DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
This action is responsive to the Remark filed on 12/3/25.
Claims 1-3, 5-6, 8 &19-20 are amended.
Claim(s) 1-20 is/are presented for examination.
Claim Objections
Claim(s) 1, 10 & 19 is/are unclear to the examiner; what does it mean by stating “update the forecasting engine by updating parameters of the forecast model associated with the telecasted media content based on the modifications wherein influence of the modifications on the updated forecasting engine is weighted to decrease over time”? The claim limitation does not shown what exactly the Applicant trying to accomplished? What is the “influence of the modification means?” how about “weighted to decrease over time”? how are the two limitation related? What is the “weighted” for? Please clarify
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, 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.
Claim(s) 1, 5-7, 9 & 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corley, U.S. Pub/Patent No. 2004/0088406 A1 in view Yao, US 2015/0208120 A1, and further in view of Nonaka, US 2020/0394562 A1.
As to claim 1, Corley teaches a tangible, non-transitory, machine-readable medium, comprising machine- readable instructions that, when executed by one or more processors of a machine, cause the machine to:
access, at the machine, data related to content (Corley, page 3, paragraph 44; i.e., [0044] data values are obtained from the time series data sets for the various metrics);
determine, using a forecasting engine that applies the data to a forecast model, forecast information for a predetermined time period for the content, wherein the forecast information comprises: a forecast of a number of viewers, a forecasted number of impressions, a forecasted a sales value, or any combination thereof of the content (Corley, page 1, paragraph 17; page 3, paragraph 33; page 4, paragraph 46; i.e., [0033] the present invention predicts what the metric value will be at a particular point in time, determines a threshold value based on this prediction, measures the actual metric value at that time, and compares the measured value to the threshold value to determine if an event should be generated for notifying an administrator of a potential error condition; [0046] Using the training data set, a neural network is trained to predict the next value for the metric. Training involves inputting the data from the training data set to generate predictions and then comparing those predictions to the actual values measured. Based on the comparison, weights of the various nodes in the neural network may be adjusted to generate a more accurate prediction); and
provide, to a client device, via a graphical user interface (GUI) the forecast information (Corley, page 4, paragraph 48; i.e., [0048] With testing of the neural network, for a particular set of inputs, a predicted value for a given metric may be output. The present invention uses this predicted value for the metric as a basis for determining a threshold value for the actual value of the metric at the particular time point in the future. This may be done to a time series of test data values thereby providing a virtually continuous time-varying set of threshold values that may be automatically determined and used to monitor the operation of a computing system or network);
generate influenced forecast information via the updated forecasting engine (Corley, page 4, paragraph 46-48; i.e., [0048] The present invention uses this predicted value for the metric as a basis for determining a threshold value for the actual value of the metric at the particular time point in the future. This may be done to a time series of test data values thereby providing a virtually continuous time-varying set of threshold values that may be automatically determined and used to monitor the operation of a computing system or network. From the time series of predicted values generated based on the time series of test data values, point-by-point thresholds are calculated based on the standard deviation).
But Corley failed to teach the claim limitation wherein telecasted media content; receive, via the GUI, user input comprising modifications to the provided forecast information; update the forecasting engine by updating parameters of the forecast model associated with the telecasted media content based on the modifications wherein influence of the modifications on the updated forecasting engine is weighted to decrease over time.
However, Yao teaches the limitation wherein telecasted media content (Yao, page 1, paragraph 11 & 16; page 6, paragraph 52-54; i.e., [0011] the content (e.g., live broadcasted content), associated with the predicted channel, may be presented
with a relatively short delay; [0016] In some implementations, the content may correspond to live broadcasted content associated with a broadcast channel); receive, via the GUI, user input comprising modifications to the provided forecast information (Yao, page 6, paragraph 52-54; i.e., [0054] As described above, the "viewing preference" score for particular content may relate to the likelihood that the user may select to view the particular content based on the user's preference for the particular content. As an example, assume that content prediction system 220 had previously generated a "viewing preference" score for content received by user device 210 at 4 PM.).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Corley to substitute transmitted content from Yao for data from Corley to reduce the delay for the broadcasted content (Yao, page 1, paragraph 1-2).
However, Nonaka teaches the limitation wherein update the forecasting engine by updating parameters of the forecast model associated with the telecasted media content based on the modifications wherein influence of the modifications on the updated forecasting engine is weighted to decrease over time (Nonaka, page 5, paragraph 69; page 6, paragraph 87; i.e., [0069] The gradient V 8 log it(a,o) corresponds to the update direction of parameter Ѳ such that the score for the action increases. Therefore, by updating the value of parameter Ѳ of the policy function as indicated by Equation 2, if the estimated value R of reward to be obtained from the present to the future due to the execution of the action ato is larger than the estimated value Vt0 of reward, the value of parameter Ѳ is updated such that the score for the action ato is increased. Conversely, if the estimated value R of the reward to be obtained from the present to the future due to the execution of the action ato is smaller than the estimated value Vt0 of the reward to be obtained from the present to the future, the value of parameter Ѳ is updated such that the score for the action ato is decreased).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Corley to substitute auxiliary variable value from Nonaka for network metric from Corley to increasing a degree of selecting a previous action as the current action (Nonaka, page 1, paragraph 23).
As to claim 5, Corley-Yao-Nonaka teaches the machine-readable medium as recited in claim 1, wherein the forecasting engine is trained based on a historical set of data related to the content (Corley, page 1, paragraph 8; i.e., [0008] The present invention provides a method and apparatus for determining time-varying thresholds for measured metrics. Correlated historical values of the metric and additional related metrics ( cross-correlation) are used as inputs to a feed-forward back propagation neural network, in order to train the network to generalize the behavior of the metric. The metric is monitored and the monitored values are compared with the threshold values to determine if the metric bas violated its normal timevarying behavior).
But Corley-Jobling failed to teach the claim limitation wherein telecasted media content.
However, Yao teaches the limitation wherein telecasted media content (Yao, page 1, paragraph 11 & 16; page 6, paragraph 52-54; i.e., [0011] the content (e.g., live broadcasted content), associated with the predicted channel, may be presented
with a relatively short delay; [0016] In some implementations, the content may correspond to live broadcasted content associated with a broadcast channel).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Corley-Jobling to substitute transmitted content from Yao for data from Corley-Jobling to reduce the delay for the broadcasted content (Yao, page 1, paragraph 1-2).
As to claim 6, Corley-Yao-Nonaka teaches the machine-readable medium as recited in claim 1, wherein the forecasting engine is configured to use a best fit model to determine a second set of forecast information based on a second set of [0046] Using the training data set, a neural network is trained to predict the next value for the metric. Training involves inputting the data from the training data set to generate predictions and then comparing those predictions to the actual values measured. Based on the comparison, weights of the various nodes in the neural network may be adjusted to generate a more accurate prediction).
As to claim 7, Corley-Yao-Nonaka teaches the machine-readable medium as recited in claim 1, wherein provide, to the client device, the forecast information for the predetermined time period for display on the client device, wherein the forecast information is provided for display adjacent to actual information that is associated with the content and that corresponds to a second time period different from and preceding the predetermined time period (Corley, page 4, paragraph 48; i.e., [0048] This may be done to a time series of test data values thereby providing a virtually continuous time-varying set of threshold values that may be automatically determined and used to monitor the operation of a computing system or network. From the time series of predicted values generated based on the time series of test data values, point-by-point thresholds are calculated based on the standard deviation).
But Corley-Jobling failed to teach the claim limitation wherein telecasted media content.
However, Yao teaches the limitation wherein telecasted media content (Yao, page 1, paragraph 11 & 16; page 6, paragraph 52-54; i.e., [0011] the content (e.g., live broadcasted content), associated with the predicted channel, may be presented
with a relatively short delay; [0016] In some implementations, the content may correspond to live broadcasted content associated with a broadcast channel).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Corley-Jobling to substitute transmitted content from Yao for data from Corley-Jobling to reduce the delay for the broadcasted content (Yao, page 1, paragraph 1-2).
As to claim 9, Corley-Yao-Nonaka teaches the machine-readable medium as recited in claim 5, comprising machine readable instructions that cause the machine to:
provide, to the client device, the forecast information and the influenced forecast information corresponding to the same predetermined time period for display at the client device (Corley, page 4, paragraph 46-48; i.e., [0048] With testing of the neural network, for a particular set of inputs, a predicted value for a given metric may be output. The present invention uses this predicted value for the metric as a basis for determining a threshold value for the actual value of the metric at the particular time point in the future. From the time series of predicted values generated based on the time series of test data values, point-by-point thresholds are calculated based on the standard deviation. One or more threshold values are calculated for each metric value. Threshold values are indexed based on their relative timestamp or index in the corresponding time series).
Claim(s) 19 is/are directed to a system claims and they do not teach or further define over the limitations recited in claim(s) 1. Therefore, claim(s) 19 is/are also rejected for similar reasons set forth in claim(s) 1.
Claim(s) 4, 8, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corley, U.S. Pub/Patent No. 2004/0088406 A1 in view of Yao, US 2015/0208120 A1, and Nonaka, US 2020/0394562 A1, and further in view of Chang, U.S. Patent/Pub. No. 2016/0286244 A1.
As to claim 4, Corley-Yao-Nonaka teaches the machine-readable medium as recited in claim 1. But Corley-Yao-Nonaka failed to teach the claim limitation wherein the data related to the telecasted media content comprises start time associated with streaming a telecast, duration of the telecast, frequency of streaming the telecast, genre of the telecast, or any combination thereof.
But Corley failed to teach the claim limitation wherein telecasted media content.
However, Yao teaches the limitation wherein telecasted media content (Yao, page 1, paragraph 11 & 16; page 6, paragraph 52-54; i.e., [0011] the content (e.g., live broadcasted content), associated with the predicted channel, may be presented
with a relatively short delay; [0016] In some implementations, the content may correspond to live broadcasted content associated with a broadcast channel).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Corley-Jobling to substitute transmitted content from Yao for data from Corley-Jobling to reduce the delay for the broadcasted content (Yao, page 1, paragraph 1-2).
However, Chang teaches the limitation wherein the data related to the content comprises start time associated with streaming a telecast, duration of the telecast, frequency of streaming the telecast, genre of the telecast, or any combination thereof (Chang, page 8, paragraph 57; i.e., [0057] the video discovery engine 174 may suggest a real-time video stream that has received many signals of appreciation in a short duration, a real-time video stream that has a quantity of viewers that exceeds a threshold, a real-time video stream that has an average number of engagements per second that exceeds a threshold. the ranking of this video stream for that user in a list of suggested video streams. Similarly, the video discovery engine 174 may associate the video stream with skiing based on the content of the comments).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Corley-Yao-Nonaka to substitute engagement indication from Chang for data set from Corley-Yao-Nonaka to increase knowledge about a broadcast via a connection graph, implementations also include methods for discovering interesting broadcasts based on signals such as location, popularity, topicality (Chang, page 1, paragraph 4).
As to claim 8, Corley-Yao-Nonaka teaches the machine-readable medium as recited in claim 1. But Corley-Yao-Nonaka failed to teach the claim limitation wherein the forecasting engine defines a weight comprising a relative importance associated with a parameter of a set of parameters corresponding to the telecasted media content, wherein the set of parameters comprises at least one of a type of content, a content duration, a number of viewers, a number of impressions, or any combination thereof.
But Corley-Jobling failed to teach the claim limitation wherein telecasted media content.
However, Yao teaches the limitation wherein telecasted media content (Yao, page 1, paragraph 11 & 16; page 6, paragraph 52-54; i.e., [0011] the content (e.g., live broadcasted content), associated with the predicted channel, may be presented
with a relatively short delay; [0016] In some implementations, the content may correspond to live broadcasted content associated with a broadcast channel).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Corley-Jobling to substitute transmitted content from Yao for data from Corley-Jobling to reduce the delay for the broadcasted content (Yao, page 1, paragraph 1-2).
However, Chang teaches the limitation wherein the forecasting engine defines a weight comprising a relative importance associated with a parameter of a set of parameters corresponding to the content, wherein the set of parameters comprises at least one of a type of content, a content duration, a number of viewers, a number of impressions, or any combination thereof (Chang, page 8, paragraph 57; i.e., [0057] the video discovery engine 174 may suggest a real-time video stream that has received many signals of appreciation in a short duration, a real-time video stream that has a quantity of viewers that exceeds a threshold, a real-time video stream that has an average number of engagements per second that exceeds a threshold. the ranking of this video stream for that user in a list of suggested video streams. Similarly, the video discovery engine 174 may associate the video stream with skiing based on the content of the comments).
It would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Corley-Yao-Nonaka to substitute engagement indication from Chang for data set from Corley-Yao-Nonaka to increase knowledge about a broadcast via a connection graph, implementations also include methods for discovering interesting broadcasts based on signals such as location, popularity, topicality (Chang, page 1, paragraph 4).
Claim(s) 12 is/are directed to a method claim and they do not teach or further define over the limitations recited in claim(s) 8. Therefore, claim(s) 12 is/are also rejected for similar reasons set forth in claim(s) 8.
Allowable Subject Matter
Claim(s) 2-3 and 20 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for objected the claim(s):
In interpreting the claim(s), in light of the specification and the applicant’s argument(s) filed on 9/17/24, the Examiner finds the claimed invention to be patentably distinct from the prior art(s) of record.
The following is an examiner’s statement of reason(s) for objected the claim(s) to be allowed:
The examiner has found that the prior art(s) of record does/do not appear to teach or suggest or render obvious the claimed limitation(s) in combination with the specific added limitations as recited in dependent claim(s). The closest prior art of the record, Corley discloses “comparing the prediction and actual value”. However, Corley does not teach “in response to the difference not breaching the threshold value, refrain from updating the forecast model and the EDCA with the second set of parameters”. Polak disclosure relates to “EDCA” as claimed. Another close prior art, Yao, discloses “radio and tv station includes the telecasted media content”. However, “threshold related directly to the EDCA”. Thus, Polak's disclosure is insufficient to meet the claimed limitation of “in response to the difference not breaching the threshold value, refrain from updating the forecast model and the EDCA with the second set of parameters” Thus, Blasco Serrano's disclosure is insufficient to meet the claimed limitation of “acquiring, a first set of data related to the telecasted media content; determining, a first set of parameters for the EDCA; generating, an estimate values based on the first set of parameters and the EDCA; performing, a comparison between the estimate values and actual values associated with a second set of data related to the telecasted media content; in response to the difference breaching a threshold value: determining, a second set of parameters associated with the telecasted media content; and updating, the forecast model and the EDCA with the second set of parameters; and in response to the difference not breaching the threshold value, refrain from updating the forecast model and the EDCA” as set forth in dependent claim(s) 2-3 & 20. Claim(s) 2-3 & 20 is/are object to be allowed because of the combination of other limitation(s) and the limitation listed above.
REASONS FOR ALLOWANCE
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim(s) 10-18 is/are allowed.
The following is an examiner’s statement of reasons for allowance.
In interpreting the currently amended claim(s), in light of the Specification and the Applicant’s argument(s) filed on 9/17/24, the Examiner finds the claimed invention to be patentably distinct from the prior art(s) of records. Specifically, the prior art(s) of records, individually or in combination, fail to explicitly teach, suggest or render obvious the claimed invention as recited in independent claim(s) 10.
The prior art(s) of record fail(s) to teach or suggest individually or in combination that None of the prior art of the record teaches or fairly suggests all the claimed limitation, especially the limitation of “performing a comparison between the one or more estimate values and one or more actual values associated with a second set of data related to the telecasted media content to determine a difference between the one or more estimate values and the one or more actual values; in response to the difference breaching a threshold value: determining a second set of parameters associated with the telecasted media content, based on the second set of data updating the forecast model and the EDCA with the second set of parameters; and in response to the difference not breaching the threshold value, refrain from updating the forecast model and the EDCA with the second set of parameters”. The closest prior art of the record, Corley discloses “comparing the prediction and actual value”. However, Corley does not teach “in response to the difference not breaching the threshold value, refrain from updating the forecast model and the EDCA with the second set of parameters”. Polak disclosure relates to “EDCA” as claimed. Another close prior art, Yao, discloses “radio and tv station includes the telecasted media content”. However, “threshold related directly to the EDCA”. Thus, Polak's disclosure is insufficient to meet the claimed limitation of “in response to the difference not breaching the threshold value, refrain from updating the forecast model and the EDCA with the second set of parameters” as set forth in independent claim(s) 10 and in light of applicant’s argument(s) filed 9/17/24.
Response to Arguments
Applicant's arguments with respect to claim(s) 1-20 have been considered but are moot in view of the new ground(s) of rejection.
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 extension fee 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 date of this final action.
Listing of Relevant Arts
Morimura, U.S. Patent/Pub. No. US 20210248510 A1 discloses prediction model, parameter update technique.
Chalawsky, U.S. Patent/Pub. No. US 8583484 B1 discloses predictive model and update optimal frequency.
Contact Information
The present application is being examined under the pre-AIA first to invent provisions.
THUONG NGUYEN whose telephone number is (571)272-3864. The examiner can normally be reached on Monday-Friday 9:00-6:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THUONG NGUYEN/ Primary Examiner, Art Unit 2416