DETAILED ACTION
Status of Claims
This communication is the final action on the merits in response to the amendments and arguments filed on September 4, 2025. Claims 21, 23-24, 27, 31, 33-34, and 37 were amended. Claims 38-40 were canceled. Claims 41-43 were added. Claims 21-37 and 41-43 are currently pending and have been examined.
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 .
Claim Objections
Claims 24 and 31 are objected to because of the following informalities:
Claim 24: “(Previously Presented)” should read “(Currently Amended)”;
Claim 31: “a second type of notifications for the second of user” should read “a second type of notifications for the second type of user”;
Claim 35: “The system of claim 35” should read “The system of claim 31.”
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 21-37 and 41-43 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Claims 21-30 and 41-43 are directed to a process. Claims 31-37 are directed to a machine. As such, each claim is directed to a statutory category of invention.
Step 2A Prong 1
The examiner has identified independent Claim 31 as the claim that represents the claimed invention for analysis and is similar to independent Claims 21.
Independent Claim 31 recites the following abstract ideas: “receiving, at a first time , data indicating a plurality of performers of a cast of a media asset; provide for display, to a user and during a consumption session occurring a second time that is later than the first time, the media asset, wherein the consumption session is associated with a first profile of the user with a content provider that is providing the media asset, wherein the first profile indicates a second profile of the user , and wherein the first profile is stored ; cause an image of a portion of the displayed media asset to be captured; based at least in part on received input , transmit a request to post a message in association with the second profile of the user, wherein the message comprises the captured image of the portion of the media asset, and the transmitting enables to access the message ; receive an indication that a response to the message associated with the second profile has been received ; determine, based on an indication received , whether the response to the message has been received from a profile of a first type of user or a profile of a second type of user, wherein the first type of user is a performer included in the plurality of performers of the cast of the media asset, and wherein the second type of user is a regular user; and provide, at the user, based on an indication received , a first notification or a second notification based on the determining, wherein: when the response is received from the profile of the first type of user, provide the first notification to the user, wherein an appearance of the first notification is based on an appearance of a first type of notifications for the first type of user, and wherein the appearance of the first type of notifications differs from an appearance of a second type of notifications for the second of user, and when the response is received from the profile of the second type of user, provide the second notification to the user, wherein the appearance of the second notification is based on the second type of notifications for the second type of user.”
The limitations, as drafted, are a process that, under its broadest reasonable interpretation, relates to managing personal behavior or relationships or interactions between people including social activities (i.e., provide media, capture an image of a portion of the media, transmit a request to post a message comprising the captured image, enabling others to access the message, receive a response to the message, determine whether the response to the message has been received from a first type of user or a second type of user, provide a notification based on the determining) of the abstract idea of sharing and receiving content between users. If a claim limitation, under its broadest reasonable interpretation, relates to managing personal behavior or relationships or interactions between people including social activities, then it falls within the “Certain Methods of Organizing Human Activity” grouping of abstract ideas.
Accordingly, the claim recites an abstract idea.
Step 2A Prong 2
This judicial exception is not integrated into a practical application. Limitations that are not indicative of integration into a practical application include: (1) Adding the words “apply it” (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea (MPEP 2106.05(f)), (2) Adding insignificant extra-solution activity to the judicial exception (MPEP 2106.05(g)), (3) Generally linking the use of the judicial exception to a particular technological environment or field of use (MPEP 2106.05(h)). In particular, the claim recites the additional elements of a system comprising computer memory and control circuitry, content provider and social network servers, a device, a social network platform, a user interface element, an API call, a plurality of devices, and a user interface. The computer hardware is recited at a high level of generality (i.e., receiving, processing, transmitting, and displaying information) such that it amounts to no more than mere instructions to implement an abstract idea. Accordingly, these additional elements, when considered separately and as an ordered combination, do not integrate the abstract idea into a practical application, since they do not involve improvements to the functioning of a computer or to any other technology or technical field (MPEP 2106.05(a)), they do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), they do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and they do not apply or use the abstract idea in some other meaningful way beyond generally linking its use to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e)). Therefore, the claim is directed to an abstract idea without a practical application.
Step 2B
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when considered separately and as an ordered combination, they do not add significantly more (also known as an “inventive concept”) to the exception. The additional elements of using computer hardware (a system comprising computer memory and control circuitry, content provider and social network servers, a device, a social network platform, a user interface element, an API call, a plurality of devices, and a user interface) amounts to no more than mere instructions to implement an abstract idea in a conventional manner. Further, the additional elements of using computer hardware, per MPEP 2106.05(d)(ii), are elements that describe well-understood, routine, conventional activities, for example, receiving or transmitting data over a network, and storing and retrieving information in memory. Mere instructions to implement an abstract idea on or with the use of generic computer components cannot provide an inventive concept. Therefore, the claim is not patent-eligible.
Dependent claims 22, 30, and 32 recite “a selectable option.” The additional element is a generic computer interface element used to implement the abstract idea, and it does not integrate the abstract idea into a practical application, nor is it sufficient to amount to significantly more than the abstract idea when considered both individually and as an ordered combination.
Dependent claims 23-29, 33-37, and 41-43 do not include any additional elements beyond those identified above. They further define the abstract idea that is present in their respective independent claims and hence are abstract for at least the reasons presented above. As such, they do not integrate the abstract idea into a practical application, nor are they sufficient to amount to significantly more than the abstract idea when considered both individually and as an ordered combination.
Therefore, dependent claims 22-30, and 32-37, and 41-43 are directed to an abstract idea, and do not include additional elements that integrate the abstract idea into a practical application, or that are sufficient to amount to significantly more than the abstract idea. Thus, the aforementioned claims are not patent-eligible.
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, 23-24, 27-29, 31, 33-34, and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Schneiderman et al. (US-20140188997) in view of Lin et al. (US-20170171138) and Twyman et al. (US-9668023).
Claim 21 (and Similarly Claim 31)
Schneiderman teaches the following limitations:
A computer-implemented method comprising: receiving, at a first time and at one or more content provider servers, data indicating a plurality of performers of a cast of a media asset ([0030] the system may consist of a large collection of media (e.g., recorded media) that can be consumed by users; [0062] The media module 303 receives either live media, media that is broadcast or pre-recorded media for viewing by one or more users of an online community, for example, a social network. In some implementations, the media module 303 hosts media via an online service; [0086] the metadata-determination module 319 determines metadata (e.g., knowledge) associated with a media clip. The metadata-determination module 319 provides a knowledge layer on top of each clip. In some instances, metadata has already been added to media within some online services; [0006] These and other implementations may each optionally include one or more of the following features in the system… ii) link commentary to particular entities specified by metadata within the media, wherein the media is at least one of video, audio, and text, and an entity in the video includes at least one of a group of 1) a specific actor; [0037] A user may select media from a directory combined with a search box… the user may search for scenes that combine various actors and/or dialog. Such a search would use metadata extracted by face recognition and/or speech recognition);
providing for display, to a user and during a consumption session occurring at a device a second time that is later than the first time, the media asset, wherein the consumption session is associated with a first profile of the user with the one or more content provider servers of a content provider that is providing the media asset, and wherein the first profile indicates a second profile of the user with a social network platform ([0030] the system may consist of a large collection of media (e.g., recorded media) that can be consumed by users; [0029] a user A may watch a motion picture ("movie"), add commentary to it, at specific points to label a particularly interesting portion or entity in the movie and may share it with user B. A notification about the commentary by user A is generated and provided to user B (e.g., a friend or associate of user A). User B may view the commentary on a network (by which user B is connected to user A, for example, a social network); [0048] The media-commentary application 106 or certain components of it may be stored in a distributed architecture in one or more of the social network server 102, the third party server 134, and the user device 115. In some implementations, the media-commentary application 106 may be included, either partially or entirely, in one or more of the social network server 102, the third party server 134, and the user device 115);
causing an image of a portion of the displayed media asset to be captured ([0029] a user A may watch a motion picture ("movie"), add commentary to it, at specific points to label a particularly interesting portion or entity in the movie and may share it with user B; [0030] the system may consist of a large collection of media (e.g., recorded media) that can be consumed by users. Users may embed, add, attach, or link commentary or provide labels at chosen points of play, positions or objects within a piece or item of media, for example, indicating a person (e.g., who may be either static or moving or indicated in three-dimensional form). The positions or objects may be any physical entities that are static or moving in time. As an example, a particular user may want to comment on an actor's wardrobe in each scene in a movie);
based at least in part on received input… transmitting a request… to post a message on the social network in association with the second profile of the user, wherein the message comprises the captured image of the portion of the media asset, and the transmitting enables a plurality of devices to access the message via the social network platform ([0029] a user A may watch a motion picture ("movie"), add commentary to it, at specific points to label a particularly interesting portion or entity in the movie and may share it with user B. A notification about the commentary by user A is generated and provided to user B (e.g., a friend or associate of user A). User B may view the commentary on a network (by which user B is connected to user A, for example, a social network). The commentary may include a "clip" featuring the particularly interesting portion or entity in the movie. An entity in video-based media may be a specific actor, a subject, an object, a location, audio content, a scene in the media; [0030] Users may embed, add, attach, or link commentary or provide labels at chosen points of play, positions or objects within a piece or item of media, for example, indicating a person (e.g., who may be either static or moving or indicated in three-dimensional form). The positions or objects may be any physical entities that are static or moving in time. As an example, a particular user may want to comment on an actor's wardrobe in each scene in a movie. The user may then select members of a social network with whom to share the specific comments (e.g., friends or acquaintances));
receiving an indication… that a response to the message associated with the second profile has been received on the social network platform ([0029] User B may view user A's commentary, and may respond with his or her own thoughts or comments; [0031] a user may respond to existing commentary; [0032] the system allows users to respond to commentary. For example, a user posts commentary that states that he sees a ghost in the video and another user responds that the ghost is just someone in a bed sheet. Also, the system may send a notification to users (e.g., via email, instant messaging, social stream, video tag, etc.) when commentary is posted to the media);
providing, at a user interface of the device of the user, by the one or more content provider servers based on an indication received from the social media platform, a first notification or a second notification ([0030] Notifications may be generated and transmitted for display on a computing or communication device used by users. In some instances, the notifications may be processed in several ways. In some implementations, notifications may be received from users when they post commentary. In some implementations, notifications may be received when the commentary is added. In some implementations, notifications may be provided via software mechanisms including by email, by instant messaging, by social network operating software, by operating software for display of a notification on a user's home screen on the computing or communication device; [0032] the system allows users to respond to commentary. For example, a user posts commentary that states that he sees a ghost in the video and another user responds that the ghost is just someone in a bed sheet. Also, the system may send a notification to users (e.g., via email, instant messaging, social stream, video tag, etc.) when commentary is posted to the media; [0075] The sharing module 311 shares the media commentary to one or more users of an online community, for example, a social network. In some implementations, the sharing module 311 sends notifications to one or more users of the online community. For example, the sharing module 311 sends a notification to one or more users via one or more email, instant messaging, social network post, blog post, etc.)
However, Schneiderman does not explicitly teach the following limitations:
based at least in part on received input via a user interface element provided by way of an application programming interface (API) call transmitted from the one or more content provider servers to one or more social network servers of the social network platform, transmitting a request, from the one or more content provider servers to the one or more social network servers,
receiving an indication, at the one or more content provider servers from the one or more social network servers,
determining, based on an indication received from the social network servers, whether the response to the message has been received from a social network profile of a first type of user or a social network profile of a second type of user, wherein the first type of user is a performer included in the plurality of performers of the cast of the media asset, and wherein the second type of user is a regular user; and
providing… a first notification or a second notification based on the determining, wherein: when the response is received from the social network profile of the first type of user, providing the first notification to the user, wherein an appearance of the first notification is based on an appearance of a first type of notifications for the first type of user, and wherein the appearance of the first type of notifications differs from an appearance of a second type of notifications for the second type of user, and when the response is received from the social network profile of the second type of user, providing the second notification to the user, wherein the appearance of the second notification is based on the second type of notifications for the second type of user.
Lin, in the same field of endeavor, teaches the following limitations:
based at least in part on received input via a user interface element provided by way of an application programming interface (API) call transmitted from the one or more content provider servers to one or more social network servers of the social network platform, transmitting a request, from the one or more content provider servers to the one or more social network servers ([0063] The system 600 includes one or more user devices 610, one or more external systems 620, a social networking system (or service) 630, and a network 650… the social networking system 630 is operated by a social network provider, whereas the external systems 620 are separate from the social networking system 630 in that they may be operated by different entities. In various embodiments, however, the social networking system 630 and the external systems 620 operate in conjunction to provide social networking services to users (or members) of the social networking system 630; [0064] The user device 610 comprises one or more computing devices that can receive input from a user and transmit and receive data via the network 650… the user device 610 interacts with the social networking system 630 through an application programming interface (API); [0074] the social networking system 630 enables users to interact with each other as well as external systems 620 or other entities through an API; [0084] The API request server 634 allows one or more external systems 620 and user devices 610 to call access information from the social networking system 630 by calling one or more API functions. The API request server 634 may also allow external systems 620 to send information to the social networking system 630 by calling APIs),
receiving an indication, at the one or more content provider servers from the one or more social network servers ([0063] The system 600 includes one or more user devices 610, one or more external systems 620, a social networking system (or service) 630, and a network 650… the social networking system 630 is operated by a social network provider, whereas the external systems 620 are separate from the social networking system 630 in that they may be operated by different entities. In various embodiments, however, the social networking system 630 and the external systems 620 operate in conjunction to provide social networking services to users (or members) of the social networking system 630; [0064] The user device 610 comprises one or more computing devices that can receive input from a user and transmit and receive data via the network 650… The user device 610 is configured to communicate via the network 650. The user device 610 can execute an application, for example, a browser application that allows a user of the user device 610 to interact with the social networking system 630; [0074] The social networking system 630 is also capable of linking a variety of entities. For example, the social networking system 630 enables users to interact with each other as well as external systems 620 or other entities through an API, a web service, or other communication channels; [0084] The API request server 634 allows one or more external systems 620 and user devices 610 to call access information from the social networking system 630 by calling one or more API functions. The API request server 634 may also allow external systems 620 to send information to the social networking system 630 by calling APIs. The external system 620, in one embodiment, sends an API request to the social networking system 630 via the network 650, and the API request server 634 receives the API request. The API request server 634 processes the request by calling an API associated with the API request to generate an appropriate response, which the API request server 634 communicates to the external system 620 via the network 650. For example, responsive to an API request, the API request server 634 collects data associated with a user, such as the user's connections that have logged into the external system 620, and communicates the collected data to the external system 620),
This known technique is applicable to the system of Schneiderman as they both share characteristics and capabilities, namely, they are directed to social networking and sharing content between different systems. One of ordinary skill in the art, before the effective filing date of the claimed invention, would have recognized that applying the known technique of Lin would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Lin to the teachings of Schneiderman would have yielded predictable results because the level of one of ordinary skill in the art would have known to incorporate such features (i.e., communicating between the different systems that are working together, and using APIs to communicate between the different servers) into similar systems.
Lin further teaches the following limitations:
determining, based on an indication received from the social network servers, whether the response to the message has been received from a social network profile of a first type of user or a social network profile of a second type of user, wherein the first type of user is a performer… and wherein the second type of user is a regular user ([0031] The event broadcast module 104 can support a broadcast of an event by a broadcaster through an associated page on a social networking system to various users constituting audience members. The event broadcast module 104 can allow an administrator of a page associated with the broadcaster to conduct a live broadcast of an event managed by the broadcaster. The broadcast can be implemented as a real time (or near real time) stream of the event as the event transpires to client computing devices associated with the users. The stream can include video, audio, or both relating to the event... The stream can be provided to users for consumption through various platforms running on a client computing devices, such as an app provided by the social networking system or a web browser; [0033] the event monitoring module 106 can determine event information relating to a level of participation for the event. Participation in an event can include different types of activities in relation to the event, such as online attendance with respect to the event, interactions with a broadcaster of the event as the event transpires, interactions with other users who are participating in the event, liking the event, commenting on the event, sharing the event, etc.; [0032] the event monitoring module 106 can determine event information relating to the identities and location of users participating in the event. An identification of a user can be determined from account information associated with an account through which the user participates in the event; [0035] The event monitoring module 106 also can identify certain categories of users who are participating in the event. A user constituting a verified entity can correspond to an entity that has been verified based on a verification process performed by the social networking system to be whom or what the entity purports to be. The verified entity can be associated with at least one of a public figure, a brand, a company, business, an organization, etc. The verified entity can, for instance, correspond to an official account at the social networking system for a real-world public figure, brand, company, business, organization, etc. In one example, the verified entity can correspond to a public figure, such as a celebrity); and
providing… a first notification or a second notification based on the determining, wherein: when the response is received from the social network profile of the first type of user, providing the first notification to the user, wherein an appearance of the first notification is based on an appearance of a first type of notifications for the first type of user, and wherein the appearance of the first type of notifications differs from an appearance of a second type of notifications for the second type of user, and when the response is received from the social network profile of the second type of user, providing the second notification to the user, wherein the appearance of the second notification is based on the second type of notifications for the second type of user ([0039] the notifications module 108 can provide a notification to a user that a connection of the user is also participating in the event. In addition, based on the information, the notifications module 108 can provide a notification to one or more users participating in the event as well as to the broadcaster when a verified entity, topic authority, expert, or influencer is participating in the event. Such a notification can convey that the verified entity, authority, expert, or influencer is participating in the event; [0052] The connection module 204 can provide notifications to a broadcaster regarding connections of the broadcaster who are participating in an event or to a user regarding connections of the user who are participating in the event. The connection module 204 can provide notifications regarding connections based on a determination of participation of connections in the event by the event monitoring module 106. For example, the connection module 204 can provide notifications to the broadcaster identifying connections who are within a selected number of degrees of separation from the broadcaster in a social networking system; [0053] The verified entity module 206 can provide a notification to a broadcaster or to users participating in an event regarding participation of a verified entity in the event. The verified entity module 206 can provide notifications regarding verified entities based on a determination of participation of verified entities in the event by the event monitoring module 106. The notification can identify the verified entity to the broadcaster or to the user; [0056] FIG. 3 illustrates an example user interface 302 presented on a screen of a computing device of a broadcaster of a broadcasted event or a user participating in the event... As the event transpires, the broadcaster or the user can receive notifications about other users who are participating in the event. A notification 308 is presented in the user interface 302 to indicate that a user has joined the event. As shown, the notification 308 indicates that a high profile user, such as a verified entity, topic authority, expert, or influencer, has joined the event. In other scenarios, a notification can be presented that indicates that another user has joined the event, such as a connection of the broadcaster or the user; [0048] the summary and suggestions module 112 can present to a broadcaster a list of users who were in online attendance with the event. In some embodiments, the summary and suggestions module 112 can provide a segmentation by user category of the users who were in online attendance. For example, the summary and suggestions module 112 can present a list of connections of the broadcaster who were in attendance. As another example, the summary and suggestions module 112 can present a list of verified entities, topic authorities, experts, or influencers, or any combination of the foregoing, to the broadcaster).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the content sharing system of Schneiderman with the limitations taught by Lin. One of ordinary skill in the art would have been motivated to make this modification for the benefit of discerning between various types of contributing users, to gain the opportunity to interact with and/or acknowledge a certain type of user such as a famous personality (Lin – [0026]).
However, Schneiderman, in combination with Lin, does not explicitly teach the following limitations:
wherein the first type of user is a performer included in the plurality of performers of the cast of the media asset,
Twyman, in the same field of endeavor, teaches the following limitations:
wherein the first type of user is a performer included in the plurality of performers of the cast of the media asset (Col. 1 Lines 20-27 Systems and methods are described herein for presenting relevant and timely social chatter by a featured person in a live video. For example, if a live broadcast of an award ceremony, such as the Academy Awards, is being displayed, and a celebrity, such as Leonardo DiCaprio is depicted in a corresponding live video, the systems and methods described herein may present relevant and timely social chatter by Leonardo DiCaprio; Col. 3 Lines 3-7 For example, if Leonardo DiCaprio updated a social media component he maintains on the social media platform Twitter, this update may be generated for display simultaneously with the Academy Award broadcast),
Twyman shows that a non-regular type of user who is a performer included in a cast of a media asset of interest was known in the prior art before the effective filing date of the claimed invention. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function, but in the very combination itself; that is, in the substitution of the non-regular type of user who is a performer included in a cast of a media asset of interest of Twyman for the non-regular type of user who is a performer in general of Lin. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Claim 23 (and Similarly Claim 33)
Schneiderman further teaches the following limitations:
further comprising: receiving text input via an overlay provided on top of the displayed media asset ([0033] the commentary may be written comments, but may also take other forms such as... a graphic overlay on top of the (visual) media; [0034] A comment can be a text comment that may be included in the media. For instance, a user creates a text that states "This is my favorite part" and may be displayed on a video during a specific scene); and
causing the text input to be included in the message along with the captured image of the portion of the media asset ([0033] the commentary may be written comments, but may also take other forms such as... a graphic overlay on top of the (visual) media; [0034] A comment can be a text comment that may be included in the media. For instance, a user creates a text that states "This is my favorite part" and may be displayed on a video during a specific scene).
Claim 24 (and Similarly Claim 34)
Schneiderman further teaches the following limitations:
automatically populating… media asset… based on metadata of the media asset or based on historical social network posts of the second profile ([0086] the metadata-determination module 319 determines metadata (e.g., knowledge) associated with a media clip. The metadata-determination module 319 provides a knowledge layer on top of each clip. In some instances, metadata has already been added to media within some online services. In some implementations, the metadata-determination module 319 adds a knowledge layer to clips that are shared to help begin a conversation. For example, metadata may provide interesting information about the media (e.g., the actor's line in this movie was completely spontaneous));
causing… text to be included in the message along with the captured image of the portion of the media asset ([0033] the commentary may be written comments, but may also take other forms such as... a graphic overlay on top of the (visual) media; [0034] A comment can be a text comment that may be included in the media. For instance, a user creates a text that states "This is my favorite part" and may be displayed on a video during a specific scene).
Twyman further teaches the following limitations:
automatically populating an overlay provided on top of the displayed media asset with text based on metadata of the media asset or based on historical social network posts of the second profile (Col. 1 Lines 20-31 Systems and methods are described herein for presenting relevant and timely social chatter by a featured person in a live video. For example, if a live broadcast of an award ceremony, such as the Academy Awards, is being displayed, and a celebrity, such as Leonardo DiCaprio is depicted in a corresponding live video, the systems and methods described herein may present relevant and timely social chatter by Leonardo DiCaprio. Timely and relevant social chatter may be social chatter initiated by Leonardo DiCaprio immediately before, during, or immediately after the Academy Awards were filmed, and may be filtered to only include thoughts that are relevant to the Academy Awards ceremony; Fig. 1; Col. 10 Lines 45-55 the media guidance application may, in response to determining that the person of interest has modified the social media component within a predefined period of time, provide information relating to a modification of the social media component simultaneously with the live video. For example, if Leonardo DiCaprio updated a social media component he maintains on the social media platform Twitter during the broadcast of the Academy Awards, social media update 104 may be generated for display simultaneously with the Academy Award broadcast; Col. 10 Line 66-Col. 11 Line 16 the media guidance application may determine, prior to providing the information relating to the modification of the social media component simultaneously with the live video (e.g., social media update 104), whether the modification of the social media component is relevant to the live video. If social media update 104 comprises textual data, the media guidance application may compare the textual data to metadata of media asset 102 (e.g., determine whether there is a match between words of the textual data and the metadata). For example, if, during the Academy Award ceremony described above, Leonardo DiCaprio provides a social media update to his Twitter page that states “I barely made it! There was so much traffic on the way to the Awards!,” the media guidance application may detect that the word “Awards” matches the title “Academy Awards,” and thus may determine that the social media update is relevant and should thus be populated in social media update 104); and
causing the populated text to be included in the message along with… the media asset (Col. 1 Lines 20-31 Systems and methods are described herein for presenting relevant and timely social chatter by a featured person in a live video. For example, if a live broadcast of an award ceremony, such as the Academy Awards, is being displayed, and a celebrity, such as Leonardo DiCaprio is depicted in a corresponding live video, the systems and methods described herein may present relevant and timely social chatter by Leonardo DiCaprio. Timely and relevant social chatter may be social chatter initiated by Leonardo DiCaprio immediately before, during, or immediately after the Academy Awards were filmed, and may be filtered to only include thoughts that are relevant to the Academy Awards ceremony; Fig. 1; Col. 10 Lines 45-55 the media guidance application may, in response to determining that the person of interest has modified the social media component within a predefined period of time, provide information relating to a modification of the social media component simultaneously with the live video. For example, if Leonardo DiCaprio updated a social media component he maintains on the social media platform Twitter during the broadcast of the Academy Awards, social media update 104 may be generated for display simultaneously with the Academy Award broadcast).
This known technique is applicable to the system of Schneiderman, in combination with Lin, as they both share characteristics and capabilities, namely, they are directed to modifying and sharing media content. One of ordinary skill in the art, before the effective filing date of the claimed invention, would have recognized that applying the known technique of Twyman would have yielded predictable results and resulted in an improved system. It would have been recognized that applying the technique of Twyman to the teachings of Schneiderman, in combination with Lin, would have yielded predictable results because the level of one of ordinary skill in the art would have known to incorporate such features (i.e., overlaying text onto an image or video, and including the overlaid text for display / sharing) into similar systems.
Claim 27 (and Similarly Claim 37)
Schneiderman further teaches the following limitations:
further comprising: generating metadata associating the response to the message from the first type of user or the second type of user, and the message, with a timestamp of the portion of the media asset ([0029] a user A may watch a motion picture ("movie"), add commentary to it, at specific points to label a particularly interesting portion or entity in the movie and may share it with user B; [0031] During the consumption of media, users may have the option to be notified when they reach particular embedded commentary and choose to view the commentary... a user may respond to existing commentary); and
providing for display the first notification or the second notification, during display of the portion of the media asset in a subsequent consumption session occurring at a later time than a time of the consumption session, that is selectable to access the response to the message from the first type of user or the second type of user and the message ([0029] While watching the movie, User B may view user A's commentary, and may respond with his or her own thoughts or comments; [0031] During the consumption of media, users may have the option to be notified when they reach particular embedded commentary and choose to view the commentary... a user may respond to existing commentary. The system may then become a framework for discussions among friends about specific media).
Claim 28
Schneiderman further teaches the following limitations:
wherein transmitting the request further comprises transmitting a plurality of requests to post the message on a plurality of social networks associated with the first user profile ([0028] systems and methods for sharing inline media commentary with members or users of a network (e.g., a social network or any network (single or integrated) configured to facilitate viewing of media). For example, a user may add commentary (e.g., text, audio, video, link, etc.) to live or recorded media (e.g., video, audio, text, etc.). The commentary may then be shared with members of an online community, for example, a social network, for consumption; [0046] The social network server 102a and the social network application 104 as illustrated are representative of a single social network. Each of the plurality of social network servers 102a, 102b through 102n, may be coupled to the network 105, each having its own server, application, and social graph. For example, a first social network hosted on a social network server 102a may be directed to business networking, a second on a social network server 102b directed to or centered on academics, a third on a social network server 102c (not separately shown) directed to local business, a fourth on a social network server 102d (not separately shown) directed to dating, and yet others on social network server (102n) directed to other general interests or perhaps a specific focus).
Claim 29
Schneiderman further teaches the following limitations:
further comprising causing the display of the media asset to be paused when providing the first notification or the second notification ([0031] During the consumption of media, users may have the option to be notified when they reach particular embedded commentary and choose to view the commentary... a user may respond to existing commentary; [0038] The system may present the commentary to consumers in a number of ways... The original video may also be paused and the commentary may be displayed in place of the original content or side by side with it).
Claim 41
Schneiderman further teaches the following limitations:
determining that the captured image of the portion of the media asset comprises a first performer of the plurality of performers of the cast of the media asset ([0086] the metadata-determination module 319 determines metadata (e.g., knowledge) associated with a media clip. The metadata-determination module 319 provides a knowledge layer on top of each clip. In some instances, metadata has already been added to media within some online services; [0006] These and other implementations may each optionally include one or more of the following features in the system… ii) link commentary to particular entities specified by metadata within the media, wherein the media is at least one of video, audio, and text, and an entity in the video includes at least one of a group of 1) a specific actor; [0029] a user A may watch a motion picture ("movie"), add commentary to it, at specific points to label a particularly interesting portion or entity in the movie and may share it with user B... The commentary may include a "clip" featuring the particularly interesting portion or entity in the movie. An entity in video-based media may be a specific actor, a subject, an object, a location, audio content, a scene in the media); and
… the captured image ([0029] a user A may watch a motion picture ("movie"), add commentary to it, at specific points to label a particularly interesting portion or entity in the movie and may share it with user B... The commentary may include a "clip" featuring the particularly interesting portion or entity in the movie. An entity in video-based media may be a specific actor, a subject, an object, a location, audio content, a scene in the media).
Lin further teaches the following limitations:
determining that the response is received from the social network profile of the first type of user by determining that the response is received from the social network profile of… performer ([0033] Participation in an event can include different types of activities in relation to the event, such as online attendance with respect to the event, interactions with a broadcaster of the event as the event transpires, interactions with other users who are participating in the event, liking the event, commenting on the event, sharing the event, etc.; [0032] the event monitoring module 106 can determine event information relating to the identities and location of users participating in the event. An identification of a user can be determined from account information associated with an account through which the user participates in the event; [0035] The event monitoring module 106 also can identify certain categories of users who are participating in the event. A user constituting a verified entity can correspond to an entity that has been verified based on a verification process performed by the social networking system to be whom or what the entity purports to be. The verified entity can be associated with at least one of a public figure, a brand, a company, business, an organization, etc. The verified entity can, for instance, correspond to an official account at the social networking system for a real-world public figure, brand, company, business, organization, etc. In one example, the verified entity can correspond to a public figure, such as a celebrity); and
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the content sharing system of Schneiderman with the limitations taught by Lin. One of ordinary skill in the art would have been motivated to make this modification for the benefit of discerning between various types of contributing users, to gain the opportunity to interact with and/or acknowledge a certain type of user such as a famous personality (Lin – [0026]).
Twyman further teaches the following limitations:
determining that the response is received from the social network profile of the first type of user by determining that the response is received from the social network profile of the first performer included in the [portion of the media asset] (Col. 1 Lines 20-27 Systems and methods are described herein for presenting relevant and timely social chatter by a featured person in a live video. For example, if a live broadcast of an award ceremony, such as the Academy Awards, is being displayed, and a celebrity, such as Leonardo DiCaprio is depicted in a corresponding live video, the systems and methods described herein may present relevant and timely social chatter by Leonardo DiCaprio; Col. 3 Lines 3-7 For example, if Leonardo DiCaprio updated a social media component he maintains on the social media platform Twitter, this update may be generated for display simultaneously with the Academy Award broadcast).
Twyman shows that a non-regular type of user who is a performer included in a cast of a media asset of interest was known in the prior art before the effective filing date of the claimed invention. Since each individual element and its function are shown in the prior art, albeit shown in separate references, the difference between the claimed subject matter and the prior art rests not on any individual element or function, but in the very combination itself; that is, in the substitution of the non-regular type of user who is a performer included in a cast of a media asset of interest of Twyman for the non-regular type of user who is a performer in general of Lin. Thus, the simple substitution of one known element for another producing a predictable result renders the claim obvious.
Claim 42
Schneiderman further teaches the following limitations:
further comprising… the captured image of the portion of the media asset ([0029] a user A may watch a motion picture ("movie"), add commentary to it, at specific points to label a particularly interesting portion or entity in the movie and may share it with user B... The commentary may include