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 .
Claims 1-21 are pending in this application.
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.
Claim(s) 1-9, 11-19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oliver et al., US 2013/0191454 (hereinafter Oliver) in view of Ehsani et al., US 2014/0108019 (hereinafter Ehsani).
For claims 1, 11, 21, Oliver teaches a method for providing media guidance, the method comprising:
receiving, using a mobile device having a hardware processor, a search query related to media content from a user having a user account (see Oliver, [0025], “a user 108 may subscribe to a service through which the user 108 may access (e.g., stream) media content that is made available by a media content service provider by way of the service”, where subscribing to service gives user an account for access to media, [0055], “moderator device 404 may use the title of the song to search a database of a music streaming service and/or to search a music library associated with moderator device 404”);
determining, using the hardware processor, a streaming device associated with the user account (see Oliver, [0025], [0030], moderator device that subscribes to media service creates an associated account for the subscription, representing user account, and is further configured to discover or “detect media devices 102 that have connected to” network, [0048], and where “participant device” streaming songs represents streaming device).
Ehsani teaches determining, using the hardware processor, a streaming device associated with the user account and a home location of the user account (see Ehsani, [0031], “One should appreciate that the user interface 125 can also include devices remote from the specific location. For example, the user could interact with their home while traveling via a telephone, a web browser, or an app on their cell phone or tablet”, [0073], “The systems can be controlled by the user whether the user is present in the house or remotely by contacting the agent from afar. For instance, the user could tell the agent, "Turn on the driveway light" from within the house or from another city using a telephone or other communicating device”, [0067], “user’s preferences” for associated devices, [0077], “The second category is the entertainment home automation category. This category implies the presence of interaction rule objects for the complete control of televisions and other home entertainment devices. This category includes the control of entertainment systems found in the household” and “For example: "Go to channel 1323"; "What's on Turner Classic tonight?" or "Record all Frasier episodes that haven't been recorded before". These examples also imply the presence of a television or entertainment center control module capable of responding to the natural language input” where user preferences set for entertainment devices within home represents determined device information associated with user account and home location of user account when accessed remotely). It would have been obvious to one skilled in the art at the time of the invention to modify the teachings of Oliver with the teachings of Ehsani to provide home location automation with selective media devices (see Ehsani, [0004], [0077]).
The combination further teaches
determining, using the hardware processor, a plurality of media content items are available for playback (see Oliver, [0055], [0086], “search for available songs that match this vibe and automatically add any such songs to the playlist for playback at an event”);
determining a set of media content items of the plurality of media content items that are from a content source the user has access to via the streaming device or the mobile device (see Oliver, see Oliver, [0025], [0055], [0086], user subscription to streaming media service allows user to search and access music to stream from subscribing moderator device, representing mobile device);
causing, using the hardware processor, an interactive recommendation interface to be presented on the mobile device that includes respective selectable elements for the set of media content items, at least one of the respective selectable elements configured to, in response to selection, initiate playback of a corresponding media content item on the streaming device (see Oliver, [0030] – [0031], [0038], “detect media devices” that are “connected to” same network, [0048], [0061], “request that participant device 502-1 begin streaming the song when the song is up for playback in playlist 408” via “user interface”, representing interactive recommendation, to interact with “collaborative playlist” where moderator device, representing mobile device, allows participant device, representing streaming device, to stream song on playlist) and at least one of the respective selectable elements configured to, in response to selection, initiate playback of a corresponding media content item on the mobile device (see Oliver, [0034], [0037] – [0038], “Moderator 410 may utilize a user interface provided by the moderator device 404” and “Songs added to playlist 408 by moderator device 404 may be played by moderator” where moderator accesses playlist functions through user interface on moderator device to play selected songs represents initiate playback on the mobile device).
For claims 2, 12, the combination teaches determining that a second search term within the search query falls within a timing category that implies a time that corresponds with a particular time (see Ehsani [0077], where query “What’s on Turner Classic tonight?” determines second search term “tonight” as a timing category), wherein the plurality of media content items that are available for playback at the mobile device or the streaming device at the home location at the implied time (see Ehsani, [0077], determine timing category for user search query for smart devices and executing requests to play media content).
For claims 3, 13, the combination teaches further comprising selecting at least one media content item, for the set of media content items based on popularity information associated with each of the plurality of media content items (see Oliver, [0089], “Moderator device 404 may select and add songs of this genre to playlist 408 for playback at the event based on the ascertained collective popularity of this genre of songs”).
For claims 4, 14, the combination teaches wherein at least one media content item of the plurality of media content items is available from a content source not currently available to the user via the mobile device or the streaming device (see Oliver, [0025], [0044], where user/moderator that has yet to subscriber to a service with a desired song represents item available from a content source but is not yet currently available to the user) wherein the method further comprises:
selecting at least one media content item for inclusion in the set based on the popularity information associated with the content source, wherein the at least one media content item included in interactive the recommendation interface with a respective selectable element configured to provide access to the content source in response to selection (see Oliver, [0089] – [0091] “user interface” to “add songs” that have a notable “popularity”).
For claims 5, 15, the combination teaches wherein determining a content source is a content source the user has access to includes determining that the content source is live content source that is available to the streaming device or the mobile device at the home location (see Oliver, [0025], “user 108 may access (e.g., stream) media content…by way of the service” includes live content to stream via the specific service; see Ehsani, [0077], control interaction with selected content available at home location).
For claims 6, 16, the combination teaches wherein determining a content source is a content source the user has access to includes determining that the content source is available via an application installed on the mobile device (see Oliver, [0027], “a collaborative playlist facility 112 may include a software application (e.g., a "mobile app") installed and configured to be executed by a media device 102”).
For claims 7, 17, the combination teaches wherein determining a content source is a content source the user has access to includes determining that the content source is an on-demand content source available to the streaming device (see Oliver, [0022] “subscribing to a server that provides the media content” includes on-demand content).
For claims 8, 18, the combination teaches wherein the streaming device is a media device that is at or near the home location information associated with the user account (see Ehsani, [0077], “The second category is the entertainment home automation category. This category implies the presence of interaction rule objects for the complete control of televisions and other home entertainment devices. This category includes the control of entertainment systems found in the household”).
For claims 9, 19, the combination teaches wherein the interactive recommendation interface includes one or more recommendation reasons that a media content item in the set of media content items was selected (see Oliver, [0064], where “ratings” associated with selected songs represents recommendation reasons).
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oliver et al., US 2013/0191454 (hereinafter Oliver) and Ehsani et al., US 2014/0108019 (hereinafter Ehsani) and further in view of Davis et al., US 2009/0089352 (hereinafter Davis).
For claims 10, 20, Davis teaches further comprising ranking the plurality of media content items based on popularity information and likelihood of access via the device, wherein the set of media content items are selected based on the ranking (see Davis, [0040], [0055], [0062], “In one embodiment, the selection criteria may use popularity of the multimedia stream, popularity of the GU, popularity of the event/topic, location…for the selection of the multimedia stream to be rendered on the CU's receiving device”, [0113], [0105] – [0106], “real-time and historical data on CUs and their preferences to personalize interactive multimedia environments”, [0132], “ranking…based on prior history of each the user” where ranking based on popularity and prior history of user interaction with media content represents ranking based on popularity and likelihood of access). It would have been obvious to one skilled in the art at the time of the invention to modify the teachings of Oliver with the teachings of Davis to recommend multimedia content based on user preferences and trending media (see Davis, [0008], “creating a distributed real-time Network that can be searched, filtered and dynamically managed to change from one live multimedia feed to another depending on topic, capturing or consuming Users, preferences, popularity, importance and interests of a user, feedback from the site of capture such as the location”).
Response to Amendments and Arguments
Applicant’s arguments with respect to claim(s) rejected under 35 U.S.C. 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
AbiEzzi et al., US 2005/0132405.
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/JENSEN HU/Primary Examiner, Art Unit 2169