DETAILED ACTION
Claim 1-20 is pending.
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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-22 of prior U.S. Patent No. 11,943,503. This is a statutory double patenting rejection.
Present Application 18/613,405
Patent 11,943,503
1. A method for evaluating multiple qualities of a presented content item, the method comprising:
associating, using a hardware processor, each measurement of a subset of a plurality of measurements from a plurality of measurement streams with a particular time position of the presentation of a content item, wherein groups of measurements are associated with respective time positions of the presentation of the content item;
in response to associating each measurement of the subset of the plurality of measurements with the particular time position of the presentation of the content item, determining, using the hardware processor, that a measurement from the plurality of measurements is not associated with the particular time position;
assigning, using the hardware processor, a missing measurement to the measurement that was not associated with the particular time position based on previous measurements from a corresponding measurement stream, wherein the missing measurement is included in a first group of measurements of the groups of measurements associated with respective time positions;
generating, using the hardware processor, combined scores at the respective time positions;
generating, using the hardware processor, a media quality score based on the combined scores at respective time positions for the presentation of the content item.
1. A method for evaluating multiple qualities of a presented content item, the method comprising:
associating, using a hardware processor, each measurement of a subset of a plurality of measurements from a plurality of measurement streams with a particular time position of the presentation of a content item, wherein groups of measurements are associated with respective time positions of the presentation of the content item;
in response to associating each measurement of the subset of the plurality of measurements with the particular time position of the presentation of the content item, determining, using the hardware processor, that a measurement from the plurality of measurements is not associated with the particular time position;
assigning, using the hardware processor, a missing measurement to the measurement that was not associated with the particular time position based on previous measurements from a corresponding measurement stream, wherein the missing measurement is included in a first group of measurements of the groups of measurements associated with the respective time positions;
multiplicatively combining, using the hardware processor, for each time position of the presentation of the content item associated with a respective group of measurements in the groups of measurements, each measurement in the respective group of measurements to generate combined scores at the respective time positions; and
generating, using the hardware processor, a media quality score based on the combined scores at respective time positions for the presentation of the content item.
Response to Arguments
Applicant's arguments filed 5/29/2025 have been fully considered but they are not persuasive.
Claim 1, the amendment of claim 1 related to combining scores and is still relating to the Double Patenting of 11,943,503. A Terminal Disclaimer is still required.
Conclusion
Claim 1-20 is rejected.
THIS ACTION IS MADE FINAL. 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.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSHFIKH I ALAM whose telephone number is (571)270-1710. The examiner can normally be reached 1:00PM-9:00PM.
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MUSHFIKH I. ALAM
Primary Examiner
Art Unit 2426
/MUSHFIKH I ALAM/Primary Examiner, Art Unit 2426 9/10/2025