Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to arguments
Applicant’s arguments with respect to all pending claims have been fully considered, but they are moot because of the new ground of rejection . Applicant argues that cited references failed to disclose determining, using a timestamp associated with the watermark and the corresponding time range on the second media content schedule stored in a
database, that a second media content of the plurality of second media contents is to be displayed on a second display device; and in response to a determination, using the timestamp associated with the watermark and the second media content schedule, that the second media content is to be displayed on a second display device, automatically displaying the second media content on the second display device; wherein the second media content schedule includes the plurality of second media contents and a corresponding time range for each of the plurality of second media contents indicative of when the respective second media content can be offered for display. And Claim 3 was cancelled and claim 21 was added.
However, Levy et al disclose a system being able to decode watermark and from the decoded watermark, timestamps related to commercials can be identified in order to determine the presentation time of secondary contents as disclosed in para. 0030-0031;0008; 0021; 0026;0030;0010.
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And Davis et al disclose a system being able to determine that the secondary content will be displayed on the screen of the mobile device after decoding the watermark and according to the position of mobile device with respect to the television receiver and the system is able to extract the timestamps embedded in the watermark to identify the schedule time of the commercial and the system can provide triggers to synchronize presentation of the commercial in the mobile device without the inputs of the users as disclosed in para. 0187; 0518; 0532-0533;0098;0100;0109; 0097-0098; 0523; 0549;0214;0225;0518.
And Sull et al disclose a system being capable of providing time range as starting time and ending time related to presentation time of second contents or commercials as disclosed in para. 0376-0377; 0371;0017;0116;0373.This action is made final.
Claims rejections-35 U.S.C. 103(a)
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2; 4-21 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Levy(US.Pub.No.20030192060) in view of Davis(US.Pub.No.20130152139) and Sull(US.Pat.No.20060064716).
Regarding claim 1, Levy et al disclose a computing system comprising: a processor; and a non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by the processor, cause performance of a set of operations comprising: receiving a watermark associated with a first media content(See fig.1 for providing video content with watermark); wherein the first media content is presented on a first display device(see fig.1 for providing video content to TV;0024); decoding the watermark from the first display device(the system is able to decode watermark; 0026;0030;0010);
determining, using the watermark after decoding, a plurality of second media content based on a second media content schedule, wherein each of the plurality of second media contents are different than the first media content(based on the decoding process, the system is able to identify advertisement related to the first media content and there is specific time associated with commercials to be presented to the user devices with respect to programming guide; 0008;0021;0015;0017); determining, using a timestamp associated with the watermark and the corresponding time range on the second media content schedule stored in a
database(the digital watermark contains timestamps indicating the display or presentation time of commercial;0030-0031;0008).
But did not explicitly disclose that a second media content of the plurality of second media contents is to be displayed on a second display device; and in response to a determination, using the timestamp associated with the watermark and the second media content schedule, that the second media content is to be displayed on a second display device, automatically displaying the second media content on the second display device; wherein the second media content schedule includes the plurality of second media contents and a corresponding time range for each of the plurality of second media contents indicative of when the respective second media content can be offered for display.
However, Davis et al disclose that a second media content of the plurality of second
media contents is to be displayed on a second display device (the system is able to determine that the secondary content will be displayed on the screen of the mobile device after decoding the watermark and according to the position of mobile device with respect to the television receiver;0098;0100;0109) ; and in response to a determination , using the timestamp associated with the watermark( the system is able to extract the timestamps embedded in the watermark to identify the schedule time of the commercial; 0187;0518;0532-0533) and the second media content schedule, that the second media content is to be displayed on a second display device(the system can provide triggers to synchronize presentation of the commercial in the mobile device; 0214), automatically displaying the second media content on the second display device (the system is able to present on the screen of the mobile device auxiliary contents related to the primary content after a watermark being decoded; 0097-0098;0523; 0549;0214;0225;0518).
It would have been obvious for any person of ordinary skill in the art at that time the invention was filed to incorporate the teaching of Davis to modify Levy by providing options to display auxiliary contents or commercials on the screen of a mobile device for the purpose of improving the satisfactions of the users accordingly.
And Sull et al disclose determining, using a timestamp associated with the watermark and the
corresponding time range on the second media content schedule stored in a
database(the system uses time range as starting time and ending time associated with second media content or commercial; 0373; 0376-0377);wherein the second media content schedule includes the plurality of second media contents and a corresponding time range for each of the plurality of second media contents indicative of when the respective second media content can be offered for display(the system is able to provide time range as starting time and ending time related to presentation time of second contents or commercials; 0376-0377; 0371;0017;0116;0373).
It would have been obvious for any person of ordinary skill in the art at that time the invention was filed to incorporate the teaching of Sull to modify Levy and Davis by providing additional data related to commercials as starting time and ending time for the purpose of improving viewing experiences accordingly.
Regarding claim 2, Levy et al disclose wherein the determining, using the watermark after decoding, the second media content comprises: querying a database, using the watermark after decoding, to determine the second media content, wherein the second media content is associated with the watermark in the database(the system can do search for digital watermarks; 0023;0025-0027).
But did not explicitly disclose wherein each of the plurality of second media contents includes a start timestamp and an end timestamp on the second media content schedule;
wherein the start timestamp and the end timestamp define the corresponding time range
indicative of when the respective second media content can be offered for display.
However, Sull et al disclose wherein each of the plurality of second media contents includes a start timestamp and an end timestamp on the second media content schedule;
wherein the start timestamp and the end timestamp define the corresponding time range
indicative of when the respective second media content can be offered for display(the system is able to provide time range as starting time and ending time related to presentation time of second contents or commercials; 0377; 0371;0017;0116).
It would have been obvious for any person of ordinary skill in the art at that time the invention was filed to incorporate the teaching of Sull to modify Levy and Davis by providing additional data related to commercials as starting time and ending time for the purpose of improving viewing experiences accordingly.
Regarding claim 4, it is rejected using the same ground of rejection for claim 1.
Regarding claim 5, Levy and Sull et al did not explicitly disclose the set of operations further comprising: retrieving, based on decoding the watermark, the second media content; transmitting the second media content to the second display device, wherein the second display device is associated with the first display device; and wherein the automatically displaying the second media content occurs without presenting a link to offer the second media content at the second display device to a user.
However, Davis et al disclose the set of operations further comprising: retrieving, based on decoding the watermark, the second media content; transmitting the second media content to the second display device(see fig.1 with elements 16 and 14;0052) , wherein the second display device is associated with the first display device(see fig.1 with elements 16 and 14 associated with the television system 12 of the user); and wherein the automatically displaying the second media content occurs without presenting a link to offer the second media content at the second display device to a user(the system is able to present on the screen of the mobile device auxiliary contents related to the primary content after a watermark being decoded; 0097-0098;0523; 0549).
It would have been obvious for any person of ordinary skill in the art at that time the invention was filed to incorporate the teaching of Davis to modify Levy and Sull by providing options to display auxiliary contents or commercials on the screen of a mobile device for the purpose of improving the satisfactions of the users accordingly.
Regarding claim 6, Levy and Sull et al did not explicitly disclose wherein receiving the watermark and decoding the watermark occurs at the second display device.
However, Davis et al disclose wherein receiving the watermark and decoding the watermark occurs at the second display device( see fig.1 and fig.9a and fig.20 for allowing mobile devices to decode watermarks;0072; 0508;0523).
It would have been obvious for any person of ordinary skill in the art at that time the invention was filed to incorporate the teaching of Davis to modify Levy and Sull by providing options to display auxiliary contents or commercials on the screen of a mobile device for the purpose of improving the satisfactions of the users accordingly.
Regarding claim 7, Levy et al disclose the set of operations further comprising: providing, after decoding the watermark; a uniform resource locator (URL) to the second media content; selecting the URL(the system can provide URL links to users; 0019; abstract;0008).
But did not explicitly disclose wherein the automatically displaying on the second display device, the second media content occurs by automatically activating the URL to display the second media content.
However, Davis et al disclose wherein the automatically displaying on the second display device, the second media content occurs by automatically activating the URL to display the second media content(the system is capable of displaying auxiliary content to the mobile device automatically by accessing or activating some specific links or webpages; 0068; 0070-0071;0111;0118).
It would have been obvious for any person of ordinary skill in the art at that time the invention was filed to incorporate the teaching of Davis to modify Levy and Sull by providing options to display auxiliary contents or commercials on the screen of a mobile device for the purpose of improving the satisfactions of the users accordingly.
Regarding claim 8, it is rejected using the same ground of rejection for claim 1.
Regarding claim 9, it is rejected using the same ground of rejection for claim 5.
Regarding claim 10, it is rejected using the same ground of rejection for claim 1.
Regarding claim 11, it is rejected using the same ground of rejection for claim 5.
Regarding claim 12, it is rejected using the same ground of rejection for claim 6.
Regarding claim 13, Levy et al disclose the set of operations further comprising: providing, after decoding the watermark; a uniform resource locator (URL) to the second media content(the system can provide URL links to users; 0019; abstract;0008).
But did not explicitly disclose wherein the automatically displaying the second media content comprises: using a filter to determine that the URL is automatically activated; and displaying, after a determination that the URL is automatically activated, the URL the second media content using the URL.
However, Davis et al disclose wherein the automatically displaying the second media content comprises: using a filter to determine that the URL is automatically activated(the system can apply filter in selecting contents to be displayed in the mobile device; 0557); and displaying, after a determination that the URL is automatically activated, the URL the second media content using the URL(the system is capable of displaying auxiliary content to the mobile device automatically by accessing or activating some specific links or webpages; 0068; 0070-0071;0111;0118).
It would have been obvious for any person of ordinary skill in the art at that time the invention was filed to incorporate the teaching of Davis to modify Levy and Sull by providing options to display auxiliary contents or commercials on the screen of a mobile device for the purpose of improving the satisfactions of the users accordingly.
Regarding claim 14, it is rejected using the same ground of rejection for claim 1.
Regarding claim 15, it is rejected using the same ground of rejection for claim 2.
Regarding claim 16, it is rejected using the same ground of rejection for claim 5.
Regarding claim 17, it is rejected using the same ground of rejection for claim 4
Regarding claim 18, it is rejected using the same ground of rejection for claim 5.
Regarding claim 19, it is rejected using the same ground of rejection for claim 6.
Regarding claim 20, it is rejected using the same ground of rejection for claim 7.
Regarding claim 21, it is rejected using the same ground of rejection for claim 1.
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 JEAN D SAINT CYR whose telephone number is (571)270-3224. The examiner can normally be reached 9-5.
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/JEAN D SAINT CYR/Examiner, Art Unit 2425
/Brian T Pendleton/Supervisory Patent Examiner, Art Unit 2425