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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 7, 8, 15 and 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Specifically, the citation “determining, based on the timestamp increment key, that the watermark is a first type of watermark; determining, based on the timestamp increment key, that the second watermark is a second type of watermark, different than the first type of watermark”, of claims 7 and 15 seems to be referring to watermark type differentiation based on timestamp increment which does not have support in the Applicant’s specification. Therefore, the claims fail the written description requirements under 112(a).
Regrading claims 8 and 16, similar observations discussed in view of claims 7 and 15 above are applied to the claimed “wherein the first type of watermark is different than the second type of watermark based on having a different numerical base”. The watermark type differentiation does not appear in the Applicant’s specification. Therefore, the claims fail the written description requirements under 112(a).
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 1-6, 9-14 and 17-20 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 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.); and reporting the time value (column 22, lines 4-7, wherein the watermark reporter 525 of the illustrated example reports the timestamp payload 210 of the watermark 200 as the time value represented by the decoded symbols of the timestamp 210 adjusted, as increment key).
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 4, Topchy discloses wherein determining the time value associated with viewing the media content by comparing the second portion of the plurality of data symbols to the timestamp increment key comprises: matching the second portion of the plurality of data symbols, after decoding, to a set of stored symbol values in the timestamp increment key, wherein the set of stored symbol values in the timestamp increment key is associated with a timestamp increment range (column 21, lines 35-41, wherein if the decoded symbols obtained for the data payload 210 are determined to be valid when the symbols are modified based on a first value of the further timestamp symbol T0, as comparing, the timestamp cycle decoder 520 determines the detected watermark 200 is associated with a first timestamp cycle corresponding to the first value of the further timestamp symbol T0.); and associating, after matching, the timestamp increment range that corresponds to the set of stored symbol values with the second portion of the plurality of data symbols (column 3, lines 4-7, 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,).
Regarding claim 5, Topchy discloses wherein determining the time value associated with viewing the media content by comparing the second portion of the plurality of data symbols to the timestamp increment key comprises determining, using the timestamp increment range, the time value based on a time interval associated with the timestamp increment range (column 19, lines 13-16, wherein in the modified data symbols, a further timestamp symbol T0 identifying a particular timestamp cycle, as the time value, to be represented by the timestamp 210 of the watermark 200.).
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 watermark and the second portion of the second plurality of data symbols corresponds to a timestamp payload of the 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 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, 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 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 10-14, please refer to the corresponding method claims 2-6 above for further teachings.
Regarding claim 9, 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 18-20, please refer to the corresponding method claims 2-4 above for further teachings.
Allowable Subject Matter
Claims 7, 8, 15 and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(a), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: the prior art or the prior art of record specifically, Topchy and US 9323902 B2 to Petrovic et al, does not disclose:
. . . . wherein the timestamp increment value corresponds to a total number of minutes permitted by the second portion of the second plurality of data symbols, and wherein the timestamp increment value of the second watermark is greater than a timestamp increment value of the watermark, of claims 7 and 15, combined with other features and elements of the claims;
Claims 8 and 16 depend from a would be allowable base claim and thus would be allowable themselves.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHERVIN K NAKHJAVAN/Primary Examiner, Art Unit 2672