DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Remarks
In response to communications sent March 5, 2026, claim(s) 1, 10-13, 18, 19, 21, 24-27, 29, 31-35, and 37-41 is/are pending in this application; of these claim(s) 1, 11, and 18 is/are in independent form. Claim(s) 2-9, 14-17, 20, 22, 23, 28, 30, and 36 is/are cancelled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 6, 2026 has been entered.
Response to Arguments
Applicant’s arguments, see page 8 lines 16-21, filed March 5, 2026, with respect to claims 18, 19, 35, and 37-40 have been fully considered and are persuasive. The rejection of claims 18, 19, 35, and 37-40 sent November 5, 2025 has been withdrawn.
Applicant’s arguments, see page 8 line 22 to page 12 line 6, filed March 5, 2026, with respect to the rejection(s) of claim(s) 1, 10-13, 18, 19, 21, 24-27, 29, and 31-37 under 35 U.S.C. § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 2007/0253678 A1 (“Sarukkai”) under 35 U.S.C. § 102.
Regarding the nonstatutory double patenting rejection: Applicant's arguments filed March 5, 2026 have been fully considered but they are not persuasive. No terminal disclaimer has been filed, not particular arguments have been presented, and the rejection is not withdrawn.
See the Remarks regarding 35 U.S.C. § 101 in an earlier Office Action sent December 7, 2023 on page 2.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1, 10-13, 18, 19, 21, 24-27, 29, 31-35, and 37-41 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US 2007/0253678 A1 (“Sarukkai”).
As to claim 1, Sarukkai teaches a method comprising:
determining, by a computing device and for each portion of a plurality of portions of a first textual description of a content item (Sarukkai Para [0061]: determining using the text of captions), at least one segment of the first content item that corresponds to the portion (Sarukkai Para [0059]: indexing the textual content of a video by segments);
receiving a second textual description of a different content item (Sarukkai Para [0064]: a search index for advertisements as the second content item);
identifying a relevant portion of the plurality of portions of the first textual description, by matching terms in the relevant portion with terms in the second textual description (Sarukkai Para [0063]-[0064]: identifying portions of the video by matching terms in the video to an advertisement index);
receiving a request to cause output of the at least one segment of the first content item that corresponds to the relevant portion (Sarukkai Para [0063]: receive a query of the index of the first content item); and
based on the request (Sarukkai Para [0064]-[0065]: based on the query), causing:
insertion of the different content item in a video stream comprising the at least one segment (Sarukkai Para [0065] step 412: a plurality of video clips responsive to the query are displayed on the user’s device); and
output of the video stream with the different content item inserted (Sarukkai Para [0065] step 412: viewing advertisement video clips associated with the search results).
As to claim 10, Sarukkai teaches the method of claim 1, wherein determining, for each portion of the plurality of portions, the at least one segment of the first content item comprises finding, for at least one term of the portion, a term, in a transcript of the first content item, that is a synonym with the at least one term in the portion (Sarukkai Para [0061]: determining which index values of the captions that are a match or similar to the terms in a received query).
As to claim 11, Sarukkai teaches a method comprising:
identifying, by a computing device and for at least one of a plurality of portions of a textual description of a content item (Sarukkai Para [0061]: determining using the text of captions), at least one segment of the content item that corresponds to the at least one of the plurality of portions (Sarukkai Para [0059]: indexing the textual content of a video by segments);
receiving, from a user device causing an output of the at least one segment (Sarukkai Para [0065] step 412: viewing video clips associated with the search results), a request for additional content (Sarukkai Para [0065]: a request to view advertisements); and
based on the request and the output of the at least one segment (Sarukkai Para [0064]-[0065]: based on the query, the output, and the advertisement request associated with output):
searching for a different segment, of a different content item, by matching a term in the different segment with terms in the at least one of the plurality of portions (Sarukkai Para [0064]: searching a search index for advertisements as the second content item); and
causing, at the user device, output of the different segment (Sarukkai Para [0065] step 412: viewing advertisement video clips associated with the search results).
As to claim 12, Sarukkai teaches the method of claim 11, wherein the textual description of the content item comprises an electronic program guide (EPG) entry for the content item, and wherein the EPG entry comprises plot lines of the content item (Sarukkai Para [0026]: the indexed text includes summarizations and characterizations; the Examiner interprets a characterization to be a plot line, but this is nevertheless non-functional descriptive material that does not have patentable weight).
As to claim 13, Sarukkai teaches the method of claim 11, wherein the textual description is downloaded from a website (Sarukkai Para [0025]-[0026]: the indexed VOB files may be located on a remote data store accessed using a network such as the Internet).
As to claim 18, Sarukkai teaches a method comprising:
storing, by a computing device, as part of a searchable index (Sarukkai Para [0059]: indexing), and for each portion of a plurality of portions of a first textual description of a video program (Sarukkai Para [0061]: determining using the text of captions), information associated with at least one segment of the video program that corresponds to the portion (Sarukkai Para [0059]: indexing the textual content of a video by segments);
storing a second textual description of an advertisement (Sarukkai Para [0064]: a search index for advertisements as the second content item);
receiving a request for the video program (Sarukkai Para [0063]: receive a query of the index of the first content item); and
based on the request (Sarukkai Para [0064]-[0065]: based on the query):
determining that terms in at least one portion, of the plurality of portions of the first textual description, match with terms in the second textual description (Sarukkai Para [0063]-[0064]: identifying portions of the video by matching terms in the video to an advertisement index); and
causing, based on the determining (Sarukkai Para [0064]-[0065]: based on the query), a sequential output of:
the at least one segment, of the video program, that corresponds to the at least one portion (Sarukkai Para [0065] step 412: a plurality of video clips responsive to the query are displayed on the user’s device); and
the advertisement (Sarukkai Para [0065] step 412: viewing advertisement video clips associated with the search results).
As to claim 19, Sarukkai teaches the method of claim 18, wherein the first textual description comprises an electronic program guide (EPG) entry for the video program (Sarukkai Para [0026]: the indexed text includes summarizations and characterizations).
As to claim 21, Sarukkai teaches the method of claim 1, wherein the first textual description of the first content item comprises an electronic program guide (EPG) entry for the first content item and the second textual description of the different content item comprises an EPG entry for the different content item (Sarukkai Para [0026]: the indexed text includes summarizations and characterizations).
As to claim 24, Sarukkai teaches the method of claim 1, wherein the first textual description and the second textual description are received in conjunction with program listings from a third-party server (Sarukkai Para [0045]: program listings from a remote advertisement store).
As to claim 25, Sarukkai teaches the method of claim 1, wherein the first textual description is supplied by one or more users of the first content item (Sarukkai Para [0026]: the indexed text includes summarizations and characterizations; the Examiner interprets a characterization as being supplied by a user of the content item who is using the content item for indexing services to others).
As to claim 26, Sarukkai teaches the method of claim 1, wherein determining, for each portion of the plurality of portions, the at least one segment of the first content item comprises finding, for at least one term of the portion, a term, in closed captioning of the at least one segment of the first content item (Sarukkai Para [0061]: determining using the text of captions), that is similar to the at least one term in the portion (Sarukkai Para [0061]: determining which index values of the captions that are a match or similar to the terms in a received query).
As to claim 27, Sarukkai teaches the method of claim 1, wherein the plurality of portions in the first textual description comprise different sentences in the first textual description (Sarukkai Para [0061]: determining using the text of captions, which the Examiner interprets as sentences).
As to claim 29, Sarukkai teaches the method of claim 11, further comprising:
receiving a second textual description of a second content item (Sarukkai Para [0064]: a search index for advertisements as the second content item);
determining a match between a term in the second textual description and a term in the at least one of the plurality of portions (Sarukkai Para [0063]-[0064]: identifying portions of the video by matching terms in the video to an advertisement index); and
causing, at the user device, output of the second content item (Sarukkai Para [0065] step 412: viewing advertisement video clips associated with the search results).
As to claim 31, Sarukkai teaches the method of claim 1, wherein causing insertion of the different content item in the video stream comprises causing insertion of the different content item (Sarukkai Para [0065] step 412: viewing advertisement video clips associated with the search results):
adjacently before the at least one segment;
adjacently after the at least one segment; or
between the at least one segment and another segment of the first content item associated with the relevant portion (these three possibilities, connected by a disjunction, encompass all possible ways of inserting into to sequential video; hence viewing the advertisement video clips with the search results video clips reads on the disjunctive set of possible inserts; the adjacency of the segments is at once envisaged; see MPEP § 2131.02).
As to claim 32, Sarukkai teaches the method of claim 1, further comprising:
receiving, from a user device outputting the video stream, a request for additional content (Sarukkai Para [0065]: receiving a request to view advertisements);
identifying a third segment, of a third content item, by matching a term in the third segment with terms in the relevant portion (Sarukkai Para [0064]: searching a search index for a plurality of advertisements including a third segment); and
causing, at the user device based on the request for the additional content, insertion of the third segment into the video stream (Sarukkai Para [0065] step 412: viewing advertisement video clips associated with the search results).
As to claim 33, Sarukkai teaches the method of claim 1, wherein receiving the request for the at least one segment associated with the relevant portion comprises:
receiving a query indicative of criteria for searching a searchable index (Sarukkai Para [0063]: receive a query of the index of the first content item);
determining, by searching the searchable index based on the criteria:
the relevant portion (Sarukkai Para [0063]-[0064]: identifying portions of the video by matching terms in the video to an advertisement index); and
at least another relevant portion of a third textual description of a third content item, wherein causing the output of the video stream (Sarukkai Para [0063]-[0064]: identifying a plurality of portions of the video by matching terms in the video to an advertisement index) comprises:
generating the video stream by using:
the segment determined for the relevant portion (Sarukkai Para [0065] step 412: a plurality of video clips responsive to the query are displayed on the user’s device); and
at least another segment, of the third content item, that is determined for the at least another relevant portion (Sarukkai Para [0065] step 412: viewing advertisement video clips associated with the search results), and
wherein causing insertion of the different content item in the video stream comprises inserting the different content item between the segment and the at least another segment (Sarukkai Para [0065] step 412: viewing advertisement video clips associated with the search results; the adjacency of the segments is at once envisaged; see MPEP § 2131.02).
As to claim 34, Sarukkai teaches the method of claim 11, further comprising:
receiving a query indicative of criteria for searching a searchable index (Sarukkai Para [0063]: receive a query of the index of the first content item);
generating, by searching the searchable index based on the criteria, a video stream comprising segments, of different content items, that match the criteria (Sarukkai Para [0065] step 412: video clips associated with the search results; the adjacency of the segments is at once envisaged; see MPEP § 2131.02); and
causing sequential output of the video stream (Sarukkai Para [0065] step 412: viewing advertisement video clips associated with the search results).
As to claim 35, Sarukkai teaches the method of claim 18, wherein determining that the terms in the at least one portion matches with the terms in the second textual description comprises finding, for at least one term of the at least one portion, a term, in the second textual description, that is a synonym with the at least one term in the at least one portion (Sarukkai Para [0061]: determining which index values of the captions that are a match or similar to the terms in a received query).
As to claim 37, Sarukkai teaches the method of claim 18, further comprising:
receiving, from a user device causing the sequential output of the at least one segment of the video program and the advertisement, a request for additional video programs (Sarukkai Para [0065]: a request to view advertisements);
searching, in the searchable index, for different segment, of a different video program, by matching a term in the different segment with terms in the at least one portion (Sarukkai Para [0064]: searching a search index for advertisements as the second content item); and
causing, at the user device, output of the different segment (Sarukkai Para [0065] step 412: viewing advertisement video clips associated with the search results).
As to claim 38, Sarukkai teaches the method of claim 18, wherein causing the sequential output of the at least one segment of the video program and the advertisement comprises causing insertion of the advertisement:
adjacently before the at least one segment;
adjacently after the at least one segment; or
between the at least one segment and another segment of the video program (these three possibilities, connected by a disjunction, encompass all possible ways of inserting into to sequential video; hence viewing the advertisement video clips with the search results video clips reads on the disjunctive set of possible inserts; the adjacency of the segments is at once envisaged; see MPEP § 2131.02).
As to claim 39, Sarukkai teaches the method of claim 1, wherein the different content item comprises an advertisement (Sarukkai Para [0064]: a search index for advertisements as the second content item).
As to claim 40, Sarukkai teaches the method of claim 11, wherein the different content item comprises an advertisement (Sarukkai Para [0064]: a search index for advertisements as the second content item), and wherein the different segment comprises a segment of the advertisement (Sarukkai Para [0065] step 412: viewing advertisement video clips).
As to claim 41, Sarukkai teaches the method of claim 1, wherein receiving the second textual description comprises downloading, from a website of a provider of the different content item, a plot summary of the different content item (Sarukkai Para [0025]-[0026]: the indexed VOB files may be located on a remote data store accessed using a network such as the Internet).
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, 11, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, and 14 of U.S. Patent No. 10,467,289 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are a genus of the species of the patented reference application, with minor variations that are at once envisaged.
Instant Application 16/552,375
U.S. Patent 10,467,289 B2
1. A method comprising:
determining, by a computing device and for each portion of a plurality of portions of a first textual description of a first content item, at least one segment of the first content item that corresponds to the portion;
receiving a second textual description of a different content item;
identifying a relevant portion, of the plurality of portions of the first textual description, by matching terms in the relevant portion with terms in the second textual description;
receiving a request to cause output of the at least one segment of the first content item that corresponds to the relevant portion; and
based on the request, causing:
insertion of the different content item in a video stream comprising the at least one segment; and
output of the video stream with the different content item inserted.
1. A method comprising:
determining, by a computing device and for each term in a first plurality of terms selected from a dialog of a content item, a relevance interval for the term by identifying one or more portions of the dialog that are relevant to the term based on a similarity measurement for a first term in the one or more portions, the first term being different from the term, wherein the determining results in relevance intervals for the first plurality of terms;
determining, from a textual description of the content item, a second plurality of terms;
determining relevance intervals for the second plurality of terms by searching, based on the second plurality of terms, the relevance intervals for the first plurality of terms;
determining a first composite relevance interval by removing a first relevance interval from the relevance intervals for the second plurality of terms or by merging a second relevance interval from the relevance intervals for the second plurality of terms with a third relevance interval from the relevance intervals for the second plurality of terms;
receiving, after storing the first composite relevance interval as part of a searchable index, a query associated with content currently being viewed by a user;
determining, based on the query and the searchable index, the first composite relevance interval; and
causing, based on the query, display of a first portion of the content item that corresponds to the first composite relevance interval.
11. A method comprising:
identifying, by a computing device and for at least one of a plurality of portions of a textual description of a content item, at least one segment of the content item that corresponds to the at least one of the plurality of portions;
receiving, from a user device causing an output of the at least one segment, a request for additional content; and
based on the request and the output of the at least one segment:
searching for a different segment, of a different content item, by matching a term in the different segment with terms in the at least one of the plurality of portions; and
causing, at the user device, output of the different segment.
8. A method comprising:
determining, by a computing device and for each term in a first plurality of terms selected from a dialog of a content item, a relevance interval for the term by identifying one or more portions of the dialog that are relevant to the term based on a similarity measurement for a first term in the one or more portions, the first term being different from the term, wherein the determining results in relevance intervals for the first plurality of terms;
determining, from a textual description of the content item, a second plurality of terms;
determining relevance intervals for the second plurality of terms by searching, based on the second plurality of terms, the relevance intervals for the first plurality of terms;
determining a first composite relevance interval by removing a first relevance interval from the relevance intervals for the second plurality of terms or by merging a second relevance interval from the relevance intervals for the second plurality of terms with a third relevance interval from the relevance intervals for the second plurality of terms;
receiving, after storing the first composite relevance interval as part of a searchable index, a query associated with an advertisement;
determining, based on the query and the searchable index, the first composite relevance interval;
generating, based on the first composite relevance interval, a data stream that comprises the advertisement and a first portion of the content item; and
causing, based on the data stream, display of the advertisement and the first portion of the content item.
18. A method comprising:
storing, by a computing device, as part of a searchable index, and for each portion of a plurality of portions of a first textual description of a video program, information associated with at least one segment of the video program that corresponds to the portion;
storing a second textual description of an advertisement;
receiving a request for the video program; and
based on the request:
determining that terms in at least one portion, of the plurality of portions of the first textual description, match with terms in the second textual description; and
causing, based on the determining, a sequential output of:
the at least one segment, of the video program, that corresponds to the at least one portion; and
the advertisement.
14. A method comprising:
determining, by a computing device and for each term in a first plurality of terms selected from a dialog of a content item, a relevance interval for the term by identifying one or more portions of the dialog that are relevant to the term based on a similarity measurement for a first term in the one or more portions, the first term being different from the term, wherein the determining results in relevance intervals for the first plurality of terms;
determining, from a textual description of the content item, a second plurality of terms;
determining relevance intervals for the second plurality of terms by searching, based on the second plurality of terms, the relevance intervals for the first plurality of terms;
determining a first composite relevance interval by removing a first relevance interval from the relevance intervals for the second plurality of terms or by merging a second relevance interval from the relevance intervals for the second plurality of terms with a third relevance interval from the relevance intervals for the second plurality of terms;
receiving, after storing the first composite relevance interval as part of a searchable index, a query associated with a content consumption habit for a user;
determining, based on the query and the searchable index, the first composite relevance interval; and
causing, based on the query, display of a first portion of the content item that corresponds to the first composite relevance interval.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20110314485 A1: closed captioning and advertisements
AU 3601200 A: tailoring advertisements to EPG
US 20240298056 A1: Extraction of closed captions for streaming data
JP 2008301426 A: Similar authors as the inventors of the reference used for rejection.
US 20250061145 A1: Pertinent to potential non-statutory double patenting rejection but also involves the element of an ontology
US 20250245267 A1: Same patent family as the instant application
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/JESSE P FRUMKIN/Primary Examiner, Art Unit 1685 March 24, 2026