Prosecution Insights
Last updated: October 04, 2026
Application No. 18/009,041

AGGREGATING MEDIA CONTENT USING A SERVER-BASED SYSTEM

Non-Final OA §103
Filed
Dec 08, 2022
Priority
Jun 12, 2020 — provisional 63/038,610 +1 more
Examiner
LANGHNOJA, KUNAL N
Art Unit
2425
Tech Center
2400 — Computer Networks
Assignee
OpenTV Inc.
OA Round
3 (Non-Final)
44%
Grant Probability
Moderate
3-4
OA Rounds
4m
Est. Remaining
68%
With Interview

Examiner Intelligence

Grants 44% of resolved cases
44%
Career Allowance Rate
181 granted / 407 resolved
-13.5% vs TC avg
Strong +23% interview lift
Without
With
+23.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 2m
Avg Prosecution
16 currently pending
Career history
425
Total Applications
across all art units

Statute-Specific Performance

§101
6.6%
-33.4% vs TC avg
§103
53.6%
+13.6% vs TC avg
§102
14.8%
-25.2% vs TC avg
§112
17.3%
-22.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 407 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/03/2026 has been entered. Claim Objections Claims 8 and 18 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. Response to Arguments Applicant's arguments filed 07/21/2026 have been fully considered but they are not persuasive. With respect to independent claims, applicant argues cited reference Kelly does not teach at least "obtaining, at a server, from a content owner, a customization profile that describes a user experience related to the video; providing the customization profile to the first media platform to cause first video associated with the item of media content to be displayed via the first media platform according to the user experience of the customization profile; and providing the customization profile to the second media platform to cause second video associated with the item of media content to be displayed via the second media platform according to the user experience of the customization profile" as recited by amended claim 1. The examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, Kelly et al is used to teach limitations of obtaining, at a server, from a content owner, the video (Para. 0050-51, 0053, 0066). Wherein, the reference teaches the system 200 may include a communication device 202 configured for receiving digital content from a source user device. The digital content, in an instance, may be any content in a digital form that the user may wish to use for the posting on the multiple social media platforms. The digital content may include, but is not limited to, one or more of audio content, video content, textual content, multimedia content and sensor data. The examiner relied on Karp et al to meet limitations of a customization profile that describes a user experience related to the video (Abstract, Figure 1; Para. 42-45, 54-55); providing the customization profile to the first media platform according to the user experiences of the customization profile (Figure 1; Abstract, Para. 0039, 0045, 0054-55); and providing the customization profile to the second media platform according to the user experiences of the customization profile (Figure 1; Abstract, Para. 0039, 0045, 0054-55). Wherein, the reference teaches when bloggers post their content to the hosting website, they may use different formats for their text, voice or video data. The generating user to set visible attributes at the time of content generation, which visible attributes are then provided to the various platforms at the time of providing the content so that the content can be displayed on these platforms as intended by the generating user (Para. 0037). Accordingly, the examiner concluded that it would have been obvious to one of ordinary skill in the art to modify the reference before the effectively filing date of the claimed invention for the common knowledge purpose of allowing content creators to modify/edit information that is being displayed to end user to create more advertising opportunities. Thus, combination meets claimed limitations. 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) 1-3, 9-11, 12-14 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kelly et al (US PG Pub No. 2019/0132275), in view of Karp et al (US PG Pub No. 2015/0304447). Regarding claims 1 and 12, Kelly et al teaches a method of processing media content (Abstract; Figures 1, 4, 7 and 9), the method comprising: obtaining a content identifier associated with an item of media content, wherein the item of media content comprises a video (Para. 0050, 0051, 56 teaches receiving a plurality of target identifiers from the source user device. The target identifiers, in an instance, may be attributes that may reflect something of interest with regard to users and/or social media platforms with which the source user device may wish to share the digital content. The digital content may include, but is not limited to, one or more of audio content, video content, textual content, multimedia content and sensor data); obtaining, at a server, from a content owner, the video (Para. 0050-51, 0053, 0066) based on the content identifier, determining the customization profile, a first media platform, and a second media platform associated with the item of media content (Para. 0051, 0066. The online platform 100 may identify the plurality of social media servers of the plurality of social media platforms based on the target identifiers and processing the digital content based on a plurality of platform characteristics corresponding to the plurality of social media servers); cause first video associated with the item of media content to be displayed via the first media platform (Figures 4, 7; Para. 0050, 0053, 0059-60. Allow a source user device 414 to live stream the digital content that may be transmitted to a plurality of target user devices (such as target user device 416A, 416B, 416C) and processing the digital content based on a plurality of platform characteristics corresponding to the plurality of social media servers); and cause second video associated with the item of media content to be displayed via the second media platform (Para. 0059-60. Allow a source user device 414 to live stream the digital content that may be transmitted to a plurality of target user devices (such as target user device 416A, 416B, 416C) and processing the digital content based on a plurality of platform characteristics corresponding to the plurality of social media servers). The reference is unclear with respect to a customization profile that describes a user experience related to the video; providing the customization profile to the first media platform according to the user experiences of the customization profile; and providing the customization profile to the second media platform according to the user experiences of the customization profile. In similar field of endeavor, Karp et al teaches a customization profile that describes a user experience related to the video (Abstract, Figure 1; Para. 42-45, 54-55); providing the customization profile to the first media platform according to the user experiences of the customization profile (Figure 1; Abstract, Para. 0039, 0045, 0054-55); and providing the customization profile to the second media platform according to the user experiences of the customization profile (Figure 1; Abstract, Para. 0039, 0045, 0054-55). Therefore, it would have been obvious to one of ordinary skill in the art to modify the reference before the effectively filing date of the claimed invention for the common knowledge purpose of allowing content creators to modify/edit information that is being displayed to end user to create more advertising opportunities. Claims 2 and 13 are rejected wherein the first media platform includes a first video streaming platform, and wherein the second media platform includes a second video streaming platform (Kelly: Para. 0050-51, 0053. Instagram and Facebook). Claims 3 and 14 is rejected wherein the customization profile is based on user input associated with the item of media content (Kelly: Para. 0059 teaches at various points user input necessary to trigger or control the processes). Claims 9 and 19 are rejected wherein determining, based on the content identifier, the first media platform and the second media platform includes (Kelly: Para. 0052. the plurality of target identifiers may include a plurality of user identifiers associated with a plurality of social media platforms): obtaining a first identifier of the first media platform associated with the content identifier; determining the first media platform using the first identifier (Kelly: Para. 0052. first user identifier of the plurality of user identifiers may be associated with a first social media platform of the plurality of social media platforms); obtaining a second identifier of the second media platform associated with the content identifier; and determining the second media platform using the second identifier (Kelly: Para. 0052 a second user identifier of the plurality of user identifiers may be associated with a second social media platform of the plurality of social media platforms). Claims 10 and 20 are rejected wherein determining information associated with the item of media content presented on the first media platform; and determining, based on the information, that the item of media content is presented on the second media platform (Kelly: Para. 0053, the plurality of digital content (such as a live video) generated from the source user device may be streamed live on the plurality of social media platforms such as Facebook™, Instagram™, and/or Twitter™ in the real-time). Regarding claim 11, Kelly and Karp, the combination teaches limitations discussed with respect to claim 10. The combination is unclear with respect to wherein the information associated with the item of media content includes at least one of a channel of the first media platform on which the item of media content item is presented, a title of the item of media content, a duration of the item of media content, pixel data of one or more frames of the item of media content, and audio data of the item of media content. However, the examiner takes official notice that both concepts and advantages are well known and expected in the art. It would have been obvious to one of ordinary skill in the art to modify the combination by specifically adding the information associated with the item of media content includes at least one of a channel of the first media platform on which the item of media content item is presented, a title of the item of media content, a duration of the item of media content, pixel data of one or more frames of the item of media content, and audio data of the item of media content before the effectively filing date of the claimed invention for the common knowledge purpose of identifying/ ensuring accurate content was presented for best end user experience and collecting information for ecommerce opportunities. Claim(s) 4-6 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kelly et al, in view of Karp et al, further in view of Kulas et al (US PG Pub No. 2017/0200475) Regarding claims 4 and 15, Kelly and Karp, the combination teaches limitations discussed with respect to claims 3 and 14. The Kelly teaches various platforms as discussed above. The combination is unclear with respect to obtaining user input indicating a portion of interest in the item of media content as the item of media content is presented; and storing an indication of the portion of interest in the item of media content as part of the customization profile. In similar field of endeavor, Kulas et al teaches obtaining user input indicating a portion of interest in the item of media content as the item of media content is presented (Para 0035 teaches user may select one the clips and specify tag information); and storing an indication of the portion of interest in the item of media content as part of the customization profile (Fig. 6, Para. 0050 teaches stores the tag information for the video tag. The tag information may be associated with the portion of the video sequence). Therefore, it would have been obvious to one of ordinary skill in the art to modify combination before the effectively filing date of the claimed invention for the common knowledge purpose of allowing content creators to modify/edit information that is being displayed to end user to create more advertising opportunities. Regarding claims 5 and 16, Kelly and Karp, the combination teaches limitations discussed with respect to claims 4 and 15. The combination is unclear with respect to the user input includes selection of a graphical user interface element configured to cause one or more portions of media content to be saved. In similar field of endeavor, Kulas et al teaches the user input includes selection of a graphical user interface element configured to cause one or more portions of media content to be saved (Para. 0045 teaches when the tag information has been entered and is ready for submission, it may be uploaded to server 506 and is store). 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 content creators to modify/edit information that is being displayed to end user to create more advertising opportunities. Regarding claim 6, Kelly, Karp and Kulas, the combination teaches the user input includes a comment provided in association with the item of media content using a graphical user interface of the first media platform, the second media platform, or a third media platform (Kelly teaches various media platforms as discussed above and Kulas at Fig. 2, para. 0023 teaches an area 218 allows the user to enter text for the tag). Claim(s) 7 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kelly et al, in view of Karp et al, further in view of Imbrie et al (US PG Pub No. 2017/0302613). Regarding claims 7 and 17, Kelly and Karp, the combination teaches the content identifier of the first media platform associated with the item of media content and the second media platform associated with the item of media content as discussed with respect to claims 1 and 12. The combination is unclear with respect to includes a first channel identifier indicating a first channel and a second channel identifier indicating a second channel. In similar field of endeavor, Imbrie et al teaches concept of includes a first channel identifier indicating a first channel and a second channel identifier indicating a second channel (Para. 0031 teaches source identifiers, content identifiers, and/or a retrieval frequency. The source identifiers can include domain names, web pages, URLs, IP addresses, domain names, and/or any other suitable data source identifiers that can be used by the extraction engine 110 to identify data sources from which user-submitted posts can be retrieved/received (e.g., YouTube channels, social media hashtags, etc.). The content identifiers can include keywords/key terms and/or other parameters that can be used by the extraction engine 110 to programmatically search for and/or identify data sources from which to retrieve user-submitted posts). 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 common knowledge purpose of allowing content creators to modify/edit information so that it is being displayed correctly to end user to create more advertising opportunities via different platforms. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at (571) 272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /KUNAL LANGHNOJA/Primary Examiner, Art Unit 2425
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Prosecution Timeline

Show 5 earlier events
Jan 27, 2026
Examiner Interview Summary
Feb 19, 2026
Response Filed
May 22, 2026
Final Rejection mailed — §103
Jul 01, 2026
Interview Requested
Jul 21, 2026
Response after Non-Final Action
Aug 03, 2026
Request for Continued Examination
Aug 04, 2026
Response after Non-Final Action
Aug 10, 2026
Non-Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
44%
Grant Probability
68%
With Interview (+23.1%)
4y 2m (~4m remaining)
Median Time to Grant
High
PTA Risk
Based on 407 resolved cases by this examiner. Grant probability derived from career allowance rate.

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