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 Amendment filed on 01/26/26 has been received and entered. Application No. 18/434,653 of which claims 6, 7, 16, and 21 have been canceled. Claims 1-5, 8-15, 17-20, 22, and 23 are pending in the application, all of which are ready for examination by the examiner.
Response to Amendment
Applicant’s amendment necessitated new grounds of rejection.
Applicant’s response, filed on 01/26/26, with respect to 101 rejections directed to an abstract idea of claims 1-5, 8-15, 17-20, 22, and 23 have been fully considered but are not persuasive. The rejections are maintained.
Applicant’s response with respect to 112(b) rejections of claims 1-5, 8-15, 17-23 have been fully considered and are persuasive. The rejections are withdrawn.
This action is made final in view of the new grounds of rejection.
Response to Arguments
Applicant's arguments with respect to 35 USC § 101 rejections of claims 1-5, 8-15, 17-20, 22, and 23 have been fully considered but they are not persuasive. Applicant made the following arguments:
Regarding claims 1, 10 and 19, Applicant argues “Amended claim 1 provides technical improvements in the technical field of user interfaces for offline content management and network resource optimization. Specifically, amended claim 1 recites "responsive to determining the number of media content items exceeds the predetermined threshold, transmitting ... a request to the server for a clustering of the plurality of media content items," and "the indications are presented within the second cluster in response to determining that a number of media content items assigned to the sub-category exceeds a predetermined limit… Applicant therefore submits that claim 1 not only provides technical improvements in a technical field, but also cannot practically be performed in the human mind, and thus recites patentable subject matter by at least integrating the alleged judicial exception into a practical application”.
Examiner respectfully disagrees. claims 1, 10 and 19 recite determining whether a number of media content items of the plurality of media content items exceeds a predetermined threshold. The limitations of determining…, as drafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “method…,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “method…,” “of “determining…,” in the context of these claims encompass the user manually determining whether a number of media content items exceed a predetermined threshold. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. Furthermore, this judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements – downloading…, transmitting…, receiving…, outputting…. The “downloading”, “transmitting”, “receiving” and “outputting” limitations are insignificant extra-solution activity (mere data gathering, outputting, please see MPEP 2106.05g). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements of “downloading”, “transmitting”, “receiving” and “outputting” is a well-understood, routine, and conventional activity (data gathering, outputting, see MPEP 2106.05d). The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
Applicant’s arguments with respect to 35 USC § 103 rejections of claims 1-5, 8-15, 17-20, 22, and 23 have been fully considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
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 1-5, 8-15, 17-20, 22, and 23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims 1, 10 and 19 recite determining whether a number of media content items of the plurality of media content items exceeds a predetermined threshold.
The limitations of determining…, as drafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “method…,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the “method…,” “of “determining…,” in the context of these claims encompass the user manually determining whether a number of media content items exceed a predetermined threshold. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim only recites additional elements – downloading…, transmitting…, receiving…, outputting…. The “downloading”, “transmitting”, “receiving” and “outputting” limitations are insignificant extra-solution activity (mere data gathering, outputting, please see MPEP 2106.05g). Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional elements of “downloading”, “transmitting”, “receiving” and “outputting” is a well-understood, routine, and conventional activity (data gathering, outputting, see MPEP 2106.05d). The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
The claims 2, 11 and 20 recite determining, by the user device, whether to transmit a request, to the server, for a clustering of the plurality of media content items by the server based on a local device state of the user device, based on whether a number of the plurality of media content items exceeds a threshold limit of media content items; and wherein downloading from the server the plurality of clusters of the plurality of media content items is responsive to determining whether the number of the plurality of media content items exceeds the threshold limit. The limitations only recite additional elements at a high level of generality. These limitations are recited at a high-level of generality (i.e., determining, downloading) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
The claims 3 and 12 recite wherein each of the plurality of media content items is associated with metadata indicating at least one category associated with the media content item. The limitations only recite additional elements recited at a high level of generality. Accordingly, this additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
The claims 4 and 13 recite wherein grouping the at least one of the plurality of indications as belonging to the second cluster is in response to determining the number representing media content items at the user device and assigned to the first cluster exceeds the predetermined limit and based on the at least one category. The limitations only recite additional elements at a high level of generality. These limitations are recited at a high-level of generality (i.e., grouping, determining) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
The claims 5 and 14 recite wherein the plurality of clusters is a first plurality of clusters and the method further comprises: downloading, by the user device, a second plurality of clusters of the plurality of media content items, wherein each of the plurality of media content items is assigned to one or more clusters of the second plurality of clusters, wherein one or more indications from the indications are placed in the user interface grouped as belonging to a cluster of the second plurality of clusters by comparing, by the user device, the number of media content items assigned to each cluster in the second plurality of clusters with a threshold number of media content items. The limitations only recite additional elements at a high level of generality. These limitations are recited at a high-level of generality (i.e., downloading, comparing) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
The claims 8 and 17 recite presenting, by the user device, a plurality of selectable inputs, each of the plurality of selectable inputs presented with a cluster in the plurality of clusters; and responsive to user engagement of a selectable input of the plurality of selectable inputs, selecting each media content item in the cluster of the plurality of clusters presented with the selectable input. The limitations only recite additional elements at a high level of generality. These limitations are recited at a high-level of generality (i.e., presenting, selecting) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
The claims 9 and 18 recite removing, by the user device, each media content item in the cluster of the plurality of clusters selected responsive to the user engagement. The limitations only recite additional elements at a high level of generality. These limitations are recited at a high-level of generality (i.e., removing) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
The claim 15 recites wherein the one or more processors further execute the instructions to download one or more additional media content items from the server for offline viewing on the computing device, the plurality of media content items including the one or more additional media content items. The limitations only recite additional elements at a high level of generality. These limitations are recited at a high-level of generality (i.e., download) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
The claim 22 recites determining that a language setting of the user device has changed; and wherein downloading the plurality of clusters from the server is responsive to determining that the language setting of the user device has changed. The limitations only recite additional elements at a high level of generality. These limitations are recited at a high-level of generality (i.e., determining, downloading) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
The claim 23 recites wherein determining whether to transmit the request to the server for the clustering of the plurality of media content items by the server based on the local device state of the user device comprises determining a duration of time has elapsed since a previous clustering of the plurality of media content items; and wherein the determination to transmit the request for clustering is responsive to determining the duration of time has elapsed. The limitations only recite additional elements at a high level of generality. These limitations are recited at a high-level of generality (i.e., determining, transmit) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claims are directed to an abstract idea. The additional elements, individually and in combination, also do not amount to significantly more than the abstract idea.
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 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.
Claims 1-5, 8-15, 17-20, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Atsmon et al. (U.S. PGPub 2010/0064254; hereinafter “Atsmon”) in view of Alonso et al. (U.S. PGPub 2015/0081713; hereinafter “Alonso”) and further in view of Mok et al. (U.S. PGPub 2014/0114772; hereinafter “Mok”) and further in view of Shilo et al. (U.S. PGPub 2018/0211297; hereinafter “Shilo”).
As per claims 1, 10 and 19, Atsmon discloses a method comprising: downloading, by a user device, a plurality of media content items from a server for offline viewing on the user device; (See Figs. 2, 8, paras. 47, 70, wherein downloading data items process in which “The object thumbnails are downloaded from their respective URL's, this process usually starts first 210: Displaying the thumbnails of the object's on the users display and further information such as the link to the original object and summary data” [0047] are disclosed, also See Fig. 16, para. 91, wherein systems and methods can be done online or offline in which “Offline, they may analyze content items from providers in relation to their form, color and content and convert the results to a standardized file” [0091] are disclosed; as taught by Atsmon.)
receiving, by the user device and from the server, a plurality of clusters corresponding to the plurality of media content items, wherein each of the plurality of media content items is placed in one or more clusters of the plurality of clusters; (See Fig. 13, paras. 83-84, wherein clustering analysis and process in which “Each of this clusters was calculated using cluster analysis of the content items: A major part of the objects were compared to each other and similar objects were collected to the same cluster. The top 10 clusters are presented by their number of members in descending order, next to each of them their respective number of elements is presented” [0083] are disclosed; as taught by Atsmon.)
However, Atsmon fails to disclose determining, by the user device, whether a number of media content items of the plurality of media content items exceeds a predetermined threshold; responsive to determining the number of media content items exceeds the predetermined threshold, transmitting, by the user device, a request to the server for a clustering of the plurality of media content items.
On the other hand, Alonso teaches determining, by the user device, whether a number of media content items of the plurality of media content items exceeds a predetermined threshold. (See paras. 24-26, 28, 34, wherein clustering threshold, threshold number of social media entries in which “The first topic cluster comprises a first social media entry and/or other social media entries having topic similarities above a first topic clustering threshold (e.g., social media entries corresponding to a soccer game may be clustered into a soccer game topic cluster)” [0024] are disclosed, also See paras. 5-6, 8, wherein media entries having topics that are similar above a topic clustering threshold, determining social media entries having ranking above a popularity threshold are disclosed; as taught by Alonso.)
responsive to determining the number of media content items exceeds the predetermined threshold, transmitting, by the user device, a request to the server for a clustering of the plurality of media content items. (See paras. 26-28, 34-36, 38, wherein various time range, timeslots, determining social media entries above second topic similarity threshold as second topic cluster, determining whether social media items are to remain clustered within a cluster in which “second topic cluster may comprise a second social media entry and/or other social media entries having topic similarity above a second topic clustering threshold. A second event summary may be generated for the second time range based upon the second topic cluster” [0028] are disclosed; as taught by Alonso.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the Alonso teachings in the Atsmon system. Skilled artisan would have been motivated to incorporate a method of populating information interface based on social media data taught by Alonso to effective object search and navigation method in the Atsmon system. In addition, both of the references (Atsmon and Alonso) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, clustering of data objects. This close relation between both of the references highly suggests an expectation of success.
However, the combination of Atsmon and Alonso fails to disclose outputting, by the user device for presentation at the display and while the user device is offline, indications of the downloaded plurality of media content items to be presented in a user interface on the user device; receiving, by the user device, user input selecting a particular indication of the indications of the downloaded plurality of media content items; and outputting, by the user device for presentation at the display and while the computing device is offline, a downloaded media content item of the downloaded plurality of media content items that corresponds to the selected particular indication.
On the other hand, Mok teaches outputting, by the user device for presentation at the display and while the user device is offline, indications of the downloaded plurality of media content items to be presented in a user interface on the user device; (See paras. 82-85, 90, wherein offline databases of media items are disclosed, also See Fig. 2, paras. 61-65, 92-93, wherein offline processing and identifying of media items in which “user preference database 210 can include records such as a listing of all media items similar to each media item in a user's media library, favorite genres favorite media items, favorite artists, disliked media items, current favorites, etc. Such analysis and records are ultimately created for each user offline and are updated periodically to take into account changes in library characteristics and current experience habits” [0063] are disclosed; as taught by Mok.)
receiving, by the user device, user input selecting a particular indication of the indications of the downloaded plurality of media content items; (See Fig. 7B, paras. 124, 127, wherein user interaction, communication interface, GUI are disclosed, also See Fig. 2, paras. 61-65, 92-93, wherein offline processing and identifying of media items in which are disclosed; as taught by Mok.)
and outputting, by the user device for presentation at the display and while the computing device is offline, a downloaded media content item of the downloaded plurality of media content items that corresponds to the selected particular indication. (See paras. 82-85, 90, wherein offline databases of media items are disclosed, also See Fig. 2, paras. 61-65, 92-93, wherein offline processing and identifying of media items in which “user preference database 210 can include records such as a listing of all media items similar to each media item in a user's media library, favorite genres favorite media items, favorite artists, disliked media items, current favorites, etc. Such analysis and records are ultimately created for each user offline and are updated periodically to take into account changes in library characteristics and current experience habits” [0063] are disclosed, also See Fig. 7B, paras. 124, 127, wherein user interaction, communication interface, GUI are disclosed; as taught by Mok.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the Mok teachings in the combination of Atsmon and Alonso system. Skilled artisan would have been motivated to incorporate a method for generating media station based on metadata available on user’s media library taught by Mok to effective object search and navigation method in the combination of Atsmon and Alonso system. In addition, both of the references (Atsmon, Alonso, and Mok) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, clustering of data objects. This close relation between both of the references highly suggests an expectation of success.
However, the combination of Atsmon, Alonso, and Mok fails to disclose wherein each of the plurality of items are grouped as belonging to either: a first cluster corresponding to a general category; or a second cluster corresponding to a sub-category, wherein the indications are presented within the second cluster in response to determining that a number of items assigned to the sub-category exceeds a predetermined limit.
On the other hand, Shilo teaches wherein each of the plurality of items are grouped as belonging to either: a first cluster corresponding to a general category; or a second cluster corresponding to a sub-category, wherein the indications are presented within the second cluster in response to determining that a number of items assigned to the sub-category exceeds a predetermined limit. (See Fig. 1F, paras. 32-33, 64, wherein determining items correlation above a predetermined threshold in which “category of a cluster may be determined, such as based on categories of one or more items within the cluster whose category is known, based on user-input, based on comparison to clusters or items of a different organization, or the like. Based on the category of the cluster, the category of each item within the cluster may be set” [0033] and “the correlation may be determined based on the item and the other items appearing together in the plurality of transaction records. In some exemplary embodiments, high correlation, such as a correlation above a predetermined threshold (e.g., about 20%, about 50%, or the like), may indicate some relationship between the items” [0064]; as taught by Shilo.)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the Shilo teachings in the combination of Atsmon, Alonso, and Mok system. Skilled artisan would have been motivated to incorporate a method for automatic update of a shadow catalog database based on transactions made using a catalog database taught by Shilo in the combination of Atsmon, Alonso, and Mok system for effective object search and navigation. In addition, both of the references (Atsmon, Alonso, Mok, and Shilo) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, clustering of data objects. This close relation between both of the references highly suggests an expectation of success.
As per claims 2, 11, and 20, the combination of Atsmon, Mok, and Shilo further discloses determining, by the user device, whether to transmit a request, to the server, for a clustering of the plurality of media content items by the server based on a local device state of the user device, based on whether a number of the plurality of media content items exceeds a threshold limit of media content items; (See Fig. 15, para. 84, wherein each group having predefined threshold are disclosed, also See Fig. 13, paras. 83-84, 88, wherein clustering analysis and grouping processes in which “Each of this clusters was calculated using cluster analysis of the content items: A major part of the objects were compared to each other and similar objects were collected to the same cluster. The top 10 clusters are presented by their number of members in descending order, next to each of them their respective number of elements is presented” [0083] are disclosed; as taught by Atsmon.)
However, the combination of Atsmon, Mok, and Shilo fails to disclose wherein downloading from the server the plurality of clusters of the plurality of media content items is responsive to determining whether the number of the plurality of media content items exceeds the threshold limit.
On the other hand, Alonso teaches wherein downloading from the server the plurality of clusters of the plurality of media content items is responsive to determining whether the number of the plurality of media content items exceeds the threshold limit. (See Figs. 6B, 8, paras. 26-28, 34-36, 38, wherein links to access various data, determining social media entries above topic similarity threshold as topic cluster, determining whether social media items are to remain clustered within a cluster are disclosed; as taught by Alonso.)
See claims 1, 10, and 19 for motivation above.
As per claims 3 and 12, the combination of Atsmon, Alonso, Mok, and Shilo further discloses wherein each of the plurality of media content items is associated with metadata indicating at least one category associated with the media content item. (See Figs. 5, 7, 9, para. 53, 69, wherein category of items are disclosed; as taught by Atsmon.)
As per claims 4 and 13, the combination of Atsmon, Mok, and Shilo fails to disclose wherein grouping the at least one of the plurality of indications as belonging to the second cluster is in response to determining the number representing media content items at the user device assigned to the first cluster exceeds the predetermined limit and based on the at least one category.
On the other hand, Alonso teaches wherein grouping the at least one of the plurality of indications as belonging to the second cluster is in response to determining the number representing media content items at the user device assigned to the first cluster exceeds the predetermined limit and based on the at least one category. (See Figs. 4, 6A-6B, paras. 8, 26, 38, 34, wherein information interface, clusters, first topic cluster, second topic, assigning category to clusters, hashtags, grouping of data items into topic clusters are disclosed; as taught by Alonso.)
See claims 1 and 10 for motivation above.
As per claims 5 and 14, the combination of Atsmon, Mok, and Shilo disclose wherein the plurality of clusters is a first plurality of clusters and the method further comprises: downloading, by the user device, a second plurality of clusters of the plurality of media content items, wherein each of the plurality of media content items is assigned to one or more clusters of the second plurality of clusters. (See Figs. 2, 8, paras. 47, 70, wherein downloading data items process in which “The object thumbnails are downloaded from their respective URL's, this process usually starts first 210: Displaying the thumbnails of the object's on the users display and further information such as the link to the original object and summary data” [0047] are disclosed, also See Fig. 16, para. 91, wherein systems and methods can be done online or offline in which “Offline, they may analyze content items from providers in relation to their form, color and content and convert the results to a standardized file” [0091] are disclosed, also See Fig. 13, paras. 83-84, wherein clustering analysis and process in which “Each of this clusters was calculated using cluster analysis of the content items: A major part of the objects were compared to each other and similar objects were collected to the same cluster. The top 10 clusters are presented by their number of members in descending order, next to each of them their respective number of elements is presented” [0083] are disclosed; as taught by Atsmon.)
However, the combination of Atsmon and Mok fails to disclose wherein one or more indications from the indications are placed in the user interface grouped as belonging to a cluster of the second plurality of clusters by comparing, by the user device, the number of media content items assigned to each cluster in the second plurality of clusters with a threshold number of media content items.
On the other hand, Alonso teaches wherein one or more indications from the plurality of indications are placed in the user interface grouped as belonging to a cluster of the second plurality of clusters by comparing the number of media content items assigned to each cluster in the second plurality of clusters with a threshold number of media content items. (See Figs. 6B, 8, paras. 26-28, 34-36, 38, wherein links to access various data, determining social media entries above topic similarity threshold as topic cluster, determining whether social media items are to remain clustered within a cluster are disclosed; as taught by Alonso.)
See claims 1 and 10 for motivation above.
As per claims 8 and 17, the combination of Atsmon, Alonso, Mok, and Shilo further discloses presenting, by the user device, a plurality of selectable inputs, each of the plurality of selectable inputs presented with a cluster in the plurality of clusters; (See paras. 73-75, wherein clusters in which “suggested visual content items may comprise thumbnails of selected visual content items; allowing the user to select at least one of the suggested visual content items (stage 135); and reordering the visual content items according to their similarity to the selected visual content item and to the analyzing and visual characteristics of the visual content items” [0075] are disclosed; as taught by Atsmon.)
and responsive to user engagement of a selectable input of the plurality of selectable inputs, selecting each media content item in the cluster of the plurality of clusters presented with the selectable input. (See paras. 73-75, wherein clusters in which “suggested visual content items may comprise thumbnails of selected visual content items; allowing the user to select at least one of the suggested visual content items (stage 135); and reordering the visual content items according to their similarity to the selected visual content item and to the analyzing and visual characteristics of the visual content items” [0075] are disclosed; as taught by Atsmon.)
As per claims 9 and 18, the combination of Atsmon, Alonso, Mok, and Shilo further discloses removing, by the user device, each media content item in the cluster of the plurality of clusters selected responsive to the user engagement. (See paras. 77-78, wherein removing of content items are disclosed; as taught by Atsmon.)
As per claim 15, the combination of Atsmon, Alonso, Mok, and Shilo further discloses wherein the one or more processors further execute the instructions to download one or more additional media content items from the server for offline viewing on the computing device, the plurality of media content items including the one or more additional media content items. (See Figs. 2, 8, paras. 47, 70, wherein downloading data items process in which “The object thumbnails are downloaded from their respective URL's, this process usually starts first 210: Displaying the thumbnails of the object's on the users display and further information such as the link to the original object and summary data” [0047] are disclosed, also See Fig. 16, para. 91, wherein systems and methods can be done online or offline in which “Offline, they may analyze content items from providers in relation to their form, color and content and convert the results to a standardized file” [0091] are disclosed; as taught by Atsmon.)
As per claim 22, the combination of Atsmon, Alonso, Mok, and Shilo further discloses determining that a language setting of the user device has changed; (See paras. 53-56, 110, wherein user can modify/narrow search process are disclosed; as taught by Atsmon.)
and wherein downloading the plurality of clusters from the server is responsive to determining that the language setting of the user device has changed. (See Figs. 2, 8, paras. 47, 70, wherein downloading data items process in which “The object thumbnails are downloaded from their respective URL's, this process usually starts first 210: Displaying the thumbnails of the object's on the users display and further information such as the link to the original object and summary data” [0047] are disclosed, also See Fig. 16, para. 91, wherein systems and methods can be done online or offline in which “Offline, they may analyze content items from providers in relation to their form, color and content and convert the results to a standardized file” [0091] are disclosed, also See paras. 53-56, 110, wherein user can modify/narrow search process are disclosed; as taught by Atsmon.)
As per claim 23, the combination of Atsmon, Mok, and Shilo fails to disclose wherein determining whether to transmit the request to the server for the clustering of the plurality of media content items by the server based on the local device state of the user device comprises determining a duration of time has elapsed since a previous clustering of the plurality of media content items; and wherein the determination to transmit the request for clustering is responsive to determining the duration of time has elapsed.
On the other hand, Alonso teaches wherein determining whether to transmit the request to the server for the clustering of the plurality of media content items by the server based on the local device state of the user device comprises determining a duration of time has elapsed since a previous clustering of the plurality of media content items; (See paras. 26, 44-45, wherein trending threshold, short period of time are disclosed, also See Figs. 6B, 8, paras. 34-36, 38, wherein links to access various data, determining social media entries above topic similarity threshold as topic cluster, determining whether social media items are to remain clustered within a cluster are disclosed; as taught by Alonso.)
and wherein the determination to transmit the request for clustering is responsive to determining the duration of time has elapsed. (See paras. 26-28, 44-45, wherein trending threshold, short period of time are disclosed, also See Figs. 6B, 8, paras. 34-36, 38, wherein links to access various data, determining social media entries above topic similarity threshold as topic cluster, determining whether social media items are to remain clustered within a cluster are disclosed; as taught by Alonso.)
See claim 1 for motivation above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIN LIN M HTAY whose telephone number is (571)272-7293. The examiner can normally be reached on M-F, 7am-3pm, PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kavita Stanley can be reached on (571)272-8352. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/L. L. H./
Examiner, Art Unit 2153
/KAVITA STANLEY/ Supervisory Patent Examiner, Art Unit 2153
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