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 .
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 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.
Status of Claims
Claims 51-66 are pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/20/2026 has been entered.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 51-66 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 20140068692 A1 to Archibong in view of US Pub. No. 20140125480 A1 to Utter.
Regarding claim 51, Archibong discloses a method for recommending media content, the method comprising:
detecting performance of an activity unrelated to media consumption (Archibong, detecting performance of interactions of the user with social networking system such as user 101 posting messages to social networking system, chatting with friends, user 101 is not currently viewing the particular show displayed on television, etc. – see include, but are not limited to, figures 7, 9, 13, 23-26, paragraphs 0100-0102, 0104, 0155, 0176, 0179);
retrieving activity data related to the activity unrelated to media consumption (Archibong, retrieving activity data such as posting, chatting, clicking advertisement, etc. related to the activity unrelated to watching the current TV show/movie being displayed on TV 830- see discussion in “response to arguments” above and, include, but are not limited to, figures 2, 8-9, 26, 36, paragraphs 0052-0056, 0059, 0066, 0223-0224);
predicting a future activity a user is likely to perform based on the activity data (Archibong, predicting a future activity such as user’s plan to record, plan to watch, etc. a user is likely to perform based on the activity data – see discussion in “response to arguments” above and, include, but are not limited to, paragraphs 0095, 0098-0100);
determining a media asset by cross-referencing the predicted future activity with a database associated with activity relationships (Archibong, determining a media asset/program by comparing/referencing the activity of posting, chatting, comments, etc. unrelated to the media consumption/watching on TV 83 with a database/log associated with activity relationships to recommend media asset/program to user – figures 2, 4, 7-9, 26, 36, paragraphs 0052-0056, 0098-0100, 0102 , 0223-0224, 0233-0252); and
generating, at a user device, a recommendation of the media asset (Archibong, generating, at a user device, a recommendation of the media asset/program in playlist 2510 comprises movies, TV shows, or other content that are recommended based on user(s)’ interest based on posting, comments, etc. – see include, but are not limited to, figures, paragraphs 0233, 0245, 0253-0258).
Archibong does not expressly disclose wherein the future activity is unrelated to media consumption.
Utter discloses predicting a future activity a user is likely to perform based on the activity data, wherein the future activity is unrelated to media consumption (Utter ¶0099, predict a future activity (e.g., a dance class) that is possible based on past visits to a location (e.g., a gym)).
It would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Archibong by predicting a future activity a user is likely to perform based on the activity data, wherein the future activity is unrelated to media consumption as disclosed by Utter. The suggestion/motivation would have been in order to yield predicable results of providing personalized experiences to the user using predicted future activity of the user thereby enhancing the user’s experience.
Regarding claim 52, Archibong discloses the method of claim 51, wherein retrieving activity data related to the activity unrelated to media consumption comprises retrieving the activity data from at least one of the user or an electronic device (Archibong, retrieving the activity data from at least one of a user or an electronic device such as client device, TV, social networking system, figures 1-2, 8-9, 15, 33, 37A-39).
Regarding claim 53, Archibong discloses the method of claim 51, wherein detecting performance of an activity unrelated to media consumption is based on a mobile electronic device being located within a threshold distance of an electronic device that is used to perform the activity (Archibong, e.g., mobile device being located within a threshold distance, proximity of an electronic device that is used to perform the activity – see include, but are not limited to, figures 4-8, 15, 25, paragraphs 0072, 0100-0102, 0114, 0119, 0166-0168, 0170-0171, 0234) .
Regarding claim 54, Archibong discloses the method of claim 51, further comprising, determining that the media asset is available following the activity unrelated to media consumption, wherein the determination comprises:
determining a time of completion for the activity unrelated to media consumption (Archibong, time for completion of posting a comment, chat, comment, etc. – see include, but are not limited to, paragraphs 0069, 0099, 0115, 0139, 0148, 0217, 0223); and determining whether the media asset corresponding to a retrieved identifier is available at the time of completion (determining whether the media asset/program corresponding to a retrieved identifier/title is available at the time of completion of posting, requesting, etc. – see include, but are not limited to, figures 11, 18, 25, 29, 35, paragraphs 0114-0115, 0139-0140, 0217, 0223, 0311-0314) .
Regarding claim 55, Archibong discloses the method of claim 51, further comprising: determining a type of user equipment available based on the activity unrelated to media consumption; identifying a user device of the type of determined user equipment (Archibong, e.g., identifying user device type such as mobile device, Iphone, Ipad, TV, STB, specific model, manufacturer, etc. – see include, but are not limited to, figures 4, 8-9, 17-18. 21, paragraphs 0094, 0167, 0168, 0180, 0186-0189); and wherein generating a recommendation of the media asset is at the identified user device (generating a recommendation of media content, product based on the identified user device – see include, but are not limited to, figures 0180, 0186-0189, 0233-0245).
Regarding claim 56, Archibong discloses the method of claim 55, wherein the determining the type of user equipment comprises: determining whether the type of user equipment available corresponds to presenting the media asset corresponding to a retrieved identifier; and in response to determining the type of user equipment available does not correspond to presenting the media asset corresponding to the retrieved identifier, selecting a different media asset (Archibong, type of user equipment such as mobile device, Iphone, device type for a child, etc., selecting or modifying a different content, product, that can provided to user based on parental control for device type of user, adult or device model, manufacturer, etc. for example, selecting different type of content, different product to be displayed on mobile device/Iphone instead of TV show displayed on TV or other type of device when user device is mobile device/Iphone or device for a child– see include, but are not limited to, paragraphs 0100-0102, 0168-0170, 0170, 0176, 0179-0188, 0298) .
Regarding claim 57, Archibong discloses the method of claim 51, wherein the database indicates subject matters for each of the media assets (e.g., subject matters, category, type of products, advertisement, TV shows, movies, games, messages, comments, posts, etc.), and wherein determining a media asset further comprises determining whether a subject matter of the media asset corresponds to the activity unrelated to media consumption (Archibong, see include, but are not limited to, figures 2, 18, 20, paragraphs 0054-0055, 0060, 0122, 0141, 0193, 0233, 0298, 0319) .
Regarding claim 58, Archibong discloses the method of claim 51, wherein the received activity data is received from a home appliance associated with cooking or cleaning, a door associated with an open state or a closed state, a security system associated with monitoring movement within a household, media equipment associated with presenting media, an electronic device associated with an active mode or an inactive mode, or a vehicle associated with transporting a user (activity data is received from a camera associated with monitoring movement within a household, room, an electronic device/TV associated with active (on) or inactive (off) mode, etc. – see include, but are not limited to, figures 1, 4, 9, 13, 15, 17, 33, paragraphs 0083, 0100-0102, 0119, 0160, 0171, 0176-0177, 0257, 0324, 0328).
Regarding claim 59, limitations of a system that correspond to the limitations of method in claim 51 are analyzed as discussed in the rejection of claim 51. Particularly, Archibong discloses a system for recommending media content, the system comprising: control circuitry configured to: detect performance of an activity unrelated to media consumption; retrieve activity data related to the activity unrelated to media consumption; predict a future activity a user is likely to perform based on the activity data; determine a media asset by cross-referencing the predicted future activity with a database associated with activity relationships; and generate, at a user device, a recommendation of the media asset (Archibong, see similar discussion in the rejection of claim 51 and include, but are not limited to, figures 1, 9, 37-39).
Regarding claims 60-66, the additional limitations of the system that correspond to the additional limitations of the method of claims 51-58 are analyzed as discussed in the rejection of claims 51-58.
Claims 51-66 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pub. No. 20130173765A1 to Korbecki in view of US Pub. No. 20140125480 A1 to Utter.
Note: all documents that are directly or indirectly incorporated by references in their entireties in Korbecki (paragraphs 0023, 0025, 0028, 0031, 0052, 0059, 0072) including US 20110069940 (hereinafter referred to as Shimy), U.S 20100153885 (referred to as Yates), US 8046801 (referred to as Ellis), 6756997 (referred to as Ward) are treated as part of the specification of Korbecki (See MPEP 2163.07 b).
Regarding claim 51, Korbecki discloses a method for recommending media content, the method comprising:
detecting performance of an activity unrelated to media consumption (detecting performance of an activity such as profile/preference setting, supplemental information selection, etc. unrelated to viewing media content being displayed on a television – see include, but are not limited to, Korbecki: figures 7-8, paragraphs 0027-0029, 0048, 0059, 0070, 0072, 0115, 0121; Shimy: figures 5-11, 14-18; Ward: col. 28, lines 1-62);
retrieving activity data related to the activity unrelated to media consumption (retrieving/processing activity data such as user preference/profile setting, selection of advertisement, chat, etc. related to the activity unrelated to watching the current TV show/movie being displayed– see include, but are not limited to, Korbecki: figures 8-9, 11, paragraphs 0027, 0048, 0109, 0114, 0120; Shimy: figures 5-11, 14-18, paragraphs 0043, 0044, 0068, 0121, 0124, 0153; Ward: col. 28, line 66-co. 29, line 66);
predicting a future activity a user is likely to perform based on the activity data (predicting future activity that user is likely perform such as user enter another room, user continue to watch the program on a second device, user tune to a particular channel, watching a particular program, etc. based on the activity data of user leaving the detection region, user select another device, user profile/preference setting, etc. – see include, but are not limited to, Shimy: figures 6, 8, 11, 14-18, paragraphs 0088-0091, 0094-0095, 0105, 0134-0135, 0138; Ward: col. 28, lines 1-62, col. 30, line 30-col. 32, line 37);
determining a media asset by cross-referencing the predicted future activity with a database associated with activity relationships (determining a media asset/program based on references of the future or plan activity action or tuning to a channel, watching a program, enter another room, access a second device, etc., with database associated with the activity relations – see discussion in “response to arguments”, and include, but are not limited to, Korbecki: figures 8-9, 11, paragraphs 0027, 0048, 0109, 0114, 0120; Shimy: figures 5-11, 14-18, paragraphs 0043, 0044, 0068, 0121, 0124, 0153; Ward: col. 28, line 66-co. 29, line 66; Yates: figures 4-7, 11); and
generating, at a user device, a recommendation of the media asset (generating, at a user device, a recommendation of the media asset/programs for display based on user preferences/profile - Korbecki: paragraphs 0026-0027, 0048; Shimy: figure 14, paragraphs 0043, 0044, 0068, 0121, 0124, 0153; Ward: col. 30, line31-col. 31, line 66; Yates: figures 4-7, 11).
Korbecki does not expressly disclose wherein the future activity is unrelated to media consumption.
Utter discloses predicting a future activity a user is likely to perform based on the activity data, wherein the future activity is unrelated to media consumption (Utter ¶0099, predict a future activity (e.g., a dance class) that is possible based on past visits to a location (e.g., a gym)).
It would have been obvious to a person of ordinary skilled in the art before the effective filing date of the claimed invention to modify Korbecki by predicting a future activity a user is likely to perform based on the activity data, wherein the future activity is unrelated to media consumption as disclosed by Utter. The suggestion/motivation would have been in order to yield predicable results of providing personalized experiences to the user using predicted future activity of the user thereby enhancing the user’s experience
Regarding claim 52, Korbecki discloses the method of claim 51, wherein retrieving activity data related to the activity unrelated to media consumption comprises retrieving the activity data from at least one of the user or an electronic device (retrieving the activity data from at least one of a user or an electronic device such as user television equipment, wireless device, etc. – see include, but are not limited to, Korbecki: figures 3-4, paragraphs 0027, 0029, 0138; Ellis: figures 3-5, 14-17; Shimy: figures 3-4, 7-11, 14-17, paragraphs 0044, 0055, 0121-0122, 0134).
Regarding claim 53, Korbecki discloses the method of claim 51, wherein detecting performance of an activity unrelated to media consumption is based on a mobile electronic device being located within a threshold distance of an electronic device that is used to perform the activity (e.g., mobile device/secondary device being located within a threshold distance, in range or proximity of an electronic device that is used to perform the activity – see include, but are not limited to, Korbecki: figures 9B-11, paragraphs 0006, 0037, 0067, 0072, 0095, 0113, 0116-0117; Shimy: figures 9-14, 17-20, paragraphs 0087, 0089, 0095-0096) .
Regarding claim 54, Korbecki discloses the method of claim 51, further comprising, determining that the media asset is available following the activity unrelated to media consumption, wherein the determination comprises:
determining a time of completion for the activity unrelated to media consumption (time for completion of setting, searching, selection, etc.); and determining whether the media asset corresponding to a retrieved identifier is available at the time of completion (determining whether the media asset/program corresponding to a retrieved identifier/title is available at the time of completion of searching/request/setting, interaction, etc. – see include, but are not limited to, Korbecki: figures 3, 7-8; Ellis: figure 10, col. 28, lines 25-33; Yates: figures 3-9) .
Regarding claim 55, Korbecki discloses the method of claim 51, further comprising: determining a type of user equipment available based on the activity unrelated to media consumption; identifying a user device of the type of determined user equipment (e.g., identifying user device type such as mobile device, computer device, laptop, etc. – see include, but are not limited to, Korbecki: figures 4-9, paragraphs 0070, 0133-0136); and wherein generating a recommendation of the media asset is at the identified user device (generating a recommendation of media content, advertisement, text, reminder, etc. based on the device type such as primary device, secondary device, Samsung device, device of a child, parent, etc. – see include, but are not limited to, Korbecki: figures 4-9, paragraphs 0005, 0035, 0046, 0083-0087, 0113-0224, 0133-0136, 0139; Shimy: figures 11, 14, paragraphs 0067, 0078, 0126-0127, 0159-0162, 0174).
Regarding claim 56, Korbecki discloses the method of claim 55, wherein the determining the type of user equipment comprises: determining whether the type of user equipment available corresponds to presenting the media asset corresponding to a retrieved identifier; and in response to determining the type of user equipment available does not correspond to presenting the media asset corresponding to the retrieved identifier, selecting a different media asset (type of user equipment such as mobile device, Iphone, device type for a child, etc., selecting or modifying a different content, product, that can provided to user based on parental control for device type of user, adult or device model, manufacturer, etc. for example, selecting different type of content to be displayed on mobile device/Iphone instead of TV show displayed on TV or other type of device when user device is mobile device/Iphone or device for a child– Korbecki: figures 4-9, paragraphs 0005, 0035, 0046, 0083-0087, 0113-0224, 0133-0136, 0139; Shimy: figures 11, 14, paragraphs 0067, 0078, 0126-0127, 0159-0163, 0174).
Regarding claim 57, Korbecki discloses the method of claim 51, wherein the database indicates subject matters for each of the media assets (e.g., subject matters, category, type of products, advertisement, TV shows, movies, games, messages, comments, posts, etc.), and wherein determining a media asset further comprises determining whether a subject matter of the media asset corresponds to the activity unrelated to media consumption (see include, but are not limited to, Korbecki: figures 1-2, 4-9, paragraphs 0005, 0035, 0046, 0083-0087, 0113-0224, 0133-0136, 0139; Shimy: figures 11, 14, paragraphs 0067, 0078, 0126-0127, 0159-0163, 0174 ) .
Regarding claim 58, Korbecki discloses the method of claim 51, wherein the received activity data is received from a home appliance associated with cooking or cleaning, a door associated with an open state or a closed state, a security system associated with monitoring movement within a household, media equipment associated with presenting media, an electronic device associated with an active mode or an inactive mode, or a vehicle associated with transporting a user (see include, but are not limited to, Korbecki: figures 4, 7-8, paragraphs 0037, 0063; Shimy: figures 6-7, 11, 14, paragraphs 0052, 0093, 0094, 0106-0107, 0140).
Regarding claim 59, limitations of a system that correspond to the limitations of method in claim 51 are analyzed as discussed in the rejection of claim 51. Particularly, Archibong discloses a system for recommending media content, the system comprising: control circuitry configured to: detect performance of an activity unrelated to media consumption; retrieve activity data related to the activity unrelated to media consumption; predict a future activity a user is likely to perform based on the activity data; determine a media asset by cross-referencing the predicted future activity with a database associated with activity relationships; and generate, at a user device, a recommendation of the media asset (see similar discussion in the rejection of claim 51 and include, but are not limited to, Korbecki: figures 6-7; Shimy: figures 3-4, 11, 14).
Regarding claims 60-66, the additional limitations of the system that correspond to the additional limitations of the method of claims 51-58 are analyzed as discussed in the rejection of claims 51-58.
Response to Arguments
Applicant's arguments with respect to claims 51-66 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Claims 51-66 have been rejected.
Correspondence Information
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/KYU CHAE/
Primary Examiner, Art Unit 2426
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