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 .
Response to Arguments
Applicant's arguments filed 04/16/26 have been fully considered but they are not persuasive. Applicant alleges that the prior art of record, US 10,448,123 B1 to Topchy et al, does not teach the limitations of currently amended claims 1, 9 and 17 which have primarily incorporated the language of the previously rejected, and now cancelled claim 4. Examine respectfully disagrees, and submits that Topchy discloses these features in column 17, lines 25-33:
In some examples, the encoded symbol modifier 420 starts with an initial value of 0 (corresponding to no symbol modification when the XOR operation is used) for the further timestamp T0 to represent a first timestamp cycle in the group of timestamp cycles, increments the value of the further timestamp T0 by one for each subsequent timestamp cycle in the group, and then returns the value of the further timestamp T0 to 0 when the next timestamp cycle group starts.
Based on the above citation, Topchy teaches incrementing through cycles, as ranges. Topchy further teaches the associating the cycle/range of the timestamp in the watermark based on comparison, with the current second portion of the watermark or the timestamp in column 15, lines 27-39:
The identified timestamp cycle is then determined by the timestamp cycle evaluator 415 to be represented by the timestamp 210 and, thus, associated with the watermark 200. As such, the timestamp cycle evaluator 415 is an example of means for determining which one of a plurality of timestamp cycles is to be represented by a timestamp of a watermark. By associating the timestamp 210 with a particular one of the group of timestamp cycles, the time value represented by the timestamp 210 becomes the value of the timestamp 210 offset by a number of timestamp periods represented by the particular timestamp cycle associated with the timestamp 210.
Based on the above passage, Topchy discloses associating the detected cycle to the current timestamp or the second portion, of the watermark.
Therefore, Topchy still meets the requirements of claim 1 and similarly amended claims 9 and 17.
Allowable Subject Matter
The indicated allowability of claims 7, 8, 15 and 16 are withdrawn in view of the amendment to claims 7 and 8. The rejections follow.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, 5-11, 13-17 and 19-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 10,448,123 B1 to Topchy et al (hereinafter ‘Topchy’).
Regarding claim 1, Topchy discloses a method (column 24, lines 55-57, wherein an example program 700, as method, that may be executed to implement the example watermark decoder 500 of FIG. 5 is illustrated in FIG. 7) comprising: detecting a watermark, wherein the watermark is embedded in a media content (column 24, lines 61-63, wherein at block 710, the symbol decoder 505 detects a watermark 200 embedded in the monitored media), wherein the watermark comprises a plurality of data symbols, and wherein a first portion of the plurality of data symbols correspond to a data payload of the watermark and a second portion of the plurality of data symbols correspond to a timestamp payload of the watermark (column 19, lines 10-16, and Fig. 2, payloads 205 and 210, wherein a subset of data symbols of the watermark 200 may have been modified by the watermark encoder 310 using a reversible operation, such as the XOR operation, to implicitly encode, in the modified data symbols, a further timestamp symbol T0 identifying a particular timestamp cycle to be represented by the timestamp 210 of the watermark 200); decoding the second portion of the plurality of data symbols of the watermark (column 24, lines 61-67, wherein at block 710, the symbol decoder 505 detects a watermark 200 embedded in the monitored media. At block 715, the example timestamp cycle decoder 520 of the watermark decoder 500 initializes the timestamp cycle to be associated with a timestamp of the watermark 200 to be an initial timestamp cycle, as described above); determining a time value associated with viewing the media content by comparing symbol values of the second portion of the plurality of data symbols to a timestamp increment key (column 19, lines 16-24, and 42-46, wherein the example decoded symbol modifier 515 takes advantage of the reversible nature of the operation to modify the subset of data symbols 205 of the decoded watermark based on different possible values of the further timestamp symbol T0 that can be employed by the watermark encoder 310 to find the correct value of T0 in the event the watermark validator 510, inherently as the comparing, determines a given subset of decoded watermark data symbols 205 is not valid, and wherein if the resulting modified subset of decoded watermark data symbols 205 is valid, the decoded timestamp 210 is determined to represent the particular timestamp cycle corresponding to the value of the further symbol T0 used, as increment key, to determine the modified subset of data symbols.), wherein the timestamp increment key comprises a binary representation indicating timestamp increment ranges for respective ones of the second portion of the plurality of data symbols (column 17, lines 25-33; wherein in some examples, the encoded symbol modifier 420 starts with an initial value of 0 (corresponding to no symbol modification when the XOR operation is used) for the further timestamp T0 to represent a first timestamp cycle, as the range, in the group of timestamp cycles, increments the value of the further timestamp T0 by one for each subsequent timestamp cycle in the group, and then returns the value of the further timestamp T0 to 0 when the next timestamp cycle group starts); and associating, based on the comparison, a timestamp increment range with the second portion of the plurality of data symbols (column 15, lines 27-39, wherein the identified timestamp cycle is then determined by the timestamp cycle evaluator 415 to be represented by the timestamp 210 and, thus, associated with the watermark 200. As such, the timestamp cycle evaluator 415 is an example of means for determining which one of a plurality of timestamp cycles is to be represented by a timestamp of a watermark. By associating the timestamp 210 with a particular one of the group of timestamp cycles, the time value represented by the timestamp 210 becomes the value of the timestamp 210 offset by a number of timestamp periods represented by the particular timestamp cycle associated with the timestamp 210); and reporting the time value (column 21, line 64, through column 22, lines 1, wherein the watermark reporter 525 of the illustrated example is included in the watermark decoder 500 to report the final version of the watermark 200 decoded from the monitored media. For example, the watermark reporter 525 reports the data payload 205 of the decoded watermark 200).
Regarding claim 2, Topchy discloses wherein the timestamp increment key comprises a first range of symbol values and a second range of symbol values; and wherein the first range of symbol values is different than the second range of symbol values (column 15, line 61 through column 16, line 5, wherein the range of time represented by the watermark (e.g., the timestamp range of the watermark) is extended from the timestamp's range of one timestamp period covering one timestamp cycle to a range corresponding to a number of timestamp periods covered by the group of timestamp cycles, as first and second range. For example, for a group of timestamp cycles including two timestamp cycles, the timestamp range of the watermark is extended from one timestamp period to two timestamp periods, and for a group of timestamp cycles including 16 timestamp cycles, the timestamp range of the watermark is extended from one timestamp period to 16 timestamp periods.).
Regarding claim 3, Topchy discloses wherein the timestamp increment key comprises a first range of symbol values and a second range of symbol values; wherein the first range of symbol values correspond to symbol values having a first base numerical value; and wherein the second range of symbol values correspond to symbol values having a second base numerical value (column 15, line 61 through column 16, line 5, wherein the range of time represented by the watermark (e.g., the timestamp range of the watermark) is extended from the timestamp's range of one timestamp period covering one timestamp cycle to a range corresponding to a number of timestamp periods covered by the group of timestamp cycles, as first and second range. For example, for a group of timestamp cycles including two timestamp cycles, the timestamp range of the watermark is extended from one timestamp period to two timestamp periods, and for a group of timestamp cycles including 16 timestamp cycles, as 16 cycles each, the timestamp range of the watermark is extended from one timestamp period to 16 timestamp periods.).
Regarding claim 5, Topchy discloses wherein determining the time value associated with viewing the media content comprises determining, using the timestamp increment range, the time value based on a time interval associated with the timestamp increment range (column 21, lines 24-32, wherein in the timestamp cycle decoder 520 of the illustrated example is included in the watermark decoder 500 to decode the particular timestamp cycle to be represented by the timestamp 210 decoded by the symbol decoder 505 for a detected watermark 200. In the illustrated example, the timestamp cycle decoder 520 determines that the detected watermark 200 is identified by the particular one of the group of possible timestamp cycles corresponding to the particular value of the further timestamp symbol T0).
Regarding claim 6, Topchy discloses he method further comprising: detecting a second watermark, wherein the second watermark comprises a second plurality of data symbols, wherein the second plurality of data symbols comprise a first portion of the second plurality of data symbols and a second portion of the second plurality of data symbols (column 12, lines 42-53, wherein the watermark 200 is embedded/included in media at a repetition interval of T seconds (or, in other words, at a repetition rate of 1/T seconds), with the first group of symbols 205 remaining the same in successive watermarks 200, and the second group of symbols 205 varying in successive watermarks 200. For example, the repetition interval T may correspond to T=4.8 seconds. As there are 12 symbols in the example watermark 200 (e.g., 8 symbols in the first group of symbols 205 and 4 symbols in the second group of symbols 210) each watermark symbol in the illustrated example has a duration of 4.8/12=0.4 seconds.), and wherein the first portion of the second plurality of data symbols corresponds to a data payload of the second watermark and the second portion of the second plurality of data symbols corresponds to a timestamp payload of the second watermark (column 16, lines 34-41, wherein the encoded symbol modifier 420 is an example of means for modifying a subset of data symbols 205 of a watermark 200 based on a further timestamp symbol T0 not included in a set of timestamp symbols of a timestamp 210 of the watermark 200, with the further timestamp symbol T0 identifying the one of a group of timestamp cycles to be represented by the timestamp 210 of the watermark 200); decoding the second portion of the second plurality of data symbols of the second watermark (column 2, line 64 though column 3, line 1, wherein decoding apparatus also include a symbol modifier to modify the subset of data symbols of the watermark based on a further timestamp symbol, inherently as the second portion of the second watermark, to determine a modified subset of data symbols when the subset of data symbols is not valid); and comparing, after decoding the second portion of the second plurality of data symbols, symbol values of the second portion of the second plurality of data symbols to the timestamp increment key (column 3, lines 4-11, wherein watermark decoding apparatus further include a timestamp cycle decoder to associate the watermark with a first one of a plurality of timestamp cycles when the subset of data symbols is valid and when the subset of data symbols is not valid, associate the watermark with a second one of a plurality of timestamp cycles, inherently as comparing the second portion of the second watermark, identified by the further timestamp symbol when the modified subset of data symbols is determined to be valid by the watermark validator).
Regarding claim 7, Topchy discloses the method further comprising: determining, based on the timestamp increment key, that the watermark is a associated with a first timestamp system (column 25, lines 8-17, wherein at block 720, the symbol decoder 505 decodes the symbols of the detected watermark 200, including the decoded data symbols for the data payload 205 of the watermark 200 and the decoded timestamp symbols for the timestamp payload of the watermark 200, after the decoded data symbols have been modified based on the further timestamp symbol T0, as described above. At block 725, the example watermark validator 510 determines, as described above, whether the sequence of decoded data symbols for the data payload 205 is valid, as determining whether watermark associated with the first timestamp); determining, based on the timestamp increment key, that the second watermark is a associated with a second timestamp system, different than the first timestamp system (column 19, lines 32-39, wherein if the watermark validator 510 determines the decoded symbols corresponding to the data payload 205 without any modification (e.g., corresponding to the first value of the further timestamp symbol T0) is not valid, the decoded symbol modifier 515 modifies the subset of decoded symbols of the data payload 205 based on another value of the further timestamp symbol T0, as the second watermark including the second timestamp, that could be employed by the watermark encoder 310.).
Regarding claim 8, Topchy discloses wherein the first timestamp system is associated with symbol values in a first range of base-16, (column 6, lines 11-18, wherein such a technical solution extends the range supported by watermark timestamp to be a multiple number of timestamp periods corresponding to the number of different possible values of the additional timestamp symbol. For example, if there are sixteen possible values of the additional timestamp symbol (e.g., corresponding to the additional timestamp symbol being a 4-bit symbol), then the range of the timestamp is extended to support sixteen (16) timestamp periods.) and wherein the second timestamp system is associated with at least one symbol value in a second range of base- 28 (column 5, lines 65 through column 6, line 2, wherein a first additional timestamp symbol, which may also be associated with no modification of the original watermark data symbols, as the base, may represent a first timestamp cycle covering a first period of the timestamp (e.g., a first 28 day period)).
Regarding claim 22, Topchy discloses wherein each increment within the timestamp increment range is sequentially mapped to a particular time (column 17, lines 25-32, wherein the encoded symbol modifier 420 starts with an initial value of 0 (corresponding to no symbol modification when the XOR operation is used) for the further timestamp T0 to represent a first timestamp cycle in the group of timestamp cycles, increments the value of the further timestamp T0 by one for each subsequent timestamp cycle in the group, and then returns the value of the further timestamp T0 to 0 when the next timestamp cycle group starts, as the mapped time).
Regarding claim 9, Topchy discloses a computing system (column 6, lines 31-35, wherein a block diagram of an example environment of use including an example media monitoring system structured to extend a time range supported by a watermark in accordance with teachings of this disclosure is illustrated in FIG. 1) comprising: a processor; and a non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by the processor (Column 23, lines 25-31, wherein the machine readable instructions may be one or more executable programs or portion(s) thereof for execution by a computer processor, such as the processor 812 and/or the processor 912 shown in the example processor platform 800 and/or the example processor platform 900 discussed below in connection with FIGS. 8-9.), cause performance of a set of operations comprising: Please refer to the corresponding method claim 1 above for further teachings.
Regarding claims 10, 11 and 13-16, please refer to the corresponding method claims 2-6 above for further teachings.
Regarding claim 23, Topchy discloses wherein each increment within the timestamp increment range is sequentially mapped to a particular time (column 17, lines 25-32, wherein the encoded symbol modifier 420 starts with an initial value of 0 (corresponding to no symbol modification when the XOR operation is used) for the further timestamp T0 to represent a first timestamp cycle in the group of timestamp cycles, increments the value of the further timestamp T0 by one for each subsequent timestamp cycle in the group, and then returns the value of the further timestamp T0 to 0 when the next timestamp cycle group starts, as the mapped time).
Regarding claim 17, Topchy discloses a non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by a processor (Column 23, lines 25-31, wherein the machine readable instructions may be one or more executable programs or portion(s) thereof for execution by a computer processor, such as the processor 812 and/or the processor 912 shown in the example processor platform 800 and/or the example processor platform 900 discussed below in connection with FIGS. 8-9.), cause performance of a set of operations comprising: Please refer to the corresponding method claim 1 above for further teachings.
Regarding claims 19-20, please refer to the corresponding method claims 2-4 above for further teachings.
Regarding claim 21, Topchy discloses wherein the first base numerical value is base-16, (column 6, lines 11-18, wherein such a technical solution extends the range supported by watermark timestamp to be a multiple number of timestamp periods corresponding to the number of different possible values of the additional timestamp symbol. For example, if there are sixteen possible values of the additional timestamp symbol (e.g., corresponding to the additional timestamp symbol being a 4-bit symbol), then the range of the timestamp is extended to support sixteen (16) timestamp periods.)and wherein the second base numerical value is base-28 (column 5, lines 65 through column 6, line 2, wherein a first additional timestamp symbol, which may also be associated with no modification of the original watermark data symbols, as the base, may represent a first timestamp cycle covering a first period of the timestamp (e.g., a first 28 day period)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHERVIN K NAKHJAVAN whose telephone number is (571)272-5731. The examiner can normally be reached Monday-Friday 9:00-05:00 PT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sue Lefkowitz can be reached at (571)272-3638. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHERVIN K NAKHJAVAN/Primary Examiner, Art Unit 2672
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