality of user accounts (i.e. select an/or confirm an account) [0177]. Ozanian teaches in response to the received selection [0178].
Therefore, it 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 to have modified the ‘734 patent so that a plurality of user accounts would have been identified within the portal system associated with the received user login credentials. It would have caused display of the plurality of user accounts on a user interface of a webpage. A selection of a user account from the plurality of user accounts would have been received. There would have been a response to the received selection.
It 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 to have modified the ‘734 patent by the teaching of Ozanian because it provides adequate mechanisms for secure and selective peer-to-peer sharing of content among mobile devices [0003].
As to claim 2, the ‘734 patent teaches the method of claim 1, further comprising:
receiving a selection of an unlockable data element from the set of unlockable data elements [column 26, lines 45-46]; and
in response to the selection, modifying one or more aspects of the selected unlockable data element [column 26, lines 47-48].
As to claim 3, the ‘734 patent teaches the method of claim 1, wherein the unlockable data element is configured to present the media content upon being scanned by a camera unit [column 26, lines 65-67].
As to claim 4, the ‘734 patent teaches the method of claim 1, wherein the type of content comprises at least one of website, an augmented reality experience, or a user profile [column 27, lines 1-3].
As to claim 5, the ‘734 patent teaches the method of claim 2, wherein the image is an original image and wherein modifying the one or more aspects of the selected unlockable data element further comprises:
accessing a new image [column 26, line 52];
associating the new image with the data [column 26, line 53]; and
replacing the original image with the new image [column 26, line 54].
As to claim 6, the ‘734 patent teaches the method of claim 2, wherein the data is an original data and the type of content is a first type of content, and wherein modifying the one or more aspects of the selected unlockable data element, further comprises:
accessing new data comprising a second type of content, the second type of content being different than the first type of content [column 26, lines 59-61];
associating the new data with the selected unlockable data element [column 26, lines 62-63]; and
replacing the original data with the new data [column 26, line 64].
As to claim 7, the ‘734 patent teaches the method of claim 1, wherein the user login credentials are first user login credentials, the method further comprising:
receiving second user login credentials associated with the user portal [column 27, lines 7-8];
authenticating the second user login credentials [column 27, line 9]; and
causing display of the accessed set of unlockable data elements associated with the user portal [column 27, lines 10-11].
As to claim 8, the ‘734 patent teaches the method of claim 1, further comprising:
receiving a selection of an icon displayed proximate to the selected unlockable data element [column 27, lines 13-14]; and
in response to the selection, causing display of analytics data associated with the selected unlockable data element [column 27, lines 15-17].
As to claim 9, the ‘734 patent discloses a system comprising:
a processor [column 27, line 19]; and
a memory storing instructions that, when executed by the processor, configure the system to perform operations comprising [column 27, lines 20-22]:
receiving user login credentials [column 27, lines 23-24];
authenticating the received user login credentials [column 27, line 25];
accessing a set of unlockable data elements associated with a user portal, the set of unlockable data elements comprising an image and media content associated with the image [column 27, lines 26-29];
causing display of the accessed set of unlockable data elements on a user interface of a webpage [column 27, lines 30-31]; and
generating a new unlockable data element, the generating comprising [column 27, lines 32-33]:
accessing a new image [column 27, line 34];
receiving a subsequent selection of a user interface element from the webpage indicating a type of content [column 27, lines 35-37];
receiving data comprising the type of content [column 27, line 38]; and
associating the data and the new image with the new unlockable data element; and storing the new unlockable data element in association with the user portal [column 27, lines 39-42].
The ‘734 patent does not teach identifying a plurality of user accounts within the portal system associated with the received user login credentials. The ‘734 patent does not teach causing display of the plurality of user accounts on a user interface of a webpage. The ‘734 patent does not teach receiving a selection of a user account from the plurality of user accounts. The ‘734 patent does not teach in response to the received selection.
Ozanian teaches identifying a plurality of user accounts within the portal system (i.e. identify one or more corresponding accounts) [0177] associated with the received user login credentials (i.e. user-entered credentials) [0177]. Ozanian teaches causing display of the plurality of user accounts on a user interface (i.e. present a user interface via which the user can select and/or confirm an account) [0177] of a webpage (i.e. webpage) [0176]. Ozanian teaches receiving a selection of a user account from the plurality of user accounts (i.e. select an/or confirm an account) [0177]. Ozanian teaches in response to the received selection [0178].
Therefore, it 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 to have modified the ‘734 patent so that a plurality of user accounts would have been identified within the portal system associated with the received user login credentials. It would have caused display of the plurality of user accounts on a user interface of a webpage. A selection of a user account from the plurality of user accounts would have been received. There would have been a response to the received selection.
It 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 to have modified the ‘734 patent by the teaching of Ozanian because it provides adequate mechanisms for secure and selective peer-to-peer sharing of content among mobile devices [0003].
As to claim 10, the ‘734 patent teaches the system of claim 9, wherein the instructions further configure the system to perform operations comprising:
receiving a selection of an unlockable data element from the set of unlockable data elements [column 27, lines 45-46]; and
in response to the selection, modifying one or more aspects of the selected unlockable data element [column 27, lines 47-48].
As to claim 11, the ‘734 patent teaches the system of claim 9, wherein the unlockable data element is configured to present the media content upon being scanned by a camera unit [column 28, lines 1-3].
As to claim 12, the ‘734 patent teaches the system of claim 9, wherein the type of content comprises at least one of a website, an augmented reality experience or a user profile [column 28, lines 4-6].
As to claim 13, the ‘734 patent teaches the system of claim 10, wherein the image is an original image and wherein modifying the one or more aspects of the selected unlockable data element further comprises:
accessing a new image [column 27, line 53];
associating the new image with the data [column 27, line 54]; and
replacing the original image with the new image [column 27, line 55].
As to claim 14, the ‘734 patent teaches the system of claim 10, wherein the data is an original data and the type of content is a first type of content, and wherein modifying the one or more aspects of the selected unlockable data element further comprises:
accessing new data comprising a second type of content, the second type of content being different than the first type of content [column 27, lines 62-64];
associating the new data with the selected unlockable data element [column 27, lines 65-66]; and
replacing the original data with the new data [column 27, line 67].
As to claim 15, the ‘734 patent teaches the system of claim 9, wherein the user login credentials are first user login credentials, wherein the instructions further perform operations comprising:
receiving second user login credentials associated with the user portal [column 28, lines 10-11];
authenticating the second user login credentials [column 28, line 12]; and
causing display of the accessed set of unlockable data elements associated with the user portal [column 28, lines 13-14].
As to claim 16, the ‘734 patent teaches the system of claim 9, wherein the instructions further perform operations comprising:
receiving a selection of an icon displayed proximate to the selected unlockable data element [column 28, lines 17-18]; and
in response to the selection, causing display of analytics data associated with the selected unlockable data element [column 28, lines 19-21].
As to claim 17, the ‘734 patent discloses 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:
receiving user login credentials [column 28, lines 26-27];
authenticating the received user login credentials [column 28, line 28];
accessing a set of unlockable data elements associated with a user portal, the set of unlockable data elements comprising an image and media content associated with the image [column 28, lines 29-32];
causing display of the accessed set of unlockable data elements on a user interface of a webpage [column 28, lines 33-34]; and
generating a new unlockable data element, the generating comprising [column 28, lines 35-36]:
accessing a new image [column 28, line 37];
receiving a subsequent selection of a user interface element from the webpage indicating a type of content [column 28, lines 38-40];
receiving data comprising the type of content [column 28, line 41]; and
associating the data and the new image with the new unlockable data element; and storing the new unlockable data element in association with the user portal [column 28, lines 42-45].
The ‘734 patent does not teach identifying a plurality of user accounts within the portal system associated with the received user login credentials. The ‘734 patent does not teach causing display of the plurality of user accounts on a user interface of a webpage. The ‘734 patent does not teach receiving a selection of a user account from the plurality of user accounts. The ‘734 patent does not teach in response to the received selection.
Ozanian teaches identifying a plurality of user accounts within the portal system (i.e. identify one or more corresponding accounts) [0177] associated with the received user login credentials (i.e. user-entered credentials) [0177]. Ozanian teaches causing display of the plurality of user accounts on a user interface (i.e. present a user interface via which the user can select and/or confirm an account) [0177] of a webpage (i.e. webpage) [0176]. Ozanian teaches receiving a selection of a user account from the plurality of user accounts (i.e. select an/or confirm an account) [0177]. Ozanian teaches in response to the received selection [0178].
Therefore, it 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 to have modified the ‘734 patent so that a plurality of user accounts would have been identified within the portal system associated with the received user login credentials. It would have caused display of the plurality of user accounts on a user interface of a webpage. A selection of a user account from the plurality of user accounts would have been received. There would have been a response to the received selection.
It 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 to have modified the ‘734 patent by the teaching of Ozanian because it provides adequate mechanisms for secure and selective peer-to-peer sharing of content among mobile devices [0003].
As to claim 18, the ‘734 patent teaches the computer-readable storage medium of claim 17, wherein the instructions further perform operations comprising:
receiving a second selection from the webpage [column 28, line 51];
in response to the second selection, accessing a second image [column 28, lines 52-53];
receiving a third selection of a user interface element from the webpage, the user interface element associated with a type of content [column 28, lines 54-56];
receiving data comprising the type of content [column 28, line 57];
generating a second unlockable data element using the second image, the second image associated with the data [column 28, lines 58-60]; and
storing the second unlockable data element in association with the user portal [column 28, lines 61-62].
As to claim 19, the ‘734 patent teaches the computer-readable storage medium of claim 17, wherein the unlockable data element is a scannable image [column 28, lines 63-64].
As to claim 20, the ‘734 patent teaches the computer-readable storage medium of claim 19, wherein the scannable image is created by a first user device, the instructions further perform operations comprising:
receiving an indication that the scannable image is scanned by a second user device, the second user device being different from the first user device [column 29, lines 1-3].
Allowable Subject Matter
7. Claims 1-20 are allowed over the prior art.
The following is an examiner’s statement of reasons for allowance:
The closest prior art to the instant application are Ellis et al U.S. Patent No. 8,719,857 B1 (hereinafter Ellis), Azulay et al US 2016/0014196 A1 (hereinafter Azulay) and Ozanian US 2020/0322800 A1. Ellis is directed towards systems and methods for providing parental control support in video mosaic environment [abstract]. Ellis teaches accessing a set of unlockable data elements associated with a user portal, the set of unlockable data elements comprising an image and media content associated with the image. Ellis teaches causing display of the accessed set of unlockable data elements on a user interface of a webpage [column 26, lines 31-32]. Azulay is directed towards an authenticator plugin interface for an enterprise virtualization portal [abstract]. Azulay teaches receiving, by a processor, user login credentials (i.e. before granting user access to the portal a user is authenticated by validating the login credentials [0012]. Azulay teaches authenticating, by the processor, the received user login credentials (i.e. validating the login credentials) [0012]. Ozanian is directed towards peer-to-peer content sharing over networks, including sharing content via wireless mobile devices over a wireless network [0002]. Ozanian teaches identifying a plurality of user accounts within the portal system (i.e. identify one or more corresponding accounts) [0177] associated with the received user login credentials (i.e. user-entered credentials) [0177]. Ozanian teaches causing display of the plurality of user accounts on a user interface (i.e. present a user interface via which the user can select and/or confirm an account) [0177] of a webpage (i.e. webpage) [0176]. Ozanian teaches receiving a selection of a user account from the plurality of user accounts (i.e. select an/or confirm an account) [0177]. Ozanian teaches in response to the received selection [0178]. However, the prior art does not disclose, teach or fairly suggest the limitations of “generating a new unlockable data element” and “the generating comprising: accessing a new image; receiving a subsequent selection of a user interface element from the webpage indicating a type of content; receiving data comprising the type of content; and associating the data and the new image with the new unlockable data element; and storing the new unlockable data element in association with the user portal”, as recited in independent claims 1, 9 and 17.
Any claims not directly addressed are allowed on the virtue of their dependency.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Relevant Prior Art
8. The following references have been considered relevant by the examiner:
A. Bulgakov et al US 2022/0394024 A1 directed to authenticating users to a service [abstract].
B. Ju et al US 2020/0213310 A1 directed to a credential storage manager for protecting credential security during delegated account use [abstract].
C. McDowell et al US 2009/0260064 A1 directed to a user-oriented verification system and method that provides for verification and fraud reduction in transactions [abstract].
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARAVIND K MOORTHY whose telephone number is (571)272-3793. The examiner can normally be reached M-F 4:30-3:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Thiaw can be reached at 571-270-1138. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARAVIND K MOORTHY/ Primary Examiner, Art Unit 2407
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