DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/12/2026 has been entered.
Response to Amendment
Claims 21-22, 24-39 and 41-42 are pending. Claims 1-20, 23 and 40 have been canceled.
Response to Arguments
Applicant’s arguments filed 01/12/2026 have been fully considered.
Regarding the rejection of claim 21 under 35 U.S.C. 103 as being unpatentable over Dzik (US9223830B1) in view of Svendsen et al. (US20080319833A1), Applicant argues on page 11 that Dzik and Svendsen do not teach or suggest an "interstitial message" that is generated "based at least in part on receiving the indication that the skip user event is detected" and that "includes an indication of how one or more members of the social network have interacted with the media object," on "the user device," as recited in amended claim 21.
Applicant’s arguments are not persuasive:
First, Dzik discloses "based at least in part on receiving the indication that the skip user event is detected, generating, at the processor, an interstitial message [recommendations]” by showing in [col 1 lines 55-56] the user may skip to avoid parts of the item of content that the user may not enjoy or may find too difficult; [col 2 lines 19-24] shows based on the measured presentation position of the item of content (e.g., based on the skip position of the content), the presentation analysis service may provide recommendations to the user for further items of content in which the user may be interested.
Next, Svendsen discloses “the interstitial message [recommendation] includes an indication of how one or more members of the social network have interacted with the media object” by showing in [Abstract] a group of media presentations including those identified by the recommendations provided to the user; para [0038] shows note that this may be beneficial when the user desires that the music he or she listens to be influenced only by the songs listened to by, for example, the user's friends; para [0046] shows the peer devices 14, 16 play songs (e.g., interact with the media object) and, in response, provide song recommendations to the peer device 12; para [0084] shows a determination that it is time to select the next song to stream to the user device 170-1 may be made when the user 172-1 chooses to skip to the next song.
Therefore, Dzik and Svendsen combined teaches the features above of claim 21.
As to any argument not specifically addressed, they are the same as those discussed above.
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 21-22, 26-28, 31-37 and 41-42 are rejected under 35 U.S.C. 103 as being unpatentable over Dzik (US9223830B1) in view of Svendsen et al. (US20080319833A1).
Regarding claim 21, Dzik discloses a method comprising ([col 1 lines 10-15, 51-59] shows contents include songs, movies, television programs, videos; a user may skip around to avoid parts of the item of content that the user may not enjoy):
selecting, by a processor, a subset of user-specific media objects for playback on a user device ([col 11 lines 58-59] shows a user to select a presentation position in the item of content, whether before or after the current presentation position),
wherein the media objects are a type of entertainment content selected by a user associated with the user device ([col 5 lines 40-46] shows the user computing device 102 may be capable of playing audio content. The user computing device 102 may also be capable of presenting images, video content on a display);
receiving, at the processor, an indication that a media object is to be presented for playback on the user device ([col 5 lines 40-46] shows the user computing device 102 may be capable of playing audio content. The user computing device 102 may also be capable of presenting images, video content on a display);
receiving, at the processor, a user identifier of the user ([col 9 lines 51-52] shows one or more user accounts associated with a particular user);
receiving, at the processor, information about members of a social network of the user ([col 16 lines 15-19] shows the user may select social network connections whose presentation information may be aggregated and used to generate recommendations for the user);
receiving, at the processor, an indication that a skip user event is detected on a user device before or during playback of the media object on the user device ([col 1 lines 55-56] shows the user may skip around in the item of content, for example, to consume parts of the item of content that are of particular interest to the user, or to avoid parts of the item of content that the user may not enjoy or may find too difficult);
based at least in part on receiving the indication that the skip user event is detected, generating, at the processor, an interstitial message [recommendations] ([col 2 lines 19-24] shows based on the measured presentation position of the item of content, the presentation analysis service may provide recommendations to the user for further items of content in which the user may be interested),
wherein a content of the generated interstitial message is based on the skip user event, the user identifier, and the information about the members of the social network ([col 1 lines 55-56] shows the user may skip around in the item of content, for example, to consume parts of the item of content that are of particular interest to the user, or to avoid parts of the item of content that the user may not enjoy or may find too difficult; [col 9 lines 51-52] shows one or more user accounts associated with a particular user; [col 16 lines 15-19] shows the user may select social network connections whose presentation information may be aggregated and used to generate recommendations for the user; [col 2 lines 42-48] shows the presentation analysis service may also use this aggregated presentation information to recommend adapted presentations of the content to users of the item of content (e.g., recommending supplemental content to a user) based on patterns of use of an item of content by previous users from whom presentation information has been obtained), and
transmitting, by the processor and to the user device, the interstitial message, wherein the interstitial message is configured to be provided before or during playback of the media object on the user device ([col 14 lines 18-26] shows this recommendation (3) may be transmitted over the network to the user computing device 102. The user computing device 102 may then present the recommendation via a user interface (4), and may further optionally present the item of content (5) if it was provided over the network 106.)
Dzik fails to teach:
selecting a subset of user-specific media objects for automatic playback on a user device, wherein the media objects are multiple individual media objects and of a type of entertainment content selected by a user associated with the user device; and
the skip user event skips a remainder of playback of the media object, and triggers an indication that a next media object in the subset of user-specific media objects is to be presented for automatic playback on the user device; and
the interstitial message includes an indication of how one or more members of the social network have interacted with the media object,
wherein the interstitial message is configured to be provided following the indication of the skip user event and prior to automatic playback of the next media object on the user device.
However, Svendsen discloses ([Abstract] shows streaming media presentations to user devices):
selecting a subset of user-specific media objects for automatic playback on a user device (para [0015] shows automatically selecting media to play based on recommendations from peer devices and user preferences),
wherein the media objects are multiple individual media objects and of a type of entertainment content selected by a user associated with the user device (para [0074] shows the streaming media clients skipping from one song to another); and
the skip user event skips a remainder of playback of the media object, and triggers an indication that a next media object in the subset of user-specific media objects is to be presented for automatic playback on the user device (para [0015] shows automatically selecting media to play based on recommendations from peer devices and user preferences; para [0074] shows the streaming media clients 184-1 through 184-N enable the users 172-1 through 172-N to take desired actions during playback such as skipping from one song to another; para [0084] shows a determination that it is time to select the next song to stream to the user device 170-1 when the user 172-1 chooses to skip to the next song); and
the interstitial message includes an indication of how one or more members of the social network have interacted with the media object ([Abstract] shows the central streaming media service automatically selects a next media presentation for the user from a group of media presentations including those identified by the recommendations provided to the user; para [0038] shows note that this may be beneficial when the user desires that the music he or she listens to be influenced only by the songs listened to by, for example, the user's friends; para [0046] shows the peer devices 14, 16 play songs (e.g., interact with the media object) and, in response, provide song recommendations to the peer device 12; para [0084] shows a determination that it is time to select the next song to stream to the user device 170-1 may be made when the user 172-1 chooses to skip to the next song),
wherein the interstitial message is configured to be provided following the indication of the skip user event and prior to automatic playback of the next media object on the user device ([Abstract] shows the central streaming media service automatically selects a next media presentation for the user from a group of media presentations including those identified by the recommendations provided to the user and begins streaming the next media presentation to the user device of the user; para [0040] shows the recommendation may include the title of the song, or streaming of a preview of the song; para [0074] shows the streaming media clients 184-1 through 184-N enable the users 172-1 through 172-N to take desired actions during playback such as skipping from one song to another; para [0084] shows a determination that it is time to select the next song to stream to the user device 170-1 when the user 172-1 chooses to skip to the next song.)
It would have been obvious to one of ordinary skill in the at the time the invention was effectively filed to modify the method of Dzik with the teaching of Svendsen in order to enable the users 172-1 through 172-N to take desired actions during playback such as pausing, fast-forwarding, rewinding, skipping from one song to another, or the like (Svendsen; para [0084]).
Regarding claim 22, Dzik-Svendsen as applied to claim 21 discloses the generating comprises: retrieving, from a storage device communicatively coupled to the processor, the content for the interstitial message (Dzik; [col 12 lines 22-32] shows the presentation analysis server 110 may store the presentation information to the analysis data store 112 for use in generating personalized recommendations for the user.)
Regarding claim 31, Dzik-Svendsen as applied to claim 21 discloses sending a subsequent media object to the user device while the user device presents the interstitial message (Dzik; [col 4 lines 6-14] shows the presentation analysis service may determine that a particular user is skipping to particular presentation positions at which a particular character is present in the item of content. Accordingly, the presentation analysis service may provide a recommendation to the user of the item of content that provides information about other items of content in which the particular character is present; [col 14 lines 20-23] shows a recommended item of content may retrieved from the analysis data store 112 and transmitted by the presentation analysis server 110 over the network 106 to the user computing device 102.)
Regarding claim 32, Dzik-Svendsen as applied to claim 21 discloses the interstitial message is one of a text message, an audible message, or a video message (Dzik; [col 6 lines 60-63] shows the provider computing device 108 may further present the one or more recommendations pertaining thereto in a textual format.)
Regarding claims 26-27 and 33-34, claims 27-28 and 33-34 are directed to a system. Claims 26-27 and 33-34 require limitations that are similar to those recited in the method claims 21-22 and 31-32 to carry out the method steps. And since Dzik-Svendsen discloses the method including limitations required to carry out the method steps, therefore system claims 26-27 and 33-34 would have also been obvious in view of Dzik-Svendsen combined.
Furthermore, Dzik-Svendsen discloses a system comprising: a storage device; and a processor (Dzik; [col 8 lines 19-20]).
Regarding claims 35-36, claims 35-36 are directed to one or more non-transitory computer-readable media. Claims 35-36 require limitations that are similar to those recited in the method claims 21-22 to carry out the method steps. And since Dzik-Svendsen discloses the method including limitations required to carry out the method steps, therefore system claims 35-37 and 40 would have also been obvious in view of Dzik-Svendsen combined.
Furthermore, Dzik-Svendsen discloses one or more non-transitory computer-readable media (Dzik; [col 8 lines 19-20]).
Regarding claims 28 and 37, Dzik-Svendsen as applied to claims 27 and 36 discloses the retrieved content is based at least in part on one or more of the user identifier or information about the members of the social network ([col 16 lines 15-19] shows the user may select social network connections whose presentation information may be aggregated and used to generate recommendations for the user.)
Regarding claim 41, Dzik-Svendsen as applied to claim 21 discloses the content of the interstitial message indicates a number of the members of the social network of the user who skipped playback of the media object (Dzik; [col 13 lines 21-24] shows the recommendation may identify the number of users skipped.)
Regarding claim 42, Dzik-Svendsen as applied to claim 21 discloses the content of the interstitial message includes one or more of (i) information associated with the media object, (ii) information associated with how the members of the social network of the user have interacted with the media object, or (iii) information associated with a creator of the media object (Dzik; [col 2 lines 42-48] shows the presentation analysis service may also use this aggregated presentation information to recommend adapted presentations of the content to users of the item of content (e.g., recommending supplemental content to a user) based on patterns of use of an item of content by previous users from whom presentation information has been obtained; [col 13 lines 21-24] shows the recommendation may identify the number of users skipped.)
Claims 24-25 and 29-30 and 38-39 are rejected under 35 U.S.C. 103 as being unpatentable over Dzik in view Svendsen, further in view of Laufer (US9747285B1).
Regarding claims 24, 29 and 38, Dzik-Svendsen as applied to claims 21, 26 and 35 fails to teach the generating the interstitial message is further based on a geolocation information of the user device.
However, Laufer discloses the generating the interstitial message is further based on a geolocation information of the user device ([col 12 lines 3-15; col 16 lines 33-34] shows to provide targeted advertisements (“ads”) and/or promotions to users when the musical performance is at or in proximity to the geographic location of the user; [col 17 lines 32-34] shows the system can recommend or suggest to music fans entertainment events that may be held in the future based on their past event attendance history.)
It would have been obvious to one of ordinary skill in the at the time the invention was effectively filed to modify the method of Dzik-Svendsen with the teaching of Laufer in order to recommend or suggest to music fans entertainment events that may be held in the future based on their past event attendance history (Laufer; [col 17 lines 32-34]).
Regarding claims 25, 30 and 39, Dzik-Laufer as applied to claims 24, 29 and 38 discloses:
comparing, at the processor, the geolocation information of the user device and a location of a future live performance by an artist associated with the first media object; and determining, at the processor, that a difference between the geolocation information of the user device and the location of the future live performance is less than a threshold, in response to a determination that the difference is less than the threshold, the generating the interstitial message includes information about the future live performance (Laufer; [col 12 lines 3-15; col 16 lines 33-34] shows to provide targeted advertisements (“ads”) and/or promotions to users when the musical performance is at or in proximity to the geographic location of the user; [col 17 lines 32-34] shows the system can recommend or suggest to music fans entertainment events that may be held in the future based on their past event attendance history. Claim 14 shows the entertainment requestor is within a threshold geographic distance of the physical venue.)
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.
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/TAN DOAN/Primary Examiner, Art Unit 2445