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 .
This action is in response to the original filling and preliminary amendment of 11/17/2023. Claim s 1-53 have been canceled. Claims 54-73 are new.
Specification
The specification is objected because the first page is not numbered.
Appendix R - App. R - Patent Rules
Title 37 - Code of Federal Regulations Patents,
Trademarks, and Copyrights
§ 1.52 Language, paper, writing, margins, compact disc specifications.
(b) The application (specification, including the claims, drawings, and oath or
declaration) or reexamination proceeding and any amendments or
corrections to the application or reexamination proceeding .
(5) Other than in a reissue application or reexamination proceeding, the pages
of the specification including claims and abstract must be numbered
consecutively, starting with 1, the numbers being centrally located above or
preferably below, the text.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 54, 61 and 68 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 17, 30, 41, 51, 62 of U.S. Patent No. US 11,863,848 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because, even though the features included in the claims of US patent 11,863,848 B1 are directed to an excitement level and an offset to adjust the length of the highlight segment, so that the offset reflects an increase in the excitement level, a listing of players, and fantasy sports teams, the independent claims 1, 17, 30, 41, 51, 62 of US patent 11,863,848 B1 include all of the limitations of the independent claims 54, 61 and 68 of the instant application.
In the table below, single underlined limitations indicate the similar limitations, and double underlines indicate similar limitations included in dependent claims of the instant application.
Instant Claims of application 18/512,586
Claims of US 11,863,848 B1
Claim 54. A computer-implemented method for presenting a customized highlight show to a user, the computer-implemented method comprising:
receiving, by one or more processors, source content corresponding to one or more events;
receiving, by the one or more processors, a user selection of a first attribute corresponding to the source content;
selecting, by the one or more processors, a subset of the source content based on the first attribute, wherein the subset comprises a plurality of highlight segments depicting one or more portions of the source content;
determining, by the one or more processors, one or more user preferences for a plurality of transitions, the one or more user preferences indicating whether to include a spoiler transition or a discreet transition as a transition for an upcoming segment;
generating, by the one or more processors, the transition between a first highlight segment and a second highlight segment of the plurality of highlight segments based on the one or more user preferences, the transition including the spoiler transition or the discreet transition;
generating, by the one or more processors, a highlight show comprising the subset and the transition; and
displaying, by the one or more processors, the highlight show on a user interface.
Claim 57. The computer-implemented method of claim 54, wherein the one or more user preferences includes a highlight show length, wherein the highlight show length is determined by at least one of: receiving the highlight show length from the user, analyzing previous user viewing habits, or analyzing one or more industry standards.
Claim 58. The computer-implemented method of claim 57, wherein receiving the highlight show length from the user includes: displaying, by the one or more processors, a plurality of highlight show lengths on the user interface; and receiving, by the one or more processors, a user length selection via the user interface of the highlight show length.
Claim 1. A computer-implemented method for presenting a customized highlight show to a user, the method comprising:
at a processor, obtaining source content comprising a representation of one or more sports events;
at the processor, receiving a first user selection designating a first attribute of the source content, and
a viewing length;
at the processor, automatically determining a user's preference for transitions, the user's preference indicating whether a transition should include a spoiler for an upcoming highlight segment;
at the processor, based on the designated first attribute and the viewing length, selecting a subset of the source content such that the subset comprises a plurality of highlight segments depicting portions of the source content,
each highlight segment having a length;
at the processor, for each highlight segment of the plurality of highlight segments: detecting an excitement level associated with the highlight segment;
based on the designated first attribute and the detected excitement level, automatically determining an offset by which to adjust the length of the highlight segment, so that the offset reflects an increase in the excitement level, and so that a total length of the plurality of highlight segments after the offset comports with the viewing length; and
automatically adjusting the length of the highlight segment by the determined offset;
at the processor, based on the user's preference for the transitions, generating a customized transition between a first highlight segment and a second highlight segment of the plurality of highlight segments, the second highlight segment occurring after the first highlight segment, the customized transition comprising supplemental information associated with at least one of the first highlight segment or the second highlight segment, the supplemental information either having a spoiler for the second highlight segment or not having the spoiler based on the user's preference;
at the processor, generating the customized highlight show comprising the subset and the customized transition; and
at an output device, outputting the customized highlight show.
Claim 57. The computer-implemented method of claim 54, wherein the one or more user preferences includes a highlight show length, wherein the highlight show length is determined by at least one of: receiving the highlight show length from the user, analyzing previous user viewing habits, or analyzing one or more industry standards.
Claim 58. The computer-implemented method of claim 57, wherein receiving the highlight show length from the user includes: displaying, by the one or more processors, a plurality of highlight show lengths on the user interface; and receiving, by the one or more processors, a user length selection via the user interface of the highlight show length.
Claim 2. The computer-implemented method of claim 1, further comprising, at the output device, outputting a plurality of possible viewing lengths; wherein receiving the first user selection comprises receiving first input, from the user, that selects one of the plurality of possible viewing lengths to be used as the viewing length.
Claim 59. The computer-implemented method of claim 54, wherein the first attribute includes at least one of: a team corresponding to the one or more events, a player corresponding to the one or more events, a coach corresponding to the team, one or more penalties corresponding to the one or more events, a length of the one or more events, a statistic corresponding to the one or more events, or a play type corresponding to the one or more events.
Claim 3. The computer-implemented method of claim 2, further comprising, at the output device, outputting a plurality of possible attributes selected from the group consisting of a team playing in the one or more sports events, a player playing in the one or more sports events, and a type of play occurring in the one or more sports events; wherein receiving the first user selection further comprises receiving second input, from the user, that selects one of the plurality of possible attributes to be used as the first attribute.
Claim 60. The computer-implemented method of claim 54, the computer implemented method further comprising: generating, by the one or more processors, content corresponding to the highlight show; and displaying, by the one or more processors, the content on the user interface.
Claim 30 includes all the limitations of Claim 54 of the instant application including generating and displaying the highlight show.
Similarly, Claims 61, 62, 63, 64, 65, 66, 67 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 54, 55, 56, 57, 58, 59, 60 of US patent 11,863,848 B1, respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 54, 55, 56, 57, 58, 59, 60 of US patent 11,863,848 B1 teach every limitation of claims 61, 62, 63, 64, 65, 66, 67, respectively.
Claims 68, 69, 70, 71, 72, 73 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 54, 55, 56, 57, 58, 59 of US patent 11,863,848 B1, respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 54, 55, 56, 57, 58, 59 of US patent 11,863,848 B1 teach every limitation of claims 68, 69, 70, 71, 72, 73 of the instant application, respectively.
Conclusion
Any inquiry concerning this communication should be directed to JOHN M HEFFINGTON at telephone number (571)270-1696.
Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M HEFFINGTON whose telephone number is (571)270-1696. The examiner can normally be reached on Monday through Friday from 9:30 am to 5:30 pm Eastern.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Cesar B Paula, can be reached at telephone number 571-272-4128. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice.
/J.M.H/Examiner, Art Unit 2145 6/24/2026
/CHAU T NGUYEN/Primary Examiner, Art Unit 2145
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