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 .
DETAILED ACTION
This Office Action is in response to the application filed on 10/27/2025.
Claims 1-18 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 02/05/2026 has been considered (see form-1449, MPEP 609).
Drawings
The drawings filed on 10/27/2025 are accepted.
Claim Rejections - 35 USC § 112
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 pre-AIA the applicant regards as the invention.
Claims 1 and 18, recites the language of “without receiving user input to request the search” references to other items in the claim. It is unclear what item is being referenced, further when a user selects/click on a set of images to perform a search which is requiring a user input in order to perform a search query. Note that “Nowhere in the specification clearly disclose displayed user selected digital image authored by the first entity, or the portion thereof, without receiving user input to request the searching” or “searching image without user performing the search”.
Claims 2-11 and 13-18 are rejected for the same reasons because of depend on the base claims 1 and 12.
For these reasons, one of ordinary skill in the art would not be able to determine the scope of he claims. Appropriate correction is required.
The examiner has cited particular examples of 35 U.S.C. 112 rejections above. It is respectfully requested that, in preparing responses, the applicant check the claims for further 35 U.S.C. 112 rejections as being indefinite in case it was inadvertently missed by the examiner. The following prior art rejections are based upon the examiner's best interpretation of the claims.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,455,919, and over claims1-21 of co-pending application 19/405234. Although the conflicting are not patentably distinct from each other because since the claims of the Patent No. 12,455,919 and co-pending application 19/405,234 contains every element of the claims of the instant application, and as such, anticipate the claims of the instant application 19/370490. (See table below).
Instant Application claim 1
Patent No. 12,455919 claim 1
A computing system, comprising: a display space; one or more processors; and a memory to store computer-executable instructions, comprising a user interface application and a chatbot application that, when executed by the one or more processors, cause the one or more processors to perform operations comprising: displaying in the display space, by the user interface application, a series of digital images authored by a first entity; receiving, via the user interface application, user input to select one of the series of digital images authored by the first entity, or a portion thereof; displaying the user-selected digital image authored by the first entity, or the portion thereof, in a location within a field of view of the displayed series of digital images authored by the first entity or the display space; and while the user interface application continues to display the user-selected digital image authored by the first entity, or the portion thereof, searching in one or more digital data sources for, and retrieving, by the chatbot application, contextual information authored by one or more entities other than the first entity based on the displayed user-selected digital image authored by the first entity, or the portion thereof, without receiving user input to request the searching; detecting, by the chatbot application, one or more user interactions with one or more of the user interface application, the displayed series of digital images authored by the first entity, the display space, the location within the field of view of the displayed series of digital images authored by the first entity or the display space, or the user-selected digital image authored by the first entity, or the portion thereof; displaying, by the chatbot application, a portion of the retrieved contextual information authored by the one or more entities other than the first entity as related digital data content in the location within the field of view of the displayed series of digital images authored by the first entity or the display space, based in part on the detected one or more user interactions with the one or more of the user interface application, the displayed series of digital images authored by the first entity, or the display space, without receiving user input to perform the displaying of the portion of the retrieved contextual information authored by the one or more entities other than the first entity as related digital data content; and receiving, by the chatbot application, user input, responsive to the displayed portion of the retrieved contextual information authored by the one or more entities other than the first entity as related digital data content.
A computing system, comprising: a display space; one or more processors; and a memory to store computer-executable instructions, comprising a user interface application and a chatbot application that, when executed by the one or more processors, cause the one or more processors to perform operations comprising: displaying, by the user interface application, a series of digital images in the display space; receiving, via the user interface application, user input to select one of the series of digital images, or a portion thereof; displaying the user-selected digital image, or the portion thereof, in a location within a field of view of the displayed series of digital images or the display space; and while the user interface application continues to display the user-selected digital image, or portion thereof, searching in one or more digital data sources for, and retrieving, by the chatbot application, contextual information based on the displayed user-selected digital image, or portion thereof, without receiving user input to request searching in the one or more digital data sources for contextual information based on the displayed user-selected digital image, or portion thereof; detecting, by the chatbot application, one or more user interactions with one or more of the user interface application, the displayed series of digital images, the display space, the location within the field of view of the displayed series of digital images or the display space, or the user-selected digital image or the portion thereof; displaying, by the chatbot application, a portion of the retrieved contextual information as related digital data content in the location within the field of view of the displayed series of digital images or the display space, based in part on the detected one or more user interactions with the one or more of the user interface application, the displayed series of digital images, or the display space, without receiving user input to perform the displaying the portion of the retrieved contextual information as related digital data content; and receiving, by the chatbot application, user input, responsive to the displayed portion of the retrieved contextual information as related digital data content.
Claims 1-10 of Patent No. 12,455,919 satisfies all the elements of claims 1-11 of the instant application, and as such, anticipates the claims of instant application.
Instant Application claim 12
Patent No. 12,455919 claim 11
A computer-implemented method, comprising: displaying in a display space a series of digital images authored by a first entity; receiving user input to select one of the series of digital images authored by the first entity, or a portion thereof; displaying in the display space, the user-selected digital image authored by the first entity, or the portion thereof, in a location within a field of view of the displayed series of digital images authored by the first entity or the display space; and while continuing to display the user-selected digital image authored by the first entity, or the portion thereof, searching in one or more digital data sources for, and retrieving therefrom, contextual information authored by one or more entities other than the first entity based on the displayed user-selected digital image authored by the first entity, or the portion thereof, without receiving user input to request the searching; detecting, by the chatbot application, one or more user interactions with one or more of the user interface application, the displayed series of digital images authored by the first entity, the display space, the location within the field of view of the displayed series of digital images authored by the first entity or the display space, or the user-selected digital image authored by the first entity or the portion thereof; displaying, by the chatbot application, a portion of the retrieved contextual information authored by the one or more entities other than the first entity as related digital data content in the location within the field of view of the displayed series of digital images authored by the first entity or the display space, based in part on the detected one or more user interactions with the one or more of the user interface application, the displayed series of digital images authored by the first entity, or the display space, without receiving user input to perform the displaying the portion of the retrieved contextual information authored by the one or more entities other than the first entity as related digital data content; and receiving, by the chatbot application, user input, responsive to the displayed portion of the retrieved contextual information authored by the one or more entities other than the first entity as related digital data content.
A computer-implemented method, comprising: displaying a series of digital images in a display space; receiving user input to select one of the series of digital images, or a portion thereof; displaying the user-selected digital image, or the portion thereof, in a location within a field of view of the displayed series of digital images or the display space; and while continuing to display the user-selected digital image, or the portion thereof, searching in one or more digital data sources for, and retrieving therefrom, contextual information based on the displayed user-selected digital image, or portion thereof, without receiving user input to request searching in the one or more digital data sources for contextual information based on the displayed user-selected digital image, or portion thereof; detecting, by the chatbot application, one or more user interactions with one or more of the user interface application, the displayed series of digital images, the display space, the location within the field of view of the displayed series of digital images or the display space, or the user-selected digital image or the portion thereof; displaying, by the chatbot application, a portion of the retrieved contextual information as related digital data content in the location within the field of view of the displayed series of digital images or the display space, based in part on the detected one or more user interactions with the one or more of the user interface application, the displayed series of digital images, or the display space, without receiving user input to perform the displaying the portion of the retrieved contextual information as related digital data content; and receiving, by the chatbot application, user input, responsive to the displayed portion of the retrieved contextual information as related digital data content.
Claims 11-16 of Patent No. 12,455,919 satisfies all the elements of claims 12-18 of the instant application, and as such, anticipates the claims of instant application.
Instant Application claim 1
Co-pending appl. 19/405234 claim 1
A computing system, comprising: a display space; one or more processors; and a memory to store computer-executable instructions, comprising a user interface application and a chatbot application that, when executed by the one or more processors, cause the one or more processors to perform operations comprising: displaying in the display space, by the user interface application, a series of digital images authored by a first entity; receiving, via the user interface application, user input to select one of the series of digital images authored by the first entity, or a portion thereof; displaying the user-selected digital image authored by the first entity, or the portion thereof, in a location within a field of view of the displayed series of digital images authored by the first entity or the display space; and while the user interface application continues to display the user-selected digital image authored by the first entity, or the portion thereof, searching in one or more digital data sources for, and retrieving, by the chatbot application, contextual information authored by one or more entities other than the first entity based on the displayed user-selected digital image authored by the first entity, or the portion thereof, without receiving user input to request the searching; detecting, by the chatbot application, one or more user interactions with one or more of the user interface application, the displayed series of digital images authored by the first entity, the display space, the location within the field of view of the displayed series of digital images authored by the first entity or the display space, or the user-selected digital image authored by the first entity, or the portion thereof; displaying, by the chatbot application, a portion of the retrieved contextual information authored by the one or more entities other than the first entity as related digital data content in the location within the field of view of the displayed series of digital images authored by the first entity or the display space, based in part on the detected one or more user interactions with the one or more of the user interface application, the displayed series of digital images authored by the first entity, or the display space, without receiving user input to perform the displaying of the portion of the retrieved contextual information authored by the one or more entities other than the first entity as related digital data content; and receiving, by the chatbot application, user input, responsive to the displayed portion of the retrieved contextual information authored by the one or more entities other than the first entity as related digital data content.
A computing system, comprising: a display space; one or more processors; and a memory to store computer-executable instructions, comprising a user interface application and a messaging platform application that, when executed by the one or more processors, cause the one or more processors to perform operations comprising: displaying, in the user interface application, an image, or the portion thereof, in a display space; and while the user interface application continues to display the image, or portion thereof, searching in one or more digital data sources for, and retrieving, by the messaging platform application, contextual information based on the displayed image, or portion thereof, without receiving user input to request searching in the one or more digital data sources for contextual information based on the displayed image, or portion thereof; detecting, by the messaging platform application, one or more user interactions with one or more of the user interface application, the display space, or the image or the portion thereof; displaying, by the messaging platform application, a portion of the retrieved contextual information as related digital data content in a location within a field of view of the display space, based in part on the detected one or more user interactions with the one or more of the user interface application, the display space, or the image or portion thereof, without receiving user input to display the portion of the retrieved contextual information as related digital data content; and receiving, by the messaging platform application, user input, responsive to the displaying of the portion of the retrieved contextual information as related digital data content.
Claims 1-21 of co-pending application 19/405234 satisfies all the elements of claims 1-11 of the instant application, and as such, anticipates the claims of instant application.
Claims 1-21 of co-pending application 19/405234 satisfies all the elements of claims 12-18 of the instant application, and as such, anticipates the claims of instant application.
Per the instant office action, claims 1-18 are being considered allowable. These claims would be allowed if the current nonstatutory obviousness-type double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,455,919, and over claims1-21of co-pending application 19/405234 is overcome. Case will be allowed upon receive a terminal disclaimer.
Additional Art Considered
The prior art made of record and not relied upon is considered pertinent to the Applicants’ disclosure.
The following patents and papers are cited to further show the state of the art at the time of Applicants’ invention with respect to searching for and adding contextual information to, or within, a view of a series of digital images displayed in the digital display system in response to user interaction and without receiving user input to perform the searching.
a. Harikumar et al. (US PGPUB 2022/0391633, hereinafter Harikumar); “Automatically Generating An Image Databaset based on Object Instance Similarity” disclose “utilizes metadata and spatial statistics to extract semantically similar objects from a repository of digital images and group similar objects together within a query space by utilizing a clustering algorithm to create object clusters and then refining and combining the object clusters within the query space, further utilizes one or more of the object clusters to build a machine learning model”.
Harikumar also teaches extraction system selects a series of correlated images from digital images and identifying digital images having similar metadata tags [0018].
Harikumar further teaches extracts objects portrayed in the correlated images and generates content embeddings and color embeddings for the extracted objects [0039].
b. McCoy et al. (US PGPUB 2022/0337439, hereafter McCoy); “Rights Enabled Tokens For Blockchain Application” discloses “managing media, such as digital content, using blockchain which include information identifying content represented by the tokens as well as information or data that identifies the rights assigned or associated with the content represented by the tokens”.
McCoy also teaches mage search for the digital content item and assigning a value based on results of the performed reverse image search, and/or receiving one or more source materials for the digital content item and assigning a value based on the received one or more source materials [0173].
McCoy further teaches manage the attribution, appropriation, distribution, transfer, and other actions associated with digital media (e.g., text-based content, audio-based content, video-based content, image-based content, and so on), content associated with the digital media, and/or rights to the media (e.g., represented by contracts) [0044].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN A PHAM whose telephone number is (571)270-3173. The examiner can normally be reached M-F 7:45 AM - 6:30 PM.
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/TUAN A PHAM/Primary Examiner, Art Unit 2163
