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 .
Amendment
This Office Action is made in response to amendment, filed 8/11/2025. Applicant has amended claims 1, 18, 20, 26 and 27. Claim 17 is canceled.
Response to Arguments
Applicant’s arguments see “Remarks”, made in an Amendment”, filed 8/11/2025.
With respect to Claim Rejections - 35 U.S.C. §103, the Applicant submits that the amended features of claim 1 are not taught or suggested in the cited references. In response, the Examiner agrees and finds Patterson (US 2021/0272599) to teach these new features (see rejections below). The Applicant also amended independent claims 26 and 27 similar to independent claim 1.
The Applicant submits that amended independent claims 1, 26, and 27 and their respective dependent claims are in condition for allowance over the cited references for at least these reasons. In response, with respect to the applicant arguments of claims 1, 26, and 27 and their respective dependent claims, have been fully considered but they are moot in view of the new grounds of rejection (see rejections below).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5, 9-16, 18-22, and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Erdmann et al., Pat No US 10,440,435 (hereafter Erdmann) and further in view of Seth Haberman, Pub No US 2008/0077955 (hereafter Haberman) and further in view of Patterson et al., Pub No US 2021/0272599 (hereafter Patterson).
Regarding Claim 1, Erdmann discloses a computer-implemented method for video processing [FIG.4, col.3, lines 58-63: Discloses method of processing video.] comprising:
receiving, from a website, a request for video content, wherein the request includes context data [col.4, lines 28-32: Discloses utilizing a web page to make search requests for video content; and col.7, lines 27-33: Discloses the search request goes to a media server (server receives the request). The search request may define or specify context associated with the search request, such as an identification of the video content being rendered, the current frame or frames in the video content, a region in one or more frames of the video content corresponding to where an intent to search was expressed, and so on.];
accessing, from a server, a library of short-form videos [FIG.2: Illustrates Client Devices (elements 206a-N) accessing from a Media Server (element 227) a Video Content Library (element 237); and col.4, lines 47-52: Discloses the video content library (element 237) includes video content such as movies, television shows, video clips (short-form videos), and/or other forms of video content The video content includes accompanying audio, closed captioning text, and/or other data.];
searching the library of short-form videos for a related short-form video, wherein the searching is based on the context data [col.7, lines 27-33: Discloses the search request may define or specify context associated with the search request, such as an identification of the video content being rendered, the current frame or frames in the video content, a region in one or more frames of the video content corresponding to where an intent to search was expressed, and so on.]; and
populating the video in the website, wherein the populating provides a link to the related short-form video [col.4, lines27-32: Discloses an electronic commerce system (element 230) may generate network content such as web pages that are provided to client devices (elements 206a-N) for the purposes of consumption; and FIG.2, col.4, line 37: Illustrates stored location data (element 254); and col.5, lines 22-25: Discloses the location data (element 254) may provide additional information about locations (link) featured in the video content; and col.7, lines 50-54: Discloses content access application (element 263) causes the received information to be presented to the user. The received information may be presented (populating the video) by the same client device (element 206) that is rendering the video content (element 103) or by a different client device (element 206 - i.e., a second screen).];
Erdmann does not explicitly disclose creating a new video segment based on the related short-form video; and populating the new video segment in the website (emphasis added to distinguish the elements not taught by Haberman). However, in analogous art, Haberman discloses in paragraph 0055 creating a number of media segments (e.g., video clips, audio clips, graphics, background music, etc.) that relate to the particular topics [para.0055]. Paragraph 0075 discloses a media generation application may transmit a query to information sources for updated media segments. In response to receiving the updated media segments, the media generation application may update the previously assembled commercial by inserting the retrieved media segments into the commercial template and present the updated commercial to the audience. The media generation application may replace previously retrieved media segments with the newly received media segments. Alternatively, the media generation application may assemble a new version of the commercial using the newly received media segments. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Erdmann with creating a new video segment based on the related short-form video, as taught by Haberman in order to yield predictable result such as providing better control of distributing to consumer desired content and targeting it to the desired audience ensuring reception a specific piece of media content [Haberman: para.0003]. It is noted that Haberman also teaches a media generation application that receives from an information source such as a website, a linked website, a third-party website, a cellular provider, etc. [para.0009].
The combined teachings of Erdmann and Haberman do not explicitly disclose performing object recognition on the new video segment to determine a temporal point where a product or service is introduced; and editing the new video segment based on the temporal point. However, in analogous art, Patterson discloses in paragraph [0004] users can supply video to be edited, and the editing functionality can identify specific content and film-based classification of video segments within the supplied video. And further discloses machine learning functionality is configured to edit user video based at least in part on narrative generation and temporal event recognition. This paragraph supports both recognition of content and temporal event recognition. Paragraph [0007] discloses configured to transform the video input into a semantic embedding space and classify the transformed video into at least contextual categories and spatial layout categories; edit automatically segments of the video input; link or interleave video segments including the edited segments based at least in part on the categories to generate a sequencing of video. This paragraph supports object/semantic recognition and automatic editing of segments. Paragraph [0011] discloses transforming, the video input into a semantic embedding space, responsive to execution of the at least one automatic editing function; classifying the transformed video into at least one of contextual categories or spatial layout categories; editing automatically segments of the video input; linking or interleaving video segments including the edited segments based at least in part on the contextual categories to generate a sequencing of video; and generating a rough-cut video output including the sequencing of video. This paragraph disclose recognition, classification and editing segments based on the recognition. Paragraph [0062] discloses a set of neural network classifiers are employed to identify video segments based on spatial layout dependent categories/classification. These categorizations can be used to identify like video segments, and the similar segments can be selected, grouped, and/or sequence to develop narrative based automatic editing. This paragraph discloses the use of classifiers to detect temporal points/segments and edit/sequence accordingly. Paragraph [0063] discloses highlighted sections of each clip were automatically identified as interesting or important sections by the system's computer vision algorithms and/or classifiers. The final remixed clip arranged from processing the identified clips (e.g., the system generates trimmed clip segments and selecting an ordering of the trimmed clips to present video with narrative progression). This paragraph supports detecting temporal points of interest and using them to trim/edit clips. Thus, Patterson discloses object recognition/classification [para(s).0004, 0007, 0011, 0062, 0064, 0067], temporal point/event identification [para(s).0004, 0064, 0066] and editing triggered by temporal point [para(s).0007, 0011, 0062, 0063, 0066]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Erdmann and Haberman with these features, as taught by Patterson in order to yield predictable result such as providing significant enhancement in hardware and video implementation [para.0002].
Regarding Claim 2, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim I and Erdmann further discloses wherein the populating of the new video segment is accomplished by a floating video player, banner ad, rich media ad format, video player, or container unit [col.4, lines27-32: Discloses an electronic commerce system (element 230) may generate network content such as web pages that are provided to client devices (elements 206a-N).; and col.5, lines 38: Discloses video player; col.9, lines 5-7: Discloses information may be encoded for presentation to the user as an overlay (a container unit) on top of at least a portion of the video content.].
Regarding Claim 3, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 2 and Erdmann further discloses wherein the populating the new video segment partially overlays a video playing on the website [col.9, lines 5-7: Discloses information may be encoded for presentation to the user as an overlay on top of at least a portion of the video content.].
Regarding Claim 4, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 2 and Haberman further discloses wherein the new video segment promotes the related short-form video [para.0055: Discloses for example, an advertiser may be hired to create and produce one or more commercials (short-form video) for a particular politician. The advertiser may create a number of media segments (related short-form video - e.g., video clips, audio clips, graphics, background music, etc.) that relate to the particular politician (promotes), such as media segments on particular topics for the politician, a theme song for the politician, multiple images of the politician, etc. The advertiser may, using the media generation application, upload the media segments and additional information to the database. These media segments may be inserted into media slots in a commercial template.]. This claim is rejected on the same grounds as claim 2.
Regarding Claim 5, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 4 and Haberman further discloses wherein the new video segment is a portion of the related short-form video [para.0030: Discloses media segments may include portions of video where the media segments are inserted into the media slots of a commercial template (new related short-form video).]. This claim is rejected on the same grounds as claim 4.
Regarding Claim 9, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 1 and Haberman further discloses wherein the related short-form video provides, to a user, a coupon for a product, service, or event [para.0075: Discloses information sources may include a new incentive (a coupon) or a deal on a product.]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 10, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 1 and Erdmann further discloses wherein the library includes metadata associated with the related short-form video [FIG.2: Illustrates metadata (elements 238, 253) in the datastore (element 212); and col.4, lines 34-35: Discloses the data stored in the data store (element 212) includes a video content library (element 237) that stores video content (element 103) and video/audio metadata (elements 238, 253).].
Regarding Claim 11, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 1 and Erdmann further discloses wherein the library includes advertising information [col.3, lines 14-16: Discloses selection of a shirt icon may cause information about products (advertising information) shown in the video content to be presented; and col.4, lines 42-46: Discloses item data (element 236) may include (all advertisement information) titles, descriptions, weights, prices, quantities available, export restrictions, customer reviews, customer ratings, images, videos, version information, availability information, shipping information, and/or other data.].
Regarding Claim 12, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 1 and Erdmann further discloses wherein the searching further comprises targeting a preferred audience [col.3, lines 17-18: Discloses search results may be personalized or filtered for corresponding limited demographics (targeting a preferred audience).]; and Haberman further discloses [para.0057: Discloses creating and assembling media content for a target audience; and para.0068: Discloses the user data may be further broken down into user demographic data, demonstrating what types of users make up the audience.]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 13, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 12 and Haberman further discloses wherein the targeting is based on celebrity participation in the related short-form video [para.0055: Discloses an advertiser may be hired to create and produce one or more commercials for a particular politician. The advertiser may create a number of media segments (e.g., video clips, audio clips, graphics, background music, etc.) that relate to the particular politician (a celebrity). Such as media segments on particular topics for the politician (celebrity participation), a theme song for the politician, multiple images of the politician, etc. The advertiser may, using the media generation application, upload the media segments and additional information to the database.]. This claim is rejected on the same grounds as claim 12.
Regarding Claim 14, the combined teachings of Erdmann, Haberman and Patterson the method of claim 1 and Erdmann further discloses further comprising evaluating the related short-form video [col.14, lines 11-12: Discloses performing an image analysis (evaluating) on the search region in at least one frame of the video content to identify the item.].
Regarding Claim 15, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 14 and Erdmann further discloses wherein the evaluating is based on recommendations, likes, closed-captioned text, or user activity on a social media platform [col.4, lines 50-52: Discloses the video content may include accompanying audio, closed captioning text, and/or other data.]; and Haberman further discloses [claim 12, para.0078: Discloses recommendation may include multiple selectable options (evaluating) for updating the previously assembled commercial. Using received feedback to present recommendation options to the user for assembling a different version of the commercial, wherein the recommendation options (option evaluation) include at least one of: recommended media segments, recommended assembled commercials, a recommended advertisement group, a recommended time slot, a recommended television program, a recommended demographic.]. This claim is rejected on the same grounds as claim 14.
Regarding Claim 16, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 15 and Erdmann further discloses further comprising detecting that a product, service, or product category related to the context data is highlighted in the related short-form video [col.2, lines 43-45: Discloses highlighting overlay (e.g., a box, shading) may indicate that the user has already purchased the identified item.].
Regarding Claim 18, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 1 and Haberman further discloses wherein the editing is based on a specified time before and time after a related product, service, or product category is highlighted in the related short-form video [para.0056: Discloses each media segment may have one or more metadata tags (a specified time before and time after a related product) associated with it and the editing/assembly software package may retrieve media segments having the corresponding metadata characteristics. The metadata may affect how media content is sequenced (highlighted), the primary audio segments and how it is married to the video segments, the background audio track and how it is married to the video segments, etc.]. This claim is rejected on the same grounds as claim 17.
Regarding Claim 19, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 18 and Haberman further discloses wherein the time before and time after the related product are different [para.0030-0031: Discloses information source, such as a website, may upload media segments relating to the information source (e.g., media segments relating to products sold on the website, new product descriptions, new product graphics, inventory information, etc.). The media generation application uses the received microtrend information to select the appropriate media segments to update a previously created commercial (the time before and time after the related product are different).]. This claim is rejected on the same grounds as claim 18.
Regarding Claim 20, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 1 and Erdmann further discloses wherein the editing is based on speech recognition [col.4, lines 9-12: Discloses an item identification service (element 218) may execute audio recognition and/or image recognition processes applied relative to one or more frames of the video content to identify the item(s).].
Regarding Claim 21, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 1 and Erdmann further discloses further comprising selecting, from a sponsor library, a sponsored overlay [col.8, lines 63-67 and col.9, lines1-2: Discloses search application may query one or more search engines operated by third parties (sponsors) using a search query formulated from the identified item. If a product logo (sponsor overlay) is visible in the video content, products from that corresponding brand will be ranked higher in the selection result.]; and Haberman further discloses [para.0027: Discloses users of the media generation application may include, for example, advertisers, marketers, users at a corporate headquarters, users at a field office, users at a subsidiary of a parent company, a cable operator, a service provider, a content provider, a multiple cable system operator (MSO), etc.]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 22, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 21 and Erdmann further discloses wherein the new video segment is rendered on the website within boundaries of the sponsored overlay [col.4, lines 29: Discloses web pages; col.8, lines 63-67 and col.9, lines1-2: Discloses a product logo (sponsor overlay) is visible in the video content (within boundaries).].
Regarding Claim 24, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 21 and Erdmann further discloses wherein the selecting is based on context data [col.2, lines 22- : Discloses a search (selecting) of a database can be executed for the items. The search produces additional information about the items or a listing of products relevant to the items. This information can be presented in a user interface on the same display as the video content; and col.7, lines 27-32: Discloses search request may define or specify context associated with the search request.].
Regarding Claim 25, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 21 and Haberman further discloses wherein the selecting is based on detecting that a product, service, or product category related to the context data is highlighted in the related short-form video [para.0030: Discloses in an example, example, an information source, such as a website, may upload media segments relating to the information source (e.g., media segments relating to products sold on the website, new product descriptions (context data), new product graphics (context data), inventory information (context data), etc.).]. This claim is rejected on the same grounds as claim 21.
Regarding Claim 26, Erdmann a computer program product embodied in a non-transitory computer readable medium for video processing, the computer program product comprising code which causes one or more processors [col.11, lines 20-27: Discloses software or code can be embodied in any non-transitory computer-readable medium for use by or in connection with an instruction execution system such as, for example, a processor.] to perform operations of:
receiving, from a website, a request for video content, wherein the request includes context data [col.4, lines 28-32: Discloses utilizing a web page to make search requests for video content; and col.7, lines 27-33: Discloses the search request goes to a media server (server receives the request). The search request may define or specify context associated with the search request, such as an identification of the video content being rendered, the current frame or frames in the video content, a region in one or more frames of the video content corresponding to where an intent to search was expressed, and so on.];
accessing, from a server, a library of short-form videos [FIG.2: Illustrates Client Devices (elements 206a-N) accessing from a Media Server (element 227) a Video Content Library (element 237); and col.4, lines 47-52: Discloses the video content library (element 237) includes video content such as movies, television shows, video clips (short-form videos), and/or other forms of video content The video content includes accompanying audio, closed captioning text, and/or other data.];
searching the library of short-form videos for a related short-form video, wherein the searching is based on the context data [col.7, lines 27-33: Discloses the search request may define or specify context associated with the search request, such as an identification of the video content being rendered, the current frame or frames in the video content, a region in one or more frames of the video content corresponding to where an intent to search was expressed, and so on.];
populating the video in the website, wherein the populating provides a link to the related short-form video [col.4, lines27-32: Discloses an electronic commerce system (element 230) may generate network content such as web pages that are provided to client devices (elements 206a-N) for the purposes of consumption; and FIG.2, col.4, line 37: Illustrates stored location data (element 254); and col.5, lines 22-25: Discloses the location data (element 254) may provide additional information about locations (link) featured in the video content; and col.7, lines 50-54: Discloses content access application (element 263) causes the received information to be presented to the user. The received information may be presented by the same client device (element 206) that is rendering the video content (element 103) or by a different client device (element 206 - i.e., a second screen).].
Erdmann does not explicitly disclose creating a new video segment based on the related short-form video; and populating the new video segment in the website (emphasis added to distinguish the elements not taught by Haberman). However, in analogous art, Haberman discloses in paragraph 0055 creating a number of media segments (e.g., video clips, audio clips, graphics, background music, etc.) that relate to the particular topics [para.0055]. Paragraph 0075 discloses a media generation application may transmit a query to information sources for updated media segments. In response to receiving the updated media segments, the media generation application may update the previously assembled commercial by inserting the retrieved media segments into the commercial template and present the updated commercial to the audience. The media generation application may replace previously retrieved media segments with the newly received media segments. Alternatively, the media generation application may assemble a new version of the commercial using the newly received media segments. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Erdmann with creating a new video segment based on the related short-form video, as taught by Haberman in order to yield predictable result such as providing better control of distributing to consumer desired content and targeting it to the desired audience ensuring reception a specific piece of media content [Haberman: para.0003]. It is noted that Haberman also teaches a media generation application that receives from an information source such as a website, a linked website, a third-party website, a cellular provider, etc. [para.0009].
The combined teachings of Erdmann and Haberman do not explicitly disclose performing object recognition on the new video segment to determine a temporal point where a product or service is introduced; and editing the new video segment based on the temporal point. However, in analogous art, Patterson discloses in paragraph [0004] users can supply video to be edited, and the editing functionality can identify specific content and film-based classification of video segments within the supplied video. And further discloses machine learning functionality is configured to edit user video based at least in part on narrative generation and temporal event recognition. This paragraph supports both recognition of content and temporal event recognition. Paragraph [0007] discloses configured to transform the video input into a semantic embedding space and classify the transformed video into at least contextual categories and spatial layout categories; edit automatically segments of the video input; link or interleave video segments including the edited segments based at least in part on the categories to generate a sequencing of video. This paragraph supports object/semantic recognition and automatic editing of segments. Paragraph [0011] discloses transforming, the video input into a semantic embedding space, responsive to execution of the at least one automatic editing function; classifying the transformed video into at least one of contextual categories or spatial layout categories; editing automatically segments of the video input; linking or interleaving video segments including the edited segments based at least in part on the contextual categories to generate a sequencing of video; and generating a rough-cut video output including the sequencing of video. This paragraph disclose recognition, classification and editing segments based on the recognition. Paragraph [0062] discloses a set of neural network classifiers are employed to identify video segments based on spatial layout dependent categories/classification. These categorizations can be used to identify like video segments, and the similar segments can be selected, grouped, and/or sequence to develop narrative based automatic editing. This paragraph discloses the use of classifiers to detect temporal points/segments and edit/sequence accordingly. Paragraph [0063] discloses highlighted sections of each clip were automatically identified as interesting or important sections by the system's computer vision algorithms and/or classifiers. The final remixed clip arranged from processing the identified clips (e.g., the system generates trimmed clip segments and selecting an ordering of the trimmed clips to present video with narrative progression). This paragraph supports detecting temporal points of interest and using them to trim/edit clips. Thus, Patterson discloses object recognition/classification [para(s).0004, 0007, 0011, 0062, 0064, 0067], temporal point/event identification [para(s).0004, 0064, 0066] and editing triggered by temporal point [para(s).0007, 0011, 0062, 0063, 0066]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Erdmann and Haberman with these features, as taught by Patterson in order to yield predictable result such as providing significant enhancement in hardware and video implementation [para.0002].
Regarding Claim 27, Erdmann a computer system [FIG.2: Illustrates computing environment comprising multiple computer systems (elements - 206a-N, 218, 215, 230, 227).] for video processing, comprising:
a memory which stores instructions [col.11, lines 20-27: Discloses software or code can be embodied in any non-transitory computer-readable medium.];
one or more processors coupled to the memory wherein the one or more processors, when executing the instructions which are stored [col.11, lines 20-27: Discloses software or code can be embodied in any non-transitory computer-readable medium for use by or in connection with an instruction execution system such as, for example, a processor.], are configured to:
receive, from a website, a request for video content, wherein the request includes context data [col.4, lines 28-32: Discloses utilizing a web page to make search requests for video content; and col.7, lines 27-33: Discloses the search request goes to a media server (server receives the request). The search request may define or specify context associated with the search request, such as an identification of the video content being rendered, the current frame or frames in the video content, a region in one or more frames of the video content corresponding to where an intent to search was expressed, and so on.];
access, from a server, a library of short-form videos [FIG.2: Illustrates Client Devices (elements 206a-N) accessing from a Media Server (element 227) a Video Content Library (element 237); and col.4, lines 47-52: Discloses the video content library (element 237) includes video content such as movies, television shows, video clips (short-form videos), and/or other forms of video content The video content includes accompanying audio, closed captioning text, and/or other data.];
search the library of short-form videos for a related short-form video, wherein searching is based on the context data [col.7, lines 27-33: Discloses the search request may define or specify context associated with the search request, such as an identification of the video content being rendered, the current frame or frames in the video content, a region in one or more frames of the video content corresponding to where an intent to search was expressed, and so on.];
populate the video segment in the website, wherein populating provides a link to the related short-form video [col.4, lines27-32: Discloses an electronic commerce system (element 230) may generate network content such as web pages that are provided to client devices (elements 206a-N) for the purposes of consumption; and FIG.2, col.4, line 37: Illustrates stored location data (element 254); and col.5, lines 22-25: Discloses the location data (element 254) may provide additional information about locations (link) featured in the video content; and col.7, lines 50-54: Discloses content access application (element 263) causes the received information to be presented to the user. The received information may be presented by the same client device (element 206) that is rendering the video content (element 103) or by a different client device (element 206 - i.e., a second screen).].
Erdmann does not explicitly disclose create a new video segment based on the related short-form video; and populate the new video segment in the website (emphasis added to distinguish the elements not taught by Haberman). However, in analogous art, Haberman discloses in paragraph 0055 creating a number of media segments (e.g., video clips, audio clips, graphics, background music, etc.) that relate to the particular topics [para.0055]. Paragraph 0075 discloses a media generation application may transmit a query to information sources for updated media segments. In response to receiving the updated media segments, the media generation application may update the previously assembled commercial by inserting the retrieved media segments into the commercial template and present the updated commercial to the audience. The media generation application may replace previously retrieved media segments with the newly received media segments. Alternatively, the media generation application may assemble a new version of the commercial using the newly received media segments. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Erdmann with creating a new video segment based on the related short-form video, as taught by Haberman in order to yield predictable result such as providing better control of distributing to consumer desired content and targeting it to the desired audience ensuring reception a specific piece of media content [Haberman: para.0003]. It is noted that Haberman also teaches a media generation application that receives from an information source such as a website, a linked website, a third-party website, a cellular provider, etc. [para.0009].
The combined teachings of Erdmann and Haberman do not explicitly disclose perform object recognition on the new video segment to determine a temporal point where a product or service is introduced; and edit the new video segment based on the temporal point. However, in analogous art, Patterson discloses in paragraph [0004] users can supply video to be edited, and the editing functionality can identify specific content and film-based classification of video segments within the supplied video. And further discloses machine learning functionality is configured to edit user video based at least in part on narrative generation and temporal event recognition. This paragraph supports both recognition of content and temporal event recognition. Paragraph [0007] discloses configured to transform the video input into a semantic embedding space and classify the transformed video into at least contextual categories and spatial layout categories; edit automatically segments of the video input; link or interleave video segments including the edited segments based at least in part on the categories to generate a sequencing of video. This paragraph supports object/semantic recognition and automatic editing of segments. Paragraph [0011] discloses transforming, the video input into a semantic embedding space, responsive to execution of the at least one automatic editing function; classifying the transformed video into at least one of contextual categories or spatial layout categories; editing automatically segments of the video input; linking or interleaving video segments including the edited segments based at least in part on the contextual categories to generate a sequencing of video; and generating a rough-cut video output including the sequencing of video. This paragraph disclose recognition, classification and editing segments based on the recognition. Paragraph [0062] discloses a set of neural network classifiers are employed to identify video segments based on spatial layout dependent categories/classification. These categorizations can be used to identify like video segments, and the similar segments can be selected, grouped, and/or sequence to develop narrative based automatic editing. This paragraph discloses the use of classifiers to detect temporal points/segments and edit/sequence accordingly. Paragraph [0063] discloses highlighted sections of each clip were automatically identified as interesting or important sections by the system's computer vision algorithms and/or classifiers. The final remixed clip arranged from processing the identified clips (e.g., the system generates trimmed clip segments and selecting an ordering of the trimmed clips to present video with narrative progression). This paragraph supports detecting temporal points of interest and using them to trim/edit clips. Thus, Patterson discloses object recognition/classification [para(s).0004, 0007, 0011, 0062, 0064, 0067], temporal point/event identification [para(s).0004, 0064, 0066] and editing triggered by temporal point [para(s).0007, 0011, 0062, 0063, 0066]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Erdmann and Haberman with these features, as taught by Patterson in order to yield predictable result such as providing significant enhancement in hardware and video implementation [para.0002].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Erdmann et al., Pat No US 10,440,435 (hereafter Erdmann) and further in view of Seth Haberman, Pub No US 2008/0077955 (hereafter Haberman) and further in view of Patterson et al., Pub No US 2021/0272599 (hereafter Patterson) and further in view of Foerster et al., Pat No US 10,440,435 (hereafter Foerster).
Regarding Claim 6, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 5, the combination does not explicitly disclose wherein the new video segment is selected based on an engagement score for a plurality of portions of the related short-form video (emphasis added to distinguish the elements not taught by the combination). However, in analogous art, Foerster discloses (col.11, lines 44-58) an Identification component (element 110) can employ various algorithms and look-up tables to influence identification or selection of video frame/segments (portions) based on the user engagement scores respectively associated therewith. For example, identification component (element 110) can be configured to identify the video frame or segment associated with the lowest user engagement score with respect to the other video frames/segments of the video. In another example, identification component (element 110) can be configured to identify a number N (e.g., three, five, ten, etc.) of the video frames/segments associated with the N lowest user engagement scores. In another example, identification component (element 110) can rank respective segments or frames of the video based on the user engagement scores associated therewith (e.g., from highest score to lowest score or vice versa). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Erdmann, Haberman and Patterson with video segment is selected based on an engagement score, as taught by Foerster in order to yield predictable result such as providing determining user engagement for analyzing frames/segments a video [Foerster: col.1, lines .25-28].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Erdmann et al., Pat No US 10,440,435 (hereafter Erdmann) and further in view of Seth Haberman, Pub No US 2008/0077955 (hereafter Haberman) and further in view of Patterson et al., Pub No US 2021/0272599 (hereafter Patterson) and further in view of Janne Aaltonen, Pub No US 2011/0119704 (hereafter Aaltonen).
Regarding Claim 7, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 4, the combination does not explicitly disclose wherein a second new video segment is simulcast to a second user simultaneously with the new video segment being shown to a first user (emphasis added to distinguish the elements not taught by the combination). However, in analogous art, Aaltonen discloses [para.0075] three different advertisements could be broadcast simultaneously by synchronizing their broadcast on different channels and the user of each terminal would receive one of the three advertisements depending on their settings, profile and rules. Thus, for example, 50,000 male viewers would view a second advertisement, 25,000 female viewers who prefer information about food would receive a third advertisement and the remaining 25,000 female viewers would receive the first, generic advertisement. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Erdmann, Haberman and Patterson wherein a second new video segment is simulcast to a second user simultaneously with the new video segment being shown to a first user, as taught by Aaltonen in order to yield predictable result such as providing means for increased revenue for advertisers ensuring users viewing commercials that are of interest [Aaltonen: para.0075].
Claims 8, 23 are rejected under 35 U.S.C. 103 as being unpatentable over Erdmann et al., Pat No US 10,440,435 (hereafter Erdmann) and further in view of Seth Haberman, Pub No US 2008/0077955 (hereafter Haberman) and further in view of Patterson et al., Pub No US 2021/0272599 (hereafter Patterson) and further in view of Yogesh Rathod, Pub No US 2022/0179665 (hereafter Rathod).
Regarding Claim 8, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim I, although Erdmann discloses information about the time place of the video content to be present [col.3, lines 12-14) and that the video content may be a live stream, the combination does not explicitly disclose wherein the related short-form video provides, to a user, a calendar entry for an upcoming livestream (emphasis added to distinguish the elements not taught by the combination). However, in analogous art, Rathod discloses [para.0028] presenting contextual advertisements based on existing calendar entries and user profile. The calendar entry may be a live stream event [para(s).0076, 0241]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Erdmann, Haberman and Patterson wherein the related short-form video provides, to a user, a calendar entry for an upcoming livestream, as taught by Rathod in order to yield predictable result such as providing advertisement to user based on store data related to user activities [Rathod: para.0002].
Regarding Claim 23, the combined teachings of Erdmann, Haberman and Patterson discloses the method of claim 21 the combination does not explicitly disclose wherein the selecting is based on a bid from an advertiser (emphasis added to distinguish the elements not taught by the combination). However, in analogous art, Rathod discloses [para.00753] a bidding process may be used to determine (select) the advertiser with the highest bid. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Erdmann, Haberman and Patterson wherein selecting is based on a bid from an advertiser, as taught by Rathod in order to yield predictable result such as providing advertisers with ability to create and manage one or more campaign and associate advertisements groups and associate advertisements [Rathod: para.0010].
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 extension fee 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 date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
RABBAT et al., (US 2019/0377756) – Discloses a search query for searching media files of a library of media files is received from an electronic device. The search query includes a user-entered search term and additional search information related to an intent of a user. The library of media files is searched for media files according to the search query [para(s).0021, 0023]. Also disclosed is that the library of media files may includes short form looping video files [para.0027].
Fisher et al., (US 2005/0229220) – Discloses a platform system, comprising an aggregation module to collect a plurality of full-length video programs from programmers, an editorial module to edit the full-length video programs to meet requirements to distribute the full-length video programs on-demand and to edit the full-length video programs to create independent short form programs corresponding to the full-length video programs, an advertising module to receive advertising content from advertisers, wherein the advertisers pay a fee to include the advertising content in the platform system and a consumer module to provide consumer services to users of the platform [para.0004].
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached on 571-272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADIL OCAK/Primary Examiner, Art Unit 2426