DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
2. Applicant's arguments filed 11/25/2025 have been fully considered but they are not persuasive.
With respect to the last office action, Applicant discusses the claims limitations, the prior art of record (PAR or WARENICA and further argues that the PAR does not meet the claims limitations (see Applicant’s Remarks)
In response, Examiner disagrees. Examiner notes Applicant arguments, however, the PAR still meets the claims limitations for these reasons: The PAR generates real-time or virtual channels from real-time or linear manifest, generate on the fly, from real-time user gather data of media assets (EPG); the user gather data is based on real-time watching or viewing history (direct and/or indirect interactions as to channel changes, stop viewing, skipping of ads, etc,; to generate on-the-fly real-time or personal virtual channels using from the user gather data; content reviews; social media posts and/or other sources; user templates for generating the virtual personal channels based on the real-time user gather data (see figs 1-13, [0011-0013], [0031-0042] and [0064-0075]), as discussed below. Hence Applicant’s arguments are not persuasive. This office action is made FINAL.
Claim Rejections - 35 USC § 102
3. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WARENICA et al (2024/0107099).
As to claims 1-000, WARENICA discloses system and method for creating personalized media channels using EPG and further discloses a computer-implemented method for creating a virtual channel based on linear broadcast content, the method comprising:
Obtaining scheduling information and content information associated with a plurality of content items in a content schedule for two or more existing channels (EPG and associated plurality of content information), the content information comprising at least an identifier for each content item (figs.1-13, [0005-0009], [0037-0053] and [0059-0069]); content assets: video, audio, subtitles, images, metadata, etc.; pre-processing the content assets including to EPG data including specific channel information indicating type of content assets: VOD, personal recommendation, ads, etc.
determining, for each timeslot in a predetermined time period, a ranking for each content item scheduled in each timeslot; selecting, for each timeslot, a content item based on the ranking; and
creating one or more virtual channel schedules comprising at least the identifier for the selected content items from the two or more existing channels and wherein the ranking for each content item is based on one or more of: a popularity of the content items; a language of the content items; a type of the content items; metadata associated with the content items; a rule associated with the content items; or user activity associated with at least one user ([0037-0053], [0059-0075], [0081-0096] and [0110-0118]), virtual channel creation or playback of content assets: video, audio, subtitles, images, metadata, etc.,; pre-processing the content assets including transcoding to a common format: resolution and different bitrate format; imports EPG, the scheduler fills the time blocks based on interest, ratings, popularity and/or other criteria or rules; further includes ad slots/breaks; the EPG is configured to produce an EPG for the personalized channel using the personalized schedule and the metadata; Channel manifest manipulator crates a linear manifest with identifiers of the content or segments of the content according to the schedule using real-time user data or feedback, viewing/listening history, social media, etc., of other friends and/or users; comparing metadata of EPG and personalized user metadata and using templates to selected contents from a library of curated content; user real-time feedback data are further used to generate customized or targeted content segments/ads using current timeslots for media asset/ads.; generates real-time or virtual channels from real-time or linear manifest, generate on the fly, from real-time user gather data of media assets (EPG); the user gather data is based on real-time watching or viewing history (direct and/or indirect interactions as to channel changes, stop viewing, skipping of ads, etc,; to generate on-the-fly real-time or personal virtual channels using from the user gather data; content reviews; social media posts and/or other sources; user templates for generating the virtual personal channels based on the real-time user gather data
As to claim 3, WARENICA further discloses wherein the linear broadcast content is provided by a Free Ad-supported Streaming Television (FAST) channel provider ([0003] and [0006-0009]).
As to claim 4-6, WARENICA further discloses wherein the user activity comprises interactions by the at least one user in relation to a plurality of content items; wherein the user activity is associated with a plurality of content items interacted with by a single user or a single subscriber and wherein the user activity is associated with a plurality of content items interacted with by a plurality of users ([0037-0053], [0059-0075] and [0081-0096]), note remarks claims 1-2.
As to claim 7-10, WARENICA further discloses providing the one or more virtual channel schedules for display, wherein the scheduled content items in the one or more virtual channel schedules may be selectable by a user such that the user may delete and/or replace a selected item, wherein the selected item may be replaced by another content item scheduled to be broadcast on an existing channel in the same timeslot and wherein the selected item may be replaced by on demand content ([0037-0053], [0059-0075] and [0081-0096]), note remarks claims 1-2.
As to claim 11-13, WARENICA further discloses obtaining user-derived metadata representing at least some properties associated with the plurality of content items interacted with by the at least one user; obtaining content-derived metadata representing at least some properties associated with the plurality of content items in the content schedule; and comparing the user-derived metadata with the content-derived metadata to determine the ranking for each content item, determining a first weighting for the user-derived metadata and obtaining a second weighting for the content- derived metadata and comparing the second weighting with the first weighting to determine the ranking for each content item and wherein the ranking is based on how close the content-derived metadata for the scheduled content items matches the user-derived metadata ([0059-0075], [0081-0096] and [0110-0118]), filing time blocks selecting using rules/factors, including day of the week, time of the day and other real-time user data, note remarks in claims 1-2.
As to claim 14-16, WARENICA further discloses wherein the plurality of content items interacted with by the at least one user comprises content items having been one or more of: selected, viewed, recorded, purchased, read, listened to, played, shared, content rated, commented on, downloaded, watched, bookmarked, browsed, added to a shopping basket, watched or listened to a trailer, clicked on a search result, remotely recorded, set a reminder for, liked, disliked, tweeted, posted on social media, played purchased content, stopped watching, stopped playing or otherwise interacted with, wherein the content-derived metadata and/or the user-derived metadata comprises data relating to one or more of: actor; audience; award; category; character; character type; concept source; director; format; franchise; host; milieu; mood; producer; person; singer; subcategory; scenario; setting; sports competition; studio; style; subject; team; theme; time period; and writer and wherein the content items comprise one or more of: television content; video content, audio content, visual content, computer games, printed content, text-based content, live performances, movies, TV programs, music, podcasts, talking books, computer games, books, magazines, news, recipes, concerts, plays, comedy performances, entertainment or sporting events. ([0059-0075], [0081-0096] and [0110-0118]), filing time blocks selecting using rules/factors, including day of the week, time of the day and other real-time user(s) feedback data, note remarks in claims 1-2
As to claim 17--18, WARENICA further discloses storing the user activity and/or the interacted content items and/or metadata associated with the interacted content items in user profiles in a first memory resource remote from user devices and/or storing the scheduled content items and/or metadata associated with the scheduled content items in one or more content memory resource and determining a personalized ranking for multiple users at substantially a same time; selecting, for each timeslot and each of the multiple users, a content item based on the ranking; and creating one or more virtual channel schedules for each of the multiple users, said virtual channel schedules comprising at least the identifier for the selected content items ([0059-0075], [0081-0096] and [0110-0118]), filing time blocks selecting using rules/factors, including day of the week, time of the day and other real-time user(s) feedback data, note remarks in claims 1-2.
As to claim 19, the claimed: “A system for creating a virtual channel based on linear broadcast content, the system comprising processing circuitry configured to…” is composed of the same structural elements that were discussed with respect to claims 1-2.
As to claim 20, the claimed: “A non-transitory computer-readable medium that comprises…” is composed of the same structural elements that were discussed with respect to claims 1-2
Conclusion
5. 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.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached Monday-Friday 7-4.
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, BRUCKART BENJAMIN can be reached at 571-272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNAN Q SHANG/Primary Examiner, Art Unit 2424
ANNAN SHANG
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