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 .
Miscellaneous
Claims pending: 1-19, 21, 23-24
Claims amended: 1, 13, 16,
Claims cancelled: 22, 22,
New claims: n/a
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1, 13, 16, have been fully considered.
Regarding applicant’s remarks dated 11/10/2025.
Upon further consideration and searching, a new ground(s) of rejection is made in view of Yasir, see action below for specific details.
Upon further consideration and searching, a new ground(s) of rejection is made in view of Merced and Pau for new claim(s) 23, 24, see action below for specific details.
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 (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 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.
Claim(s) 1-7, 10-19, 21, 23-24, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US PUB 20190200085) to (Merced) in view of (US 20200366959) to (Pau) in view of (US 20210321165) to (Yasir).
Regarding claim(s) 1, 13, 16, 21, Merced teach method of monitoring one or more
physiological parameters of a consumer of audio and/or visual content, determining from one or more sensors one or more expected physiological parameter values of the consumer when consuming the content based on content classification: comparing, by circuitry, the one or more expected physiological parameter values with one or more corresponding actual physiological parameter values of the consumer when consuming the content; and performing a process in response to one or more of the one or more actual physiological parameter values differing from its corresponding expected physiological parameter value, wherein the sensors are constantly monitoring the one or more expected physiological parameter values of the consumer when consuming the content. (Fig. 1A-1B, P 2-6, 8, 21-22, 37, 40-42, 116, 135, biometric device (i.e. Fitbit)(device) to monitor the user's heart rate throughout the duration of playback of content (monitoring one or more physiological parameters of a consumer of audio and/or visual content …actual physiological parameter values of the consumer when consuming the content, and wherein the sensors are constantly monitoring the one or more expected physiological parameter values of the consumer when consuming the content), while the device enablement rule may contain information about an expected biometric response, such as device enablement rule may indicate that the expected biometric response should be in a heart rate range of 90-100 beats per minute (the one or more expected physiological parameter values), and compare that with actual Fitbit heart rate reading being higher beats per minute, thus causing the system to determine the difference in the heart rate should cause a recommendation of a less scary horror content due to the higher than expected heart rate range (performing a process in response to one or more of the one or more actual physiological parameter values differing from its corresponding expected physiological parameter value)).
Merced further teach system comprising client and server comprising circuitry. (Fig. 1A-1B, P. 36, 84, 89)
Merced further teach A non-transitory storage medium comprising code components, which when executed on a computer, cause the computer to perform the program for controlling a computer to perform a method according to claim 1. (P. 60-61, 83, 85-88, 91-92)
Merced fail to specifically teach classifying content into a predetermined content classification based on a machine-learning Al trained content type (CT) model.
Pau teach classifying content into a predetermined content classification based on a
machine-learning Al trained content type (CT) model. (Fig 3B, P. 45, 56, 57, 59, 83,
identifies sensitive portions of the digital dataset likely to be in one or more defined content classifications, based at least in part on comparing unclassified portions of the digital dataset with classified portions of the prior media production using AI based application is used in the functional modules 331-337 of the content classification/cultural sensitivity assessment engine 330, two or more neural networks may have been trained using different neural network architectures, but with the same training data. In some aspect, the machine learning component of the AI application may be trained using an iterative training algorithm).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Merced by classifying content into a predetermined content classification based on a machine-learning Al trained content type (CT) model as taught by Pau in order to deliver more robust and efficient technology to recognize and assess cultural sensitivity and censorship concerns associated with media production.
Merced in view of pau fail to specifically teach genre classification.
Yasir teach genre classification. (Fig 4, P. 25, 31, 33-34, Clusters are thus associated with popular groupings of content genres viewed by many users, classification boundaries or boundaries in the content genre hyperspace used by machine learning model 300 which have been determined through training of model 300).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Merced in view of pau by genre classification as taught by Yasir in order to generating and presenting content recommendations for new users.
Regarding claim(s) 2, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server.
Merced further teach content is broadcast content and is classified based on one or more predetermined broadcast attributes of the content. (P. 8-9, 25, content can be linear broadcast sport events, or movie, and belong to horror genre)
Regarding claim(s) 3, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server, the one or more predetermined broadcast attributes.
Merced further teach metadata indicating one or more of a title, a genre, an event table descriptor, an electronic program guide and whether the content is a public service or private service broadcast. (P. 8-9, 25, 62, guidance data may include program information, guidance application settings, user preferences, user profile information, media listings, media-related information (e.g., broadcast times, broadcast channels, titles, descriptions, ratings information)
Regarding claim(s) 4, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server, the one or more physiological parameters.
Merced further teach one or more of blood pressure, heart rate and movement of the consumers. (Fig. 1A-1B, P 2-6, 8, 21-22, 37, 40-42, 116, 135, biometric device (i.e., Fitbit) (device) to monitor the user's heart rate throughout the duration of playback of content)
Regarding claim(s) 5, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more sensors are selected from, the consumer of audio and/or visual content, client, and server, the one or more physiological parameters.
Merced further teach determined from one or more of a camera, a microphone, a time-of-flight sensor, an electrocardiograph (ECG), ECG, sensor, an oxygen saturation probe, a wearable heart rate monitor, a wearable blood pressure monitor and a wearable respiratory monitor. (Fig. 1A-1B, P 2-6, 8, 21-22, 37, 40-42, 116, 135, biometric device (i.e., Fitbit) (device) to monitor the user's heart rate throughout the duration of playback of content)
Regarding claim(s) 6, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server, the one or more expected physiological parameter values of the consumer.
Merced further teach are determined based on physiological information provided by the consumer in advance. (P. 11-13, within the user profile, user creates the device enablement rule for measuring heart rate)
Regarding claim(s) 7, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server, the one or more expected physiological parameter values of the consumer.
Merced further teach determined based on current temporal and/or environmental information. (P. 102, viewer profile, and the viewer data may include current and/or historical user activity information (e.g., what content the user typically watches, what times of day the user watches content)
Regarding claim(s) 10, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server, the one or more expected physiological parameter values of the consumer, the process.
Merced further teach outputting an alert to a third party. (P. 41, 175, alerting another user regarding user).
Regarding claim(s) 11, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, using the one or more expected physiological parameter values, the one or more corresponding actual physiological parameter values
Merced further teach using one or more expected physiological parameter values and/or one or more corresponding actual physiological parameter values to output a content recommendation to the consumer. (Fig. 1A-1B, P 2-6, 8, 21-22, 37, 40-42, 116, 135, biometric device (i.e. Fitbit)(device) to monitor the user's heart rate throughout the duration of playback of content (actual physiological parameter values of the consumer when consuming the content), while the device enablement rule may contain information about an expected biometric response, such as device enablement rule may indicate that the expected biometric response should be in a heart rate range of 90-100 beats per minute (the one or more expected physiological parameter values), and compare that with actual Fitbit heart rate reading being higher beats per minute, thus causing the system to determine the difference in the heart rate should cause a recommendation of a less scary horror content due to the higher than expected heart rate range).
Regarding claim(s) 12, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server, the content recommendation.
Merced further teach a content playlist. (P. 59).
Regarding claim(s) 14, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more sensors, the one or more sensors the consumer of audio and/or visual content, client, and server, the content recommendation.
Merced further teach selected from one or more of the camera, time-of- flight sensor and microphone. (P. 6, 61, 111, camera capture monitor user eye movement, and other expressions).
Regarding claim(s) 15, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server, the content recommendation.
Merced further teach A television comprising a device according to claim 13. (P. 6, 61, 111, camera capture monitor user eye movement, and other expressions; user equipment device may have a front facing camera and/or a rear facing camera, on these user equipment devices, users may be able to navigate among and locate the same content available through a television).
Regarding claim(s) 17, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and the server, circuitry of the client, the one or more expected physiological parameter values of the consumer.
Merced further teach classify the content and determine the one or more expected physiological parameter values of the consumer when consuming the content based on information provided by the client. (P. 8, 22, 42, 135, checking monitored user heart rate data as compared to normal ranges and determining which level of horror content is appropriate for the viewer, such as recommending less scary horror content or more scary content)
Regarding claim(s) 18, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and the server, circuitry of the client, the one or more expected physiological parameter values of the consumer.
Merced further teach classify content and determine the one or more expected physiological parameter values of the consumer when consuming the content based on information provided by server. (P. 8, 22, 42, 135, checking stored database of different levels of heart rate ranges and determining which level of horror content is appropriate for the viewer, such as recommending less scary horror content)
Regarding claim(s) 19, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server, the one or more corresponding actual physiological parameter values of the consumer.
Merced further teach one or more corresponding actual physiological parameter values of consumer are determined based on sensor data of one or more sensors in communication with the client. (P. 37-38, 167-169, adjusting the user’s biometric heart rate ranges based on the actual user’s measured heart rates which can be different from the stored range)
Regarding claim(s) 23, Merced in view of pau in view of Yasir teach the method, the device, the system, the physiological parameters, the consumer.
Merced further teach physiological parameters are dependent on one or more viewer classifications of consumer. (P. 36, 166 the biometrics database may include heart rate measurements of various users. The heart rate measurements may be associated with content, progression points, and other details (e.g., biometrics) about users such as age and weight. Control circuitry 404 may retrieve the heart rate measurements for a plurality of users listed in the biometrics database that accessed “It: Chapter One” in the same content type as the user. More specifically, control circuitry 404 may determine whether the biometric response is associated with the first progression point. If so, control circuitry 404 may determine the average biometric response. For example, if control circuitry 404 retrieves 10,000 heart rate measurements associated with “It: Chapter One” (e.g., audiobook) at the first progression point (e.g., 12 minutes 50 seconds), control circuitry 404 may determine that the average heart rate is 82 beats per minute.)
Regarding claim(s) 24, Merced in view of pau in view of Yasir teach the method, the device, the system, the viewer classifications, the consumer.
Merced further teach recording consumer age, and a time-of-day content is being consumed by the consumer. (P. 36, 166 the biometrics database may include heart rate measurements of various users. The heart rate measurements may be associated with content, progression points, and other details (e.g., biometrics) about users such as age and weight. And P. 102, viewer data may include current and/or historical user activity information (e.g., what content the user typically watches, what times of day the user watches content, whether the user interacts with a social network, at what times the user interacts with a social network to post information, what types of content the user typically watches (e.g., pay TV or free TV), mood, brain activity information, etc.).
Pau further teach viewer classification are an age group consumer belongs to. (P. 95, Matching may be performed by the facial recognition module 208 between the average face of each age group with the face of the person detected from the received digital image. Using estimation, the age group exhibiting the highest similarity is determined to be the age group to which the face of the person detected from the digital image belongs. In an aspect, average faces of the respective age groups may be generated based on a large quantity of acquired normalized images of the respective age groups (e.g., 0 to 10 years, 10 to 20 years, and 20 to 30 years)).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Merced in view of Pau in view of Yasir by viewer classification are an age group consumer belongs to as taught by Pau in order to deliver more robust and efficient technology to recognize and assess cultural sensitivity and censorship concerns associated with media production.
Claim(s) 8-9, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US PUB 20190200085) to (Merced) in view of (US 20200366959) to (Pau) in view of (US 20210321165) to (Yasir) in view of (US PUB 20180240027) to (Karanam).
Regarding claim 8, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server,
Karanam further teach recording a series of actual values of each of one or more physiological parameters of the consumer over time, recording a series of actual values of each of one or more physiological parameters of the consumer over time. (P. 218, health responses to the presented media content are measured, analyzed and recorded).
Merced further teach adjusting the one or more expected physiological parameter values corresponding to the one or more physiological parameters for which a series of actual values is recorded based on recorded series of actual values. (P. 37-38, 167-169, adjusting the user’s biometric heart rate ranges based on the actual user’s measured heart rates which can be different from the stored range)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Merced in view of pau in view of Yasir by recording a series of actual values of each of one or more physiological parameters of the consumer over time, recording a series of actual values of each of one or more physiological parameters of the consumer over time as taught by Karanam in order to identify and exploit relationships between media consumption and health.
Regarding claim(s) 9, Merced in view of pau in view of Yasir teach the method, the device, the system for monitoring one or more physiological parameters of a consumer of audio and/or visual content, client, and server, the one or more expected physiological parameter values of the consumer, the process, the consumer.
Merced in view of pau in view of Yasir fail to specifically teach outputting an alert to consumer or a third party.
Karanam further teach outputting an alert to consumer. (P. 151, system alerting user regarding biometric measurements).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Merced in view of pau in view of Yasir by outputting an alert to consumer as taught by Karanam in order to identify and exploit relationships between media consumption and health.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONG LE whose telephone number is (571)270-7637. The examiner can normally be reached M-F (9 am - 6pm).
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/RONG LE/Primary Examiner, Art Unit 2421