DETAILED ACTION
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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/19/2025 has been entered.
Response to Arguments
Applicant's arguments filed 09/19/2025 have been fully considered but they are not persuasive.
With respect to independent claims, applicant argues cited references fail to teach limitations of wherein the universal graphical user interface allows accessing of the at least one content from any one of a plurality of content sources from which the at least one content is available. The examiner respectfully disagrees.
Hardy et al teaches a notification is sent to the viewer 210 by the notify user module 402. In one or more embodiments the notification includes the title of the content, a query (i.e. title and a query correspond to GUI that allows accessing of the at least one content) whether the user would like to immediately view the content (i.e. at least one content from any one of a plurality of content sources from which the at least one content is available) or a query whether the user would like to record the content for later viewing (Para. 0042).
In addition, Ellis et al also teaches wherein the universal graphical user interface allows accessing of the at least one content from any one of a plurality of content sources from which the at least one content is available. Col.14 lines 5-15 teaches when a user highlights or selects a score in scoreboard 302 (i.e. GUI that allows access to at least one content) that is associated with a game that is currently tuned, the interactive media guidance application may automatically swap the display to that tuner (i.e. the at least one content from any one of a plurality of content sources from which the at least one content is available). If the user highlights or selects a score associated with a game that is available but not currently tuned, the interactive media guidance application may tune that game on an available tuner.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Georgis (US PG Pub 2008/0134043), in view of Hardy (US PG Pub 2014/0282709), further in view of Ellis et al (US Patent No. 8,640,165).
Regarding claims 1, 8, and 15, Georgis teaches a method for providing content suggestions to users, the method comprising, at a computing device:
generating at least one profile associated with at least one client device, wherein the at least one profile is based on content consumed by at least one client device from two or more content sources that are distinct from one another ([0025-0026] user defined preference information and usage history from various content sources are gathered for generating a user profile; [0122] In undertaking the building of a profile, a number of factors can be tracked in relation to the viewing history of the user, such as source of media (e.g., viewed from broadcast, cable, satellite, DVD media, and so forth), [0191] (various content sources, such as the following: (a) movie content sources (e.g., sales, rental); (b) premium content sources (e.g., pay-per-view type services); (c) personalized content (e.g., stocks of interest, bot news feeds, blogs, etc.);
identifying at least one content that is relevant to the at least one profile ([0259-260] The recommendation engine is configured to identify at least one piece of content that the user is or has a high probability of being interested).
While Georgis teaches identifying at least one content that is relevant to the at least one profile, Georgis is silent on identifying content based on:
determining, that at least one metrics of the event is indicative of a threshold level of interest by a plurality of users, and
determining that the live broadcast intersects with the at least one profile; and in response to determining, based on the at least one profile, that the at least one client device is permitted to access the at least one content: providing a notification to the at least one client device to cause the at least one client device to generate a universal graphical user interface that: displays information associated with the at least one content, and enables the at least one client device to access the at least one content.
In analogous art, Hardy teaches identifying content based on:
determining, by analyzing an event under a live broadcast, that at least one metrics of the event is indicative of a threshold level of interest by a plurality of users ([0031] As one example, the central control system 206 may recognize that 60% of the households in a particular area are tuned to viewing a particular event, and that the vast majority of these households changed to begin viewing that event within the last 10 minutes.[0040-0041] a notification is provided to tune into the news notifying of natural disaster (hurricane), emergency (school evacuation or an accident) indicate a live program.), and
determining that the live broadcast intersects with the at least one profile ([0040] Module 406 could query a set top box for other information that suggests popular content across the geographic marketing area 314, such as content that is currently recorded on a digital video recording device, or content that is being time shifted. Module 406 then analyzes the information received from the set top box devices to predict, based on the level of popularity that content has with other viewers in the marketing area 314, whether a viewer may also be interested in that content. As the viewing of a particular content title within a marketing area 314 increases as a percentage of the overall content views, then the likelihood that a particular viewer within that marketing area 314 would also be interested in viewing the content will be greater);
and in response to determining, based on the at least one profile, that the at least one client device is permitted to access the at least one content: providing a notification to the at least one client device to cause the at least one client device to generate a universal graphical user interface that: displays information associated with the at least one content, and enables the at least one client device to access the at least one content, Hardy [0030], the central control system 206 is able to determine the video content currently being displayed through each set top box to estimate how many people are watching a particular content item, such as a movie, a news item, or special report. If the percentage of viewers within the geographic marketing area is high enough, the system will notify other viewers within the marketing area that they may be interested in viewing the content for either immediate display on display device 302 through set top box 208); [0033] personality user database for each subscriber; [0042] the notification includes the title of the content, a query whether the user would like to immediately view the content or a query whether the user would like to record the content for later viewing. wherein the universal graphical user interface allows accessing of the at least one content from any one of a plurality of content sources from which the at least one content is available ([Para. 0042] a notification is sent to the viewer 210 by the notify user module 402. In one or more embodiments the notification includes the title of the content, a query whether the user would like to immediately view the content or a query whether the user would like to record the content for later viewing).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, to combine the teachings of Georgis and Hardy, for the purpose of identifying users within a geographic/marketing area that would want to be notified if a majority of people are watching a particular content item, because there is a high likelihood that the person may be interested in that content item as well (Hardy [0006]).
Georgis and Hardy, the combination is unclear with respect to determining, by analyzing an event under a live broadcast.
In similar field of endeavor, Ellis et al teaches concept of determining, by analyzing an event under a live broadcast. In addition, the reference also teaches that at least one metrics of the event is indicative of a threshold level of interest by a plurality of users (Col.15 line 28-Col.16 line 10) AND limitations of “wherein the universal graphical user interface allows accessing of the at least one content from any one of a plurality of content sources from which the at least one content is available”(Col.14 lines 5-15 teaches when a user highlights or selects a score in scoreboard 302 that is associated with a game that is currently tuned, the interactive media guidance application may automatically swap the display to that tuner. If the user highlights or selects a score associated with a game that is available but not currently tuned, the interactive media guidance application may tune that game on an available tuner). Therefore, it would have been obvious to one of ordinary skill in the art to modify the combination before the effectively filing date of the claimed invention for the purpose of allowing viewers to efficiently switch between multiple high interest content selection.
Regarding claims 2, 9, and 16, Georgis, Hardy and Ellis, the combination teaches the at least one profile is further based on social media activities associated with the at least one profile or location information associated with the at least one profile and/or at least one client device (Georgis [0266] News and Weather: location).
Regarding claims 3, 10, and 17, Georgis, Hardy and Ellis, the combination teaches the at least one profile is further based on: frequencies at which content is consumed in association with the at least one profile, average durations by which content is consumed in association with the at least one profile, content genres that are consumed in association with the at least one profile, and content sources that are sourced in association with the at least one profile (Georgis [0122] In undertaking the building of a profile, a number of factors can be tracked in relation to the viewing history of the user, such as source of media (e.g., viewed from broadcast, cable, satellite, DVD media, and so forth), title, artist, genre, and broadcast time of a program watched by the user (e.g., beyond a threshold period such as five minutes) can be accounted for in the preferences.
Regarding claims 4, 11, and 18, while Georgis, Hardy and Ellis, the combination teaches identifying, based on the at least one profile, at least one second content that is relative to the at least one profile ([0047] sports, news, documentary, or other genre; claim 1).
While Georgis-Hardy teaches providing a second notification to the at least one client device to cause the at least one client device to generate a second graphical user interface that ([0031]), and identifying a time at which the at least one second content will be accessible to the at least one client device ([0050] if a particular media content is suggested to a user … also to assist in determining which future suggestions to present to the viewer 210 for either purchasing, viewing media content purchasing items. [0032] title names with show times to determine which content a viewer may be interested. Also [0007, 0028, 0029]), and identifying that a threshold associated with the time has been satisfied (notification is provided for [0028] purchases individual items of content from the central control system for use during a fixed period of time, for example for 48 hours. The central control system 206 typically provides a program guide list that describes what content items are available for review on what channels at what times; [0037] current and future content titles available through the central control system 206. The viewer 210 is notified if there are content matches sufficiently close to the viewer's preference so that the viewer can immediately view or schedule a recording of the matched content. The viewer 210 is notified about the matched content through the notify user module 402; [0041] a finale for a season or a series that has a large viewer following);
Georgis, Hardy and Ellis, the combination teaches the notification describes the time at which the at least one second content will be accessible, and enables the at least one client device to access the at least one second content at the time the at least one second content becomes accessible. Georgis [0028], describes purchases of individual content items which may be only viewable for a fixed period of time, i.e., 48 hours. A guide is typically provided displaying what content items are available for review on what channels at what times.
Regarding claims 5, 12, and 19, Georgis, Hardy and Ellis, the combination teaches when the event is a sporting event, the at least one metric comprises a score of the sporting event (Hardy [0016, 0027, 0041, 0047, 0052] Sporting event with increased percentage of viewers; [0016] and within a geographical marketing area); an individual performance metric of a player participating in the sporting event, or some combination thereof ([0016] the system can interact with and use information from a viewer's social media site, such as Facebook or Twitter, to determine the likes and dislikes of video content that the viewer or the viewer's friends have posted there; 0024] As another example, the system may recognize that within the greater Miami area 114 there are a large number of viewers that watch Spanish language stations and have an affinity for Spanish programming and a particular high interest in Cuban news. However, just a short distance north of the greater Miami area, the interest in such programming may approach zero so that a sharp boundary can be found by carefully examining the social media and viewing habits of users and organizing it in a database. & Ellis: Col.15 line 28-Col.16 line 10, lines 24-30).
Regarding claims 6, 13, and 20, Georgis, Hardy and Ellis, the combination teaches generating at least one other profile associated with the at least one client device (Georgis [0120] a profile developed for a home system and/or the creation of multiple profiles developed for each user of home system, in which case users might be permitted to log on to the home system).
Regarding claims 7 and 14, Georgis, Hardy and Ellis, the combination teaches the notification causes the at least one client device to display a menu that comprises a plurality of menu items for selection to enable the at least one client device to: consume the at least one content, execute a recording of the at least one content, or dismiss the menu (Hardy [0016] immediately begin viewing or to record for later viewing; [0030] the system will notify other viewers within the marketing area that they may be interested in viewing the content for either immediate display on display device 302 through set top box 208, or for recording for later viewing using the digital video recording functionality of set top box 208).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUNAL LANGHNOJA whose telephone number is (571)270-3583. The examiner can normally be reached M-F: 9:00AM - 5:00PM ET.
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/KUNAL LANGHNOJA/Primary Examiner, Art Unit 2425