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 .
Status of Claims
Claims 1-20 are pending in this Office Action.
Claims 5, 6, 8-11, 14, 19, and 20 are elected without traverse.
Claims 3, 4, 13, 17, and 18 are withdrawn from consideration without traverse.
Claims 1-2, 5-12, 14-16, and 19-20 are rejected.
Response to Arguments
Applicant's arguments filed in the amendment filed on 09/18/2025, have been fully considered but they are moot in view of new grounds of rejections. The reasons set forth below.
Drawings
The formal drawings received on 05/13/2022 have been entered.
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 (i.e., changing from AIA to pre-AIA ) 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, 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, 7, 12, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barvo et al. (Pub. No.: US 2021/0352359, hereinafter, “Barvo”) in view of Archambault et al. (Pub. No.: US 2017/0251040, hereinafter, “Archambault”).
Claims 1, 12, 15. Barvo teaches:
A method comprising: – in paragraphs [0007]-[0044], [0118]-[0121] (FIGS. 1-11, the corresponding text, and the examples provide a number of different systems, methods, and non-transitory computer readable media for providing and synchronizing co-watching digital video content to participant devices for simultaneous presentation with a consolidated live video stream.)
initiating, by a server responsive to a request from a first participant device of a plurality of participant devices that are connected to a multiuser communication session, a media playback session for the multiuser communication session, – in paragraphs [0026]-[0099] (Within the co-watching digital video content selection menu, the video co-watching system 102 provides access to selectable items of co-watching digital video content. The participant device 108a provides an indication of a user selection of co-watching digital video content to the video co-watching system 102. Based on receiving an indication to begin co-watching digital video content (e.g., via user interaction selecting co-watching digital video content during a video chat), the video co-watching system can provide access to the co-watching digital video content.)
wherein the media playback session is separate from the multiuser communication session; – in paragraphs [0026]-[0099] (Efficiently, accurately, and securely synchronize co-watching digital content session between multiple participant devices while providing live digital video chat streams across the participant devices. The video co-watching system 102 thus facilitates the participant devices 108a and 108b to message each other while simultaneously presenting co-watching digital video content via the digital media player 1004.)
generating, at the server, a network identifier corresponding to the media playback session, – in paragraphs [0026]-[0091], [0100]-[0129] (Based on receiving the indication of the user selection, the video co-watching system 102 provides a request for an encrypted co-watching digital video content identifier 404 to the third-party digital content provider system 112. In response to receiving the request, the third-party digital content provider system 112 generates and provides the encrypted co-watching digital video content identifier 402 to the video co-watching system 102.)
transmitting, by the server, the network identifier to a remainder of participant devices connected to the multiuser communication session for presentation to a user and user selection; – in paragraphs [0026]-[0099], [0120]-[0129] (Upon identifying a user selection of one of the videos from the co-watching digital video content selection menu 608 (e.g., by receiving a co-watching digital video content identifier), the video co-watching system 102 provides the co-watching digital video content identifier for the selected video to other participant devices (e.g., the participant device 108b) within the video chat to cause the other participant devices to access and present the co-watching digital video content together with the video chat. By transmitting the encrypted co-watching digital video content identifier 402 to the participant device 108b, the video co-watching system 102 causes the digital media player at the participant device 108b to access and present the co-watching digital video content indicated by the encrypted co-watching digital video content identifier 402.)
receiving, at the server and from at least a second participant device of the plurality of the participant devices, an indication of a user selection of the presentation of the network identifier at the at least the second participant device of the plurality of the participant devices; and – in paragraphs [0026]-[0099], [0120]-[0129] (The video co-watching system 102 identifies a user selection of an item of co-watching digital video content from the co-watching digital video content selection menu. Based on receiving an indication of a user selection, the video co-watching system 102 causes the participant device 108b to access and play the co-watching digital video content selected at the participant device 108a. The video co-watching system 102 receives the indication of the user selection from the third-party digital content provider system 112. The participant device 108b can transmit the encrypted co-watching digital video content identifier to the third-party digital content provider system 112 to access the co-watching digital video content. The video co-watching system 102 further performs an act 306 to identify an indication to begin co-watching.)
causing, by the server and responsive to receiving the indication of the user selection of the presentation of the network identifier, the media playback session to be initiated by causing media for the media playback session to be transmitted to the first participant device and the second participant device. – in paragraphs [0026]-[0099], [0120]-[0129] (The video co-watching system 102 further performs an act 306 to identify an indication to begin co-watching. More particularly, the video co-watching system 102 identifies a user selection of an item of co-watching digital video content from the co-watching digital video content selection menu. Based on receiving an indication of a user selection, the video co-watching system 102 causes the participant device 108b to access and play the co-watching digital video content selected at the participant device 108a. The video co-watching system 102 receives the indication of the user selection from the third-party digital content provider system 112. The synchronized digital content video chat interface can include a digital media player that presents a stream of co-watching digital video content. For example, a digital media player at a first participant device can present a first stream of the co-watching digital video content and a digital media player at a second participant device can present a second stream of the co-watching digital video content. The video co-watching system provides the digital media player as part of the synchronized digital content video chat interface for access to content associated with the video co-watching system.)
Barvo does not explicitly teach:
the network identifier comprising a link for accessing the media playback session.
However, Archambault teaches:
the network identifier comprising a link for accessing the media playback session; – in paragraphs [0028]-[0038] (The session information may include, for example, an identifier for the reference clock used to compute the time delta, the start time of the media playback session, and a Uniform Resource Identifier (URI) or other identifier that points to a specific location on the cloud synchronization server 109 or the local synchronization server 103 where the media session can be accessed by other devices.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Barvo with Archambault to include the network identifier comprising a link for accessing the media playback session, as taught by Archambault, in paragraph [0017], to synchronize playback of digital media content on multiple digital devices and to enable multiple users to listen to media at the same time on their respective devices.
Claims 7, 16. The method of claim 1 – refer to the indicated claim for reference(s).
Barvo teaches:
wherein the server causes a cloud-based database to transmit content to the first participant device and the second participant device for the media playback session. – in paragraph [0049] (As shown, the participant devices 108a-108b include a video co-watching application 110. In particular, the video co-watching application 110 may be a web application, a native application installed on the participant devices 108a-108b (e.g., a mobile application, a desktop application, a web-based browser application, etc.), or a cloud-based application where all or part of the functionality is performed by the server(s) 106. The synchronized digital content video chat interface can include a consolidated live video stream for a video chat and can also include a digital media player portraying a stream of co-watching digital video content.)
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barvo et al. (Pub. No.: US 2021/0352359, hereinafter, “Barvo”) in view of Archambault et al. (Pub. No.: US 2017/0251040, hereinafter, “Archambault”), and further in view of Patricks, Mattias A. M. (Pub. No.: US 20210/392410, hereinafter, “Patricks”).
Claim 2. The method of claim 1 – refer to the indicated claim for reference(s).
Barvo teaches:
wherein the server stores a list of media items for the media playback session, – in paragraphs [0090]-[0092] (As illustrated in FIG. 6C, the video co-watching system 102 provides and populates the co-watching digital video content selection menu 608 with items of co-watching digital video content from the video co-watching system 102. In addition (or alternatively) to enabling a participant device to initiate a co-watching session for co-watching digital video content hosted by the video co-watching system 102, the video co-watching system 102 can enable a participant device to initiate a co-watching session for co-watching digital video content hosted by a third-party system.)
Combination of Barvo and Archambault does not explicitly teach:
the method further comprising controlling, by the server, the media playback session according to the list on the first and second participant devices.
However, Patricks teaches:
the method further comprising controlling, by the server, the media playback session according to the list on the first and second participant devices. – in paragraphs [0025], [0027], [0032] (The media content server 104 stores and provides media content (also referred to as media items) (e.g., media content requested by the media application 422 of client device 102-1, 102-2, and/or 102-m, and/or the shared playback queue 103-1) to client devices 102 and/or media presentation systems 108 via the network(s) 112. The electronic device (e.g., server 104) initiates the shared playback session by generating a shared playback queue (e.g., shared playback queue 202 or shared playback queue 103-1). For example, the shared playback queue 202 (e.g., up next shared queue) is a queue that combines requests from the users that participate in the shared playback session. For example, the shared queue includes media content items requested from user 1 (e.g., the first user), media content items requested from user 2 (e.g., the second user), and media content items requested from user 3 (e.g., the third user), where user 1, user 2 and user 3 participate in the shared playback session. A server system (e.g., media content server 104) stores the shared queue(s). A a copy of the shared queue is stored at each of the client devices 102 associated with users that are participating in the shared playback session for the shared queue. The shared queue(s) are stored at one client device (e.g., a host device) that is participating in the shared playback session. FIG. 2B illustrates a plurality of queues for a shared playback session. FIG. 2B illustrates separate queues for each user participating in the shared listening session (e.g., “User 1's Queue” “User 2's Queue” and “User 3's Queue”). User 1's queue is stored at a first client device 102-1 (e.g., associated with user 1). An electronic device stores all of the queues (e.g., the user queues and the shared queue). For example, the server system (e.g., media content server 104) stores all of the queues. The respective client device of the respective user stores the user's queue and the shared queue (e.g., a copy of the shared queue).)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Barvo and Archambault with Patricks to include the method further comprising controlling, by the server, the media playback session according to the list on the first and second participant devices, as taught by Patricks, in paragraph [0004], to provide shared listening sessions, where a plurality of users can add media content to be played back to a group.
Claim(s) 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barvo et al. (Pub. No.: US 2021/0352359, hereinafter, “Barvo”) in view of Archambault et al. (Pub. No.: US 2017/0251040, hereinafter, “Archambault”), and further in view of Patricks, Mattias A. M. (Pub. No.: US 20210/392410, hereinafter, “Patricks”) and Alsina et al. (Pub. No.: US 2017/0093943, hereinafter, “Alsina”).
Claim 5. The method of claim 2 – refer to the indicated claim for reference(s).
Combination of Barvo, Archambault, and Patricks does not explicitly teach:
further comprising synchronizing, by the server, the list of media items to be transmitted to the first participant device and the second participant device for the media playback session.
However, Alsina teaches:
further comprising synchronizing, by the server, the list of media items to be transmitted to the first participant device and the second participant device for the media playback session. – in paragraphs [0006]-[0008] (A server may receive a dynamic playlist from a user and store the playlist of content on the server. In response to a request to synchronize/share the playlist, an offer could be sent to another device. If the other device accepts, the server would be responsible for syncing playback to both devices. The syncing of playback includes enabling either device (or multiple devices) to revise (e.g., add/delete/reorder) the playlist and/or control playback (e.g., play/pause/skip) of the content (e.g., songs) of the playlist.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Barvo, Archambault, and Patricks with Alsina to include further comprising synchronizing, by the server, the list of media items to be transmitted to the first participant device and the second participant device for the media playback session, as taught by Alsina, in paragraph [0020], to synchronize presentation of various versions of content in a playlist (e.g., a content stream), allowing users who are experiencing a shared content stream maintain synchronization with one another even when different versions of a particular content item are different.
Claim 6. The method of claim 2 – refer to the indicated claim for reference(s).
Combination of Barvo, Archambault, and Patricks does not explicitly teach:
further comprising synchronizing a playback position of the media items being currently transmitted to the first participant device and the second participant device for the media playback session.
However, Alsina teaches:
further comprising synchronizing a playback position of the media items being currently transmitted to the first participant device and the second participant device for the media playback session. – in paragraphs [0006]-[0008] (A server may receive a dynamic playlist from a user and store the playlist of content on the server. In response to a request to synchronize/share the playlist, an offer could be sent to another device. If the other device accepts, the server would be responsible for syncing playback to both devices. The syncing of playback includes enabling either device (or multiple devices) to revise (e.g., add/delete/reorder) the playlist and/or control playback (e.g., play/pause/skip) of the content (e.g., songs) of the playlist.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Barvo, Archambault, and Patricks with Alsina to include further comprising synchronizing a playback position of the media items being currently transmitted to the first participant device and the second participant device for the media playback session, as taught by Alsina, in paragraph [0020], to synchronize presentation of various versions of content in a playlist (e.g., a content stream), allowing users who are experiencing a shared content stream maintain synchronization with one another even when different versions of a particular content item are different.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barvo et al. (Pub. No.: US 2021/0352359, hereinafter, “Barvo”) in view of Archambault et al. (Pub. No.: US 2017/0251040, hereinafter, “Archambault”), and further in view of Krasadakis, Georgios (Pub. No.: US 2017/0289202, hereinafter, “Krasadakis”) and Asam et al. (Pub. No.: US 2012/0116883, hereinafter, “Asam”).
Claim 8. The method of claim 1 – refer to the indicated claim for reference(s).
Combination of Barvo and Archambault does not explicitly teach:
wherein the plurality of participant devices are located in a plurality of respective geographical locations.
However, Krasadakis teaches:
wherein the plurality of participant devices are located in a plurality of respective geographical locations, and – in paragraph [0015] (The two users, located in different places, establish a private music session using their mobile devices (e.g., smart phone, mobile, tablet, wearable device, laptop, gaming console, virtual reality device, or the like).)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Barvo and Archambault with Krasadakis to include wherein the plurality of participant devices are located in a plurality of respective geographical locations, as taught by Krasadakis, in paragraph [0013], to provide a music service that allows users to share music with each other using their respective mobile devices in private music sessions.
Combination of Barvo, Archambault, and Krasadakis does not explicitly teach:
wherein the method further comprises selecting, by the server, media items for inclusion in the media playback session for at least one of the plurality of participant devices based on the respective geographical location of the at least one of the plurality of participant devices.
However, Asam teaches:
wherein the method further comprises selecting, by the server, media items for inclusion in the media playback session for at least one of the plurality of participant devices based on the respective geographical location of the at least one of the plurality of participant devices. – in paragraph [0038] (The selection of which replacement advertisement content is to be incorporated into the playlist file can be based on one or more factors and/or parameters. Relevancy of advertisement content may be determined based on a user's or the CE device's geographic location (e.g., a global positioning location within the world, a country, a zip code, or other such location information), previous content viewed by a user and/or on a CE device, recent search requests, recent purchases made by a user, or other such parameters or combinations of such parameters. Other relevance parameters or factors may also be considered such as contractual obligations between the distributor and one or more other entities (e.g., the content source, a manufacturer trying to advertise, and the like), regulations, laws, playback duration, position within playback, time of day, time of year, location, and other such relevant parameters and/or factors.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Barvo, Archambault, and Krasadakis with Asam to include wherein the method further comprises selecting, by the server, media items for inclusion in the media playback session for at least one of the plurality of participant devices based on the respective geographical location of the at least one of the plurality of participant devices, as taught by Asam, in paragraph [0018], to provide technique for use in distributing multimedia content with advertisements that are more relevant to a user over a distributed network, such as the Internet, to network enabled consumer electronic (CE) devices or other such devices.
Claim(s) 9, 14, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barvo et al. (Pub. No.: US 2021/0352359, hereinafter, “Barvo”) in view of Archambault et al. (Pub. No.: US 2017/0251040, hereinafter, “Archambault”), and further in view of Weerasinghe et al. (Pub. No.: US 2021/0021407, hereinafter, “Weerasinghe”).
Claims 9, 14, 19. The method of claim 1 – refer to the indicated claim for reference(s).
Combination of Barvo and Archambault does not explicitly teach:
further comprising: determining, by the server, that one of the plurality of participant devices is ineligible to receive a given media item from a list for the media playback session; and replacing, by the server, the given media item in the list with a replacement media item.
However, Weerasinghe teaches:
further comprising: determining, by the server, that one of the plurality of participant devices is ineligible to receive a given media item from a list for the media playback session; and replacing, by the server, the given media item in the list with a replacement media item. – in paragraph [0181] (At step 704, the ACS data is applied to one or more devices. In one embodiment, step 704 includes providing content to one or more client devices 106 from the server apparatus 202 or any other component of network 200 in accordance with the policies or rules indicated in the ACS data, as described above. In one implementation, the content includes at least primary content (which may be subject to a blackout in some service areas) and an alternate content (which replaces the blacked out content in the given service areas).)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Barvo and Archambault with Weerasinghe to include further comprising: determining, by the server, that one of the plurality of participant devices is ineligible to receive a given media item from a list for the media playback session; and replacing, by the server, the given media item in the list with a replacement media item, as taught by Weerasinghe, in paragraph [0004], to distribute content to a user's or subscriber's device, which is associated to a certain geographic area.
Claim(s) 10, 11, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Barvo et al. (Pub. No.: US 2021/0352359, hereinafter, “Barvo”) in view of Archambault et al. (Pub. No.: US 2017/0251040, hereinafter, “Archambault”), and further in view of Weerasinghe et al. (Pub. No.: US 2021/0021407, hereinafter, “Weerasinghe”) and Dodson et al. (Pub. No.: US 2014/0096169, hereinafter, “Dodson”).
Claim 10. The method of claim 9 – refer to the indicated claim for reference(s).
Combination of Barvo, Archambault, and Weerasinghe does not explicitly teach:
wherein the replacement media item is selected based on a set of matching criteria including a temporal length of the given media item.
However, Dodson teaches:
wherein the replacement media item is selected based on a set of matching criteria including a temporal length of the given media item. – in paragraphs [0009], [0035], [0040] (A synchronizer may make adjustments to the playback modes of one or more client device platforms within a group watching the same media title in order to ensure synchronized playback. By way of example, if a client device platform 103 is only 12 seconds behind the remainder of the group 104, then a commercial with a 12 second run time may be substituted for a scheduled commercial that would have had a 15 second run time.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Barvo, Archambault, and Weerasinghe with Dodson to include wherein the replacement media item is selected based on a set of matching criteria including a temporal length of the given media item, as taught by Dodson, in paragraph [0020], to synchronize presentation of various versions of content in a playlist (e.g., a content stream), allowing users who are experiencing a shared content stream maintain synchronization with one another even when different versions of a particular content item are different.
Claims 11, 20. The method of claim 9 – refer to the indicated claim for reference(s).
Combination of Barvo, Archambault, and Weerasinghe does not explicitly teach:
further comprising synchronizing the media playback session for the first and second participant devices based on characteristics of the replacement media item.
However, Dodson teaches:
further comprising synchronizing the media playback session for the first and second participant devices based on characteristics of the replacement media item. – in paragraphs [0009], [0035], [0040] (A synchronizer may make adjustments to the playback modes of one or more client device platforms within a group watching the same media title in order to ensure synchronized playback. By way of example, if a client device platform 103 is only 12 seconds behind the remainder of the group 104, then a commercial with a 12 second run time may be substituted for a scheduled commercial that would have had a 15 second run time.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Barvo, Archambault, and Weerasinghe with Dodson to include further comprising synchronizing the media playback session for the first and second participant devices based on characteristics of the replacement media item, as taught by Dodson, in paragraph [0020], to synchronize presentation of various versions of content in a playlist (e.g., a content stream), allowing users who are experiencing a shared content stream maintain synchronization with one another even when different versions of a particular content item are different.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD RAZA whose telephone number is (571)272-7734. The examiner can normally be reached Monday-Friday, 7:00 A.M.-5:00 P.M..
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/MUHAMMAD RAZA/Primary Examiner, Art Unit 2449