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
Response to Arguments
Applicant’s arguments, see pages 7-20, filed 02/26/2026, with respect to the rejection(s) of claim(s) 1-5, 7-21 under U.S.C. 103 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 Therefore, the rejection has been withdrawn.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, see rejection below.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1 – 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Jin (Pub 20110099488) in view of Chai (Pub 20120060176) in view of Baumert (Pub 20060248441).
Regarding claim 1, Jin discloses:
receiving, by a computing device, from a user device, data indicating user preference information indicative of a plurality of content items, (receiving at STB from control device data indicating user preferences Para. [0053][0055]; also note multiple STB located on a user premise 113 Para. [0028])
determining, by the computing device, based on the user preference information from each user device of the plurality of user devices, a highest ranked content item of the plurality of content items, (see ranking based on user preferences Para. [0046][0055])
and causing, by the computing device, output of the highest ranked content item via plurality of output devices, (Para. [0046] see making ranking available to another STB).
However, receiving from each user device of a plurality of user devices proximate to
a plurality of output devices and determining user preference from each user are not disclosed.
In a similar field of endeavor, Chai discloses receiving from each user device of a plurality of user devices proximate to a plurality of output devices and determining user preference from each user, (see presence information and considering preferences of individuals still present at a location near the set top box). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Jin by incorporating Chai for the common purpose of improving content retrieval by limiting preference information to users of a certain area thereby improving relevancy of retrieved content to the users of the certain area.
The combination does not disclose determining an output parameter associated with presentation of the highest ranked content item and determining, by the computing device, based on the output parameter, a subset of the plurality of output devices and causing, by the computing device, based on the output parameter, output of the content item to the subset of the plurality of output devices.
In a similar field of endeavor, Baumert discloses determining an output parameter associated with presentation of the highest ranked content item and determining, by the computing device, based on the output parameter, a subset of the plurality of output devices and causing, by the computing device, based on the output parameter, output of the content item to the subset of the plurality of output devices, (Para. [0007] selecting a group of suitable devices from a plurality of devices to reproduce content. the selection is based on a ranking component, listening component and control component and also based on collected information about content preferences). One of ordinary skill in the art would incorporate the selecting a group of devices of Baumert into the combination. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination for the benefit of maximizing a user’s viewing pleasure by correlating different content to different devices and forwarding content based on each devices capability thereby a user’s experience is enhanced.
Regarding claim 2, Jin discloses wherein the user preference information comprises at least one of topic information, genre information, sports information, sports team information, news channel information, or content item preference information, (Para. [0056] whitelist construed as content item preference information; Para. [0080] genre information).
Regarding claim 3, Jin discloses determining the highest ranked preferred content
item of the plurality of content items, (ranking based on user preferences Para. [0046][0055] and an output parameter Para. [0017] positioning).
However, receiving an indication of a preferred content item from each user device
of the plurality of user devices, wherein the plurality of user devices are located in a common location is not disclosed.
In a similar field of endeavor, Chai discloses receiving an indication of a preferred
content item from each user device of the plurality of user devices, wherein the plurality of user devices are located in a common location, (see presence information and considering preferences of individuals still present at a location near the set top box). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Jin by incorporating Chai for the common purpose of improving content retrieval by limiting preference information to users of a certain area thereby improving relevancy of retrieved content to the users of the certain area.
Regarding claim 5, Jin discloses wherein the output parameter comprises at least one of: size, shape, resolution, color, spatial coordinates, direction, or position, (position: see positioning Para. [0031][0064]).
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jin in view of Chai in view of Baumert in view of Craner (Pub 20090328105).
Regarding claim 4, the combination discloses claim 1. However, weight factors, and determining a type of content based on weights are not disclosed.
In a similar field of endeavor, Craner discloses determining a plurality of weight factors and determining based on the plurality of weight factors a type of the highest ranked content item, (see setting of user profile for asset characteristics using weights which are used in selecting preferred content which is in turn used to determine highest ranked content fig 3 weights 352). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by incorporating Craner for the common purpose of giving a user different preferred content ranking criteria.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Jin in view Chai in view of Baumert in view of Curtis (Pub 20120117581).
Regarding claim 7, the combination discloses claim 1. However, wherein causing output of the highest ranked content item to the plurality of output devices comprises causing output of the highest ranked content item at a larger size than output of a lower ranked content item of the plurality of content items is not disclosed.
In a similar field of endeavor, Curtis discloses wherein causing output of the highest ranked content item to the plurality of output devices comprises causing output of the highest ranked content item at a larger size than output of a lower ranked content item of the plurality of content items, (fig 5 52A-C; fig 8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by incorporating Curtis for the common purpose of allowing users to distinguish among a plurality of ranked content.
Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Jin in view of Chai in view of Baumert in view of Jacoby (Pub 20150121431).
Regarding claim 21, the combination discloses claim 1. However, determining the highest ranked content item further comprises: determining a plurality of content attributes of the plurality of content items; and determining, based on the plurality of content attributes, a type of the highest ranked content item are not disclosed.
In a similar field of endeavor, Jacoby discloses wherein determining the highest ranked content item further comprises: determining a plurality of content attributes of the plurality of content items; and determining, based on the plurality of content attributes, a type of the highest ranked content item, (see different content attributes such as viewing history Par. [0068] or popularity Para. [0070] for generating recommendations which outputs content ranked according to content types). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by incorporating Jacoby for the common purpose of presenting content based on different criteria.
Claim(s) 8, 10, 11, 12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Craner (Pub 20090328105) in view of Chai (Pub 20120060176) in view of Stern (Pub 20150113548).
Regarding claim 8, Craner a method comprising:
causing, by a computing device, based on user preference information indicating a plurality of content items received from a plurality of user devices, output of a first preferred content item of the plurality of content items to an output device, (computing device 118 and Para. [0031] fig; user devices 110 fig 1 and Para. [0022][0028]; and displaying first preferred Para. [0046] by an output device 112 fig 1);
determining, based on a change in the user preference information, received from the plurality of user devices a second content preferred content item of the plurality of content items, (Par. [0059]);
and causing, based on the change in the user preference information received from a plurality of user devices, output of the first preferred content item and the second preferred content preferred item of the plurality of content items to the output devices, (Para. [0105] resorted and recomputed list of assets to output new list of assets. Also see list of assets 710 fig 7 comprising at least first and second ranked content in combination with indicator 720 do visually represent asset ranking relevancy to a group of users).
However, receiving from each user device of a plurality of user devices
proximate to a plurality of output devices and determining user preference from each user are not disclosed.
In a similar field of endeavor, Chai discloses receiving from each user device of a plurality of user devices proximate to a plurality of output devices and determining user preference from each user, (see presence information and considering preferences of individuals still present at a location near the set top box). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Jin by incorporating Chai for the common purpose of improving content retrieval by limiting preference information to users of a certain area thereby improving relevancy of retrieved content to the users of the certain area.
The combination does not disclose a first output parameter of a first content item, wherein the first output parameter identifies one or more characteristics associated with presentation of the first preferred content item across the plurality of output devices causing output of first preferred content item of the plurality of content items via the plurality of output devices and a second output parameter of the first preferred content item of the plurality of content item and the second preferred content item of the plurality of content item of the plurality of content items to the plurality of output devices wherein the second output parameter identifies one or more characteristic associated with presentation of the first preferred content item and the second preferred content item across the plurality of output devices.
In a similar field of endeavor, Stern discloses:
a first output parameter of a first content item, wherein the first output parameter identifies one or more characteristics associated with presentation of the first preferred content item across the plurality of output devices causing output of first preferred content item of the plurality of content items via the plurality of output devices, (note Para. [0033] disclosing first resolution, construed as first output parameter associated with presentation of first content on plurality of output devices such as 110-1,110-2 Para. [0131-0135]);
and a second output parameter of the first preferred content item of the plurality of content item and the second preferred content item of the plurality of content item of the plurality of content items to the plurality of output devices wherein the second output parameter identifies one or more characteristic associated with presentation of the first preferred content item and the second preferred content item across the plurality of output devices, (note para. [0033] see initiating display of multiple window regions, construed as a second parameter, including first and second window regions for displaying first content and second content on plurality of output devices 110-1, 110-2 fig 1). One of ordinary skill in the art may incorporate the first and second parameters of Stern into Craner for providing suitable display of different content. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Craner for the purpose of enhancing a user’s experience by improving the display of different content.
Regarding claim 10, Craner discloses wherein determining the second
content item of the plurality of content items comprises receiving an indication of a preferred content item from each user device of the plurality of user devices, (Para. [0059] users may indicate preferences using user devices in Para. [0030] by pressing on a selection or through a menu).
Regarding claim 11, Craner discloses wherein determining the second content item of the plurality of content items comprises: determining a plurality of content attributes of the plurality of content items; and determining, based on the plurality of content attributes, a type of the second content item, (see selecting assets (220 fig 2) which are content attributes that in turn may affect any selection regarding different types (226 fig 2) which are in turn may be used to generate second content items based on profile edits, (Para. 0059]).
Regarding claim 12, Craner discloses wherein determining the second content item of the plurality of content items comprises: determining, for each user device of the plurality of user devices, a user status; and determining, based on each user status, a type of the second content item, (see profile setup where user status is selected i.e. parental control 359 fig 3 or user priority 340 fig 3 and determining content type based on user status for example genre 330 fig 3).
Regarding claim 14, Craner discloses further comprising receiving, from the plurality of user devices, the user preference information, wherein the user preference information comprises at least one of: topic information, genre information, sports information, sports team information, news channel information, or content item preference information, (preference information stored at user device 120 fig 1 wherein the preference information comprises genre, sports, or content item preference information, etc.. fig 2 224, 226).
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Craner in view of Chai in view of Stern in view of Kim (Pub 20150095949).
Regarding claim 9, the combination discloses claim 8. However, output parameters are not disclosed.
In a similar field of endeavor, Kim discloses wherein causing output of the first content item of the plurality of content items to the plurality of output devices comprises determining an output parameter, wherein the output parameter comprises at least one of: size, shape, resolution, color, spatial coordinates, direction, or position, (Para. [0051]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by incorporating the teachings of Kim for the common purpose of allowing a user to distinguish among different ranked content.
Claim(s) 13 rejected under 35 U.S.C. 103 as being unpatentable over Craner in view of Chai in view of Stern in view of Curtis.
Regarding claim 13, the combination discloses claim 8. However, outputting
content in a larger size is not disclosed.
In a similar field of endeavor, Curtis discloses wherein causing output of the
second content item of the plurality of content items to the plurality of output devices comprises causing output of the second content item at a larger size than output of another content item of the plurality of content items, (fig 5 52A-C). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by incorporating the teachings of Curtis for the common purpose of allowing a user to distinguish among different ranked content.
Claim(s) 15, 16, 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Curtis in view of Chai in view of Baumert.
Regarding claim 15, Curtis discloses a method comprising:
receiving by a computing device user preference information from a plurality of user devices, (plurality of users in Para. [0045] and server 32 as computing device in Para. [0049])
determining, based on the user preference information, a preferred type of content item of the plurality of types of content items, (Para. [0027][0041] see determining social ranking based on rating which is based on viewer preferences); and
determining, based on the preferred type of content item, a content item of a plurality of content items, (Para. [0027] and 52B fig 5).
However, receiving from each user device of a plurality of user devices proximate to
a plurality of output devices and determining user preference from each user are not disclosed.
In a similar field of endeavor, Chai discloses receiving from each user device of a plurality of user devices proximate to a plurality of output devices and determining user preference from each user, (see presence information and considering preferences of individuals still present at a location near the set top box). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Jin by incorporating Chai for the common purpose of improving content retrieval by limiting preference information to users of a certain area thereby improving relevancy of retrieved content to the users of the certain area.
The combination does not disclose determining an output parameter associated with presentation of the highest ranked content item and determining, by the computing device, based on the output parameter, a subset of the plurality of output devices and causing, by the computing device, based on the output parameter, output of the content item to the subset of the plurality of output devices.
In a similar field of endeavor, Baumert discloses:
determining an output parameter associated with presentation of the highest ranked content item and determining, by the computing device, based on the output parameter, a subset of the plurality of output devices and causing, by the computing device, based on the output parameter, output of the content item to the subset of the plurality of output devices, (Para. [0007] selecting a group of suitable devices from a plurality of devices to reproduce content. the selection is based on a ranking component, listening component and control component and also based on collected information about content preferences). One of ordinary skill in the art would incorporate the grouping of clients into the combination. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination for the benefit of improving display of content by determining capability of a content receiving device and forwarding content based on each devices capability thereby a user’s experience is enhanced.
Regarding claim 16, Curtis discloses wherein the user preference information comprises at least one of: topic information, genre information, sports information, sports team information, news channel information, or content item preference information, (58 fig 8).
Regarding claim 18, Curtis discloses wherein determining the preferred type of content item comprises receiving an indication of a preferred content item from each user device of the plurality of user devices, wherein the plurality of user devices are located in a common location, (Para. [0034] [0041]).
Regarding claim 19, Curtis discloses wherein causing output of the content item to the quantity of output devices comprises causing output of the content item at a larger size than output of another content item of the plurality of content items, (fig 5 52A-C).
Regarding claim 20, Curtis discloses wherein causing output of the content item to the quantity of output devices comprises determining a display mode associated with at least one of: size, shape, resolution, color, spatial coordinates, direction, or position, (Para. [0051]).
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over Curtis in view of Chai in view of Baumert in view of Shah (Pub 20150095456).
Regarding claim 17, Curtis discloses claim 15. However, content status and type are not disclosed.
In a similar field of endeavor, Shah discloses wherein determining the preferred type of content item comprises: determining a content type and a content status of each content item of the plurality of content items; and determining, based on each content type and each content status, the preferred type of content item, wherein the preferred type of content item comprises at least one of: a football content item, a basketball content item, a baseball content item, a hockey content item, or a soccer content item, (Para. [0013]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the combination by incorporating the teachings of Shah for the common purpose of displaying content based on events related to displayed content.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUMAM M SATTI whose telephone number is (571)270-1709. The examiner can normally be reached Mon-Fri.
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HUMAM M. SATTI
Examiner
Art Unit 2422
/JOHN W MILLER/Supervisory Patent Examiner, Art Unit 2422
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