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 .
The amendments were received on 2/27/2026. Claims 51-59, 61-69, and 71-72 are pending where claims 51-59, 61-69, 71, and 72 were previously presented; and claims 1-50, 60, and 70 were cancelled.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 51-59, 61-69, 71, and 72 are rejected under 35 U.S.C. 103 as being unpatentable over Koul et al [US 2016/0371534 A1] (from IDS) in view of Foote et al [US 2015/0201243 A1] (from IDS) and Sirpal et al [US 2014/0068689 A1].
With regard to claim 51, Koul teaches a method comprising: identifying a person being displayed in a live video (see paragraphs [0057]-[0058]; the system has means to recognize a person in a video that can be a live video);
wherein the social network system makes the social media space available for access to a plurality of user devices (see paragraph [0032]; the social media space is publicly accessible);
determining whether the initial update to the social media space
in response to determining that the initial update of the social media space: (a) is relevant to the live video and (b) occurred within the predetermined time period of the events depicted in the live video,
Koul does not appear to explicitly teach:
identifying a social media space of a social network system belonging to the person,
accessing the social network system to identify an initial update to the social media space belonging to the person;
determining whether the initial update of the social media space belonging to the person: (a) is relevant to the live video;
in response to determining that the initial update to the social media space is relevant to the live video, generating for display an overlay over the live video, wherein the overlay comprises the initial update to the social media space belonging to the person;
and after generating for display the overlay based on determining that the initial update to the social media space: (a) is relevant to the live video and (b) occurred within the predetermined time period of the events depicted in the live video:
in response to identifying further updates to the social media space belonging to the person:
modifying operation of the displaying the overlay over the live video such that each respective further update of the further updates to the social media space is displayed simultaneously with a respective time when the respective further update is detected.
Foote teaches identifying a social media space of a social network system belonging to the person, accessing the social network system
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the social content displaying during video consumption system of Koul by including means to access and retrieve content from the actual person in the video content as taught by Foote in order to not only retrieve information from other users but also prioritize information from the person(s) in the video since their comments are likely more relevant and related to the video than other random comments from unknown people.
Koul in view of Foote do not appear to explicitly teach:
accessing the social network system to identify an initial update to the social media space belonging to the person;
determining whether the initial update of the social media space belonging to the person: (a) is relevant to the live video;
in response to determining that the initial update to the social media space is relevant to the live video, generating for display an overlay over the live video, wherein the overlay comprises the initial update to the social media space belonging to the person;
and after generating for display the overlay based on determining that the initial update to the social media space: (a) is relevant to the live video and (b) occurred within the predetermined time period of the events depicted in the live video:
in response to identifying further updates to the social media space belonging to the person:
modifying operation of the displaying the overlay over the live video such that each respective further update of the further updates to the social media space is displayed simultaneously with a respective time when the respective further update is detected.
Sirpal teaches accessing the social network system to identify an initial update to the social media space (see paragraph [0447]; the system can update new information at the social media site including particular social media spaces).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the social content displaying during video consumption system of Koul in view of Foote by filtering and retrieving new social media content as taught by Sirpal in order to reduce the amount of data that is being retrieved/presented to the user to only updated/new information thus reducing the clutter on the display screen with stale information which in turn improves the user’s experience by seeing less information and the most up-to-date information at the same time.
Koul in view of Foote and Sirpal teach accessing the social network system to identify an initial update to the social media space belonging to the person; determining whether the initial update of the social media space belonging to the person: (a) is relevant to the live video; in response to determining that the initial update to the social media space is relevant to the live video, generating for display an overlay over the live video, wherein the overlay comprises the initial update to the social media space belonging to the person (see Sirpal, paragraph [0447]; see Foote, paragraphs [0029], [0065] and [0066]; see Koul, Figure 3 and paragraphs [0057], [0061], and [0039]; new/updated social media information associated with a person displayed in the video can be displayed and presented to the user while they are watching the video);
and after generating for display the overlay based on determining that the initial update to the social media space: (a) is relevant to the live video and (b) occurred within the predetermined time period of the events depicted in the live video: in response to identifying further updates to the social media space belonging to the person: modifying operation of the displaying the overlay over the live video such that each respective further update of the further updates to the social media space is displayed simultaneously with a respective time when the respective further update is detected (see Sirpal, paragraphs [0215]-[0218], [0240] and [0447]; see Foote, paragraphs [0029], [0065] and [0066]; see Koul, Figure 3 and paragraphs [0057], [0061], and [0039]-[0040]; new/updated social media information associated with a person displayed in the video can be displayed and presented to the user while they are watching the video with real-time updates with the updates being displayed based on their relevance to specific scenes/entities being the focus of the video; the updates can be displayed with the time too).
With regard to claim 52, Koul in view of Foote and Sirpal teach determining that the initial update to the social media space is relevant to the live video by: comparing data of the initial update to the social media space to data associated with the live video; and determining that the data of the initial update to the social media space matches data associated with the live video (see Sirpal, paragraph [0447]; see Koul, paragraphs [0052]-[0053] and [0058] and [0021]; see Foote, paragraph [0066]; the system can utilize time-based information to help ascertain whether social media updates and other information is relevant to the video including retrieving information from a person in the scene/video).
With regard to claim 53, Koul in view of Foote and Sirpal teach wherein: the data of the initial update to the social media space is textual data (see Koul, Figure 3; box 128; TEXT1); the data associated with the live video is metadata of the live video (see Koul, paragraph [0034]; metadata information about the video can be obtained); and the determining that the data of the initial update to the social media space matches data associated with the live video comprises: determining a match between at least one word of the textual data and the metadata of the live video (see Koul, paragraphs [0048]; [0037]; and [0052]; see Foote, paragraph [0066]; the system can match information from social media updates/text about specific entities and display them when that entity is being displayed).
With regard to claim 54, Koul in view of Foote and Sirpal teach wherein the metadata comprises a title of the live video (see Koul, paragraphs [0021] and [0046]; the system can retrieve information from television program guides that include title information including, for example, Oscars).
With regard to claim 55, Koul in view of Foote and Sirpal teach in response to determining that the initial update to the social media space is not relevant to the live video, refraining from generating for display the overlay over the live video (see Koul, paragraphs [0021], [0037], and [0040]; information extracted and presented to the user is based on what is being displayed in the video at that time, i.e. relevant to what is being seen by the user).
With regard to claim 56, Koul in view of Foote and Sirpal teach determining that the initial update to the social media space is not relevant to the live video by: comparing data of the initial update to the social media space to data associated with the live video; and determining that the data of the initial update to the social media space does not match data associated with the live video (see Koul, paragraphs [0021], [0037], and [0040]; information extracted and presented to the user is based on what is being displayed in the video at that time, i.e. relevant to what is being seen by the user; e.g. content associated with someone else that is not currently visible in the screen would not be shown since it is not relevant to the specific entity).
With regard to claim 57, Koul in view of Foote and Sirpal teach wherein: the data of the initial update to the social media space is textual data (see Koul, Figure 3; box 128; TEXT1); the data associated with the live video is metadata of the live video (see Koul, paragraph [0034]; metadata information about the video can be obtained);
and the determining that the data of the initial update to the social media space does not match data associated with the live video comprises: determining there is no match between at least one word of the textual data and the metadata of the live video (see Koul, paragraphs [0048]; [0037]; and [0052]; see Foote, paragraph [0066]; the system can match information from social media updates/text about specific entities and display them when that entity is being displayed; likewise, content associated with someone else that is not currently visible in the screen would not be shown since it is not relevant to the specific entity on screen or the particular show being aired).
With regard to claim 58, Koul in view of Foote and Sirpal teach wherein the metadata comprises a title of the live video (see Koul, paragraphs [0021] and [0046]; the system can retrieve information from television program guides that include title information including, for example, Oscars).
With regard to claim 59, Koul in view of Foote and Sirpal teach wherein the initial update to the social media space comprises at least one of textual data, video data, photographic data, or audio data (see Foote, paragraph [0066]; see Koul, Figure 3; see Sirpal, paragraph [0447]; the social media space can include textual updates).
With regard to claims 61-69, these claims are substantially similar to claims 51-60 and are rejected for similar reasons as discussed above.
With regard to claim 71, Koul in view of Foote and Sirpal teach wherein the identifying the person is based at least in part on the person being zoomed in on in the live video (see Koul, paragraphs [0040]; the system can identify the person that is the focus of the video when the video enlarges or focuses on that person).
With regard to claim 72, this claim is substantially similar to claim 71 and is rejected for similar reasons as discussed above.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 51, 52, 55, 56, 59, 61-62, 65, 66, and 69 are rejected on the ground of obviousness-type nonstatutory double patenting as being unpatentable over claims 1 and 6-9 of U.S. Patent No. US 9,668,023. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are drawn to substantially similar subject matter as illustrated and discussed in the table below.
#
Limitation
‘023 Limitation
‘023 #
51
A method comprising: identifying a person being displayed in a live video;
A method for presenting relevant and timely social chatter by a featured person in a live video, the method comprising: detecting, using control circuitry, a person of interest being displayed in a live video;
1
51
identifying a social media space of a social network system belonging to the person, wherein the social network system makes the social media space available for access to a plurality of user devices;
identifying an identity of the person of interest; comparing the identity of the person of interest to entries of a database of social media profiles; identifying, based on the comparing, a social media component that corresponds to the person of interest;
1
51
accessing the social network system to identify an update to the social media space belonging to the person;
determining that the person of interest has modified the social media component within a predefined period of time by:
1
51
determining whether the initial update of the social media space belonging to the person: (a) is relevant to the live video, and (b) occurred within a predetermined time period of events depicted in the live video;
and determining that the time stamp is within a predefined period of time of when the person of interest was detected in the live video;
1
51
in response to determining that the initial update of the social media space is: (a) relevant to the live video, and (b) occurred within a predetermined time period of events depicted in the live video, generating for display an overlay over the live video, wherein the overlay comprises the initial update to the social media space belonging to the person.
in response to determining that the person of interest has modified the social media component within the predefined period of time, providing information, using the control circuitry, relating to a modification of the social media component simultaneously with the live video.
1
51
After generating for display the overlay based on determining that the initial update to the social media space: (a) is relevant to the live video and (b) occurred within the predetermined time period of the events depicted in the live video: in response to identifying further updates to the social media space belonging to the person:
continuing to monitor the social media component of the person of interest for further modifications for the duration of a broadcast of the live video;
and providing the further modifications simultaneously with the live video when the further modifications are detected [Note: providing the modification/update would obviously require its identification]
8
51
Modifying operation of the displaying the overlay over the live video such that each respective further update of the further updates of the social media space is displayed simultaneously with a respective time when the respective further update is detected.
and in response to determining that the further modifications are relevant to the live video, providing the further modifications simultaneously with the live video when the further modifications are detected;
9
52
determining that the update to the social media space is relevant to the live video by: comparing data of the update to the social media space to data associated with the live video;
determining that the time stamp is within a predefined period of time of when the person of interest was detected in the live video;
1
52
and determining that the data of the update to the social media space matches data associated with the live video.
and determining that the time stamp is within a predefined period of time of when the person of interest was detected in the live video;
1
55
in response to determining that the update to the social media space is not relevant to the live video, refrain from generating for display the overlay over the live video.
and in response to determining that the modification of the social media component is not relevant to the live video, refraining from proceeding to provide the information relating to the modification of the social media component simultaneously with the live video
6
56
determining that the update to the social media space is not relevant to the live video by: comparing data of the update to the social media space to data associated with the live video; and determining that the data of the update to the social media space does not match data associated with the live video.
determining whether the modification of the social media component is relevant to the live video comprises: comparing data of the modification to data associated with the live video; determining whether the data of the modification matches the data associated with the live video;
7
59
wherein the update to the social media space comprises at least one of textual data, video data, photographic data, or audio data.
identifying, based on the comparing, a social media component that corresponds to the person of interest; determining that the person of interest has modified the social media component… [Note: it is obvious that a web-based platform that utilizes the internet and presents information about users would have at least textual data that can be updated]
1
As illustrated above, the main difference between claim 51 and the ‘023 Patent’s claim 1 relates to the actual output format where an overlay is a well-known and widely used computer graphics component for displaying information (similar to pop-up ads in Internet web browser). The limitation is recited at a high level of generality and would appear to be an obvious modification of the ‘023 patent to modify its simultaneous display to utilize a particular display technique of the social content. Similar rationale also applies to claim 60 and ‘023 Patent claim 9.
Claims 61, 62, 65, 66, and 69 are substantially similar to claims 51, 52, 55, 56, and 59 and are rejected for similar reasons as discussed above.
Claims 51, 52, 55, 56, 59, 61-62, 65, 66, and 69 are rejected on the ground of obviousness-type nonstatutory double patenting as being unpatentable over claims 1 and 7-9 of U.S. Patent No. US 10,353,972. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are drawn to substantially similar subject matter as illustrated and discussed in the table below.
#
Limitation
‘972 Limitation
‘972 #
51
A method comprising: identifying a person being displayed in a live video;
A method for presenting relevant and timely social chatter by an unknown person of interest in a video, the method comprising: detecting, using control circuitry, that a person is displayed in a live video for a threshold amount of time;
determining, using the control circuitry, based on the detecting, that the person is a person of interest;
1
51
identifying a social media space of a social network system belonging to the person, wherein the social network system makes the social media space available for access to a plurality of user devices;
identifying, using the control circuitry, based on the comparing, a social media component belonging to the person of interest;
1
51
accessing the social network system to identify an update to the social media space belonging to the person;
determining, using the control circuitry, whether the social media component belonging to the person of interest has been modified within a predefined period of time;
1
51
determining whether the update of the social media space belonging to the person: (a) is relevant to the live video, and (b) occurred within a predetermined time period of events depicted in the live video;
determining, using the control circuitry, whether the social media component belonging to the person of interest has been modified within a predefined period of time;
1
51
and in response to determining that the update of the social media space is: (a) relevant to the live video, and (b) occurred within a predetermined time period of events depicted in the live video, generating for display an overlay over the live video, wherein the overlay comprises the update to the social media space belonging to the person.
and in response to determining that the social media component belonging to the person of interest has been modified within the predefined period of time, providing, using communications circuitry, information relating to a modification of the social media component simultaneously with the live video.
1
51
After generating for display the overlay based on determining that the initial update to the social media space: (a) is relevant to the live video and (b) occurred within the predetermined time period of the events depicted in the live video: in response to identifying further updates to the social media space belonging to the person:
determining, using the control circuitry, whether the social media component belonging to the person of interest has been modified within a predefined period of time;
1
51
Modifying operation of the displaying the overlay over the live video such that each respective further update of the further updates of the social media space is displayed simultaneously with a respective time when the respective further update is detected.
and in response to determining that the social media component belonging to the person of interest has been modified within the predefined period of time, providing, using communications circuitry, information relating to a modification of the social media component simultaneously with the live video.
1
52
determining that the update to the social media space is relevant to the live video by: comparing data of the update to the social media space to data associated with the live video;
wherein determining whether the social media component belonging to the person of interest has been modified within the predefined period of time comprises: identifying a time stamp corresponding to the modification of the social media component; determining whether the time stamp is within the predefined period of time of when the person of interest was detected in the live video;
7
52
and determining that the data of the update to the social media space matches data associated with the live video.
and in response to determining that the time stamp is within the predefined period of time when the person of interest was detected in the live video, determining that the social media component belonging to the person of interest has been modified within the predefined period of time.
7
55
in response to determining that the update to the social media space is not relevant to the live video, refrain from generating for display the overlay over the live video.
and in response to determining that the modification of the social media component is not relevant to the live video, refraining from proceeding to provide the information relating to the modification of the social media component simultaneously with the live video.
8
56
determining that the update to the social media space is not relevant to the live video by: comparing data of the update to the social media space to data associated with the live video; and determining that the data of the update to the social media space does not match data associated with the live video.
wherein determining whether the modification of the social media component is relevant to the live video comprises: comparing data of the modification to data associated with the live video; determining whether the data of the modification matches the data associated with the live video; … and in response to determining that the data of the modification does not match the data associated with the live video, determining that the modification of the social media component is not relevant to the live video.
9
59
wherein the update to the social media space comprises at least one of textual data, video data, photographic data, or audio data.
In response to determining that the social media component belonging to the person of interest has been modified…
[Note: it is obvious that a web-based platform that utilizes the internet and presents information about users would have at least textual data that can be updated]
1
As illustrated above, the main difference between claim 51 and the ‘972 Patent’s claim 1 relates to the actual output format where an overlay is a well-known and widely used computer graphics component for displaying information (similar to pop-up ads in Internet web browser). The limitation is recited at a high level of generality and would appear to be an obvious modification of the ‘023 patent to modify its simultaneous display to utilize a particular display technique of the social content.
Claims 61, 62, 65, 66, and 69 are substantially similar to claims 51, 52, 55, 56, and 59 and are rejected for similar reasons as discussed above.
Claims 51, 52, 59, 61-62, and 69 are rejected on the ground of obviousness-type nonstatutory double patenting as being unpatentable over claims 1 and 8 of U.S. Patent No. US 11,275,804. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are drawn to substantially similar subject matter as illustrated and discussed in the table below.
#
Limitation
‘804 Limitation
‘804 #
51
A method comprising: identifying a person being displayed in a live video;
A method for causing a social media component to be provided, the method comprising: identifying, using control circuitry, a person of interest being represented in a content item during consumption of the content item;
1
51
identifying a social media space of a social network system belonging to the person, wherein the social network system makes the social media space available for access to a plurality of user devices;
comparing, using the control circuitry, an identifier of the person of interest to the database of social media profiles; identifying, using the control circuitry, based on the comparing, the social media component corresponding to the person of interest;
1
51
accessing the social network system to identify an update to the social media space belonging to the person;
determining, using the control circuitry, that the social media component has been modified by the person of interest using a user device during consumption of the content item;
1
51
determining whether the update of the social media space belonging to the person: (a) is relevant to the live video, (b) occurred within a predetermined time period of events depicted in the live video;
determining, using the control circuitry, that the social media component has been modified by the person of interest using a user device during consumption of the content item;
identifying a time stamp corresponding to modification of the social media component; and determining that the time stamp is within a predefined period of time of when the person of interest was being displayed in the content item during consumption of the content item
1, 8
51
and in response to determining that the update of the social media space is: (a) relevant to the live video, and (b) occurred within a predetermined time period of events depicted in the live video, generating for display an overlay over the live video, wherein the overlay comprises the update to the social media space belonging to the person.
and in response to the determining, causing, using the control circuitry, information from the social media component after modifying to be provided simultaneously with the content item.
identifying a time stamp corresponding to modification of the social media component; and determining that the time stamp is within a predefined period of time of when the person of interest was being displayed in the content item during consumption of the content item
1, 8
51
After generating for display the overlay based on determining that the initial update to the social media space: (a) is relevant to the live video and (b) occurred within the predetermined time period of the events depicted in the live video: in response to identifying further updates to the social media space belonging to the person:
determining, using the control circuitry, that the social media component has been modified by the person of interest using a user device during consumption of the content item;
1
51
Modifying operation of the displaying the overlay over the live video such that each respective further update of the further updates of the social media space is displayed simultaneously with a respective time when the respective further update is detected.
and in response to the determining, causing, using the control circuitry, information from the social media component after modifying to be provided simultaneously with the content item.
1
52
determining that the update to the social media space is relevant to the live video by: comparing data of the update to the social media space to data associated with the live video;
wherein determining that the social media component has been modified by the person of interest using the user device during consumption of the content item comprises: identifying a time stamp corresponding to modification of the social media component; and determining that the time stamp is within a predefined period of time of when the person of interest was being displayed in the content item during consumption of the content item.
8
52
and determining that the data of the update to the social media space matches data associated with the live video.
determining that the time stamp is within a predefined period of time of when the person of interest was being displayed in the content item during consumption of the content item.
8
59
wherein the update to the social media space comprises at least one of textual data, video data, photographic data, or audio data.
determining, using the control circuitry, that the social media component has been modified by the person of interest using a user device during consumption of the content item;
[Note: it is obvious that a web-based platform that utilizes the internet and presents information about users would have at least textual data that can be updated]
1
As illustrated above, the main difference between claim 51 and the ‘804 Patent’s claim 1 relates to the actual output format where an overlay is a well-known and widely used computer graphics component for displaying information (similar to pop-up ads in Internet web browser). The limitation is recited at a high level of generality and would appear to be an obvious modification of the ‘023 patent to modify its simultaneous display to utilize a particular display technique of the social content.
Claims 61, 62, and 69 are substantially similar to claims 51, 52, and 59 and are rejected for similar reasons as discussed above.
Response to Arguments
Applicant's arguments (see the first paragraph on page 8 through the first paragraph on page 10) have been fully considered but they are not persuasive. The applicant argues that the cited prior art references do not teach the amended claim limitations, in particular that Sirpal does updates are treated differently than an initial update and that the claims draw a distinction between the treatment of the initial update and the treatment of the further updates. The Examiner respectfully disagrees. The applicant, as noted above, indicated differences between the claims and the cited prior art including that the combination does not render obvious both the display of an initial update on a determination of relevancy and simultaneous display of any further updates after the first update is shown. Although the applicant indicates that the combination of prior art would incur additional time for processing updates, the independent claims were amended to indicate that after the overlay is generated and displayed the initial update, that the system, in response to further updates, “modifies operation of the displaying the overlay” so that “each respective further update is displayed simultaneously with a respective time when the respective further update is detected”. The ’identifying further updates’ does not preclude any analysis of relevancy; additionally, as seen from the 35 USC 103 rejections above, the Sirpal reference discusses determining new social media postings and can display them with a timeline view (Sirpal, paragraph 218) and being able to retrieve that media over the course of the live media/video content’s presentation with the Koul references additionally illustrating that as the video’s focus changes to particular entities, the respective social media also switches towards that entity versus an ensemble of individuals where the system finds information for the current time in social media networks (see Koul, paragraph [0049]). With regard to simultaneous display, the claim limitation mentions that each update “is displayed simultaneously with a respective time” where the prior art references teach that postings can occur with a time (See Sirpal, paragraph 218). that the postings can occur and is does not force a single update/posting to be displayed but multiple social media updates/postings can be displayed simultaneously. Therefore, as seen from the 35 USC 103 rejections above, the combination of references teach, or fairly suggest, the claim limitations as recited.
Applicant's arguments (see the second paragraph on page 10 through the last paragraph on page 10) have been fully considered but they are not persuasive. The applicant requests reconsideration of the Double Patenting rejections in view of the submitted amendments. The respective Double Patenting rejections were reviewed and updated accordingly. As such, since the respective reference patents included substantially similar limitations to the amended limitations, the respective Double Rejections still stand.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/MARC S SOMERS/Primary Examiner, Art Unit 2159 3/26/2026