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, 3-11, 13-20, 51-52
Claims amended: 1, 3, 11, 13, 20,
Claims cancelled: 2, 12, 21-50
New claims: 51-52,
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1, 11, 20, have been fully considered.
Regarding applicant’s remarks dated 02/12/2026, regarding currently cited references all fail to teach currently amended portions of the claims.
Upon further consideration, a new ground(s) of rejection is made in further view of Cook, see action below for details.
Applicant’s arguments, with respect to the rejection(s) of claim(s) 3-11, 13-20, have been fully considered and are rejected based on the same reason(s) as claim(s) 1, 11, and 20 above.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 20, are/is rejected under 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor(s), at the time the application was filed, had possession of the claimed invention.
For claim 20, states that the “…determining that the second content item is no longer available on the next channel; and based at least in part on determining that the second content item is no longer available on the next channel, removing the first channel from the DHCQ after moving the next channel to the second position. . ..” However, examiner was unable to find written support for this claim amended limitation, please cite specific figure(s) and/or paragraph(s) within the disclosure where this is supported.
Further action is required.
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, 4-8, 10-11, 14-18, 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20160119684) to (Flores) in view of (US 20020108113) to (Schaffer) in view of (US 20070192791) to (Sullivan) in view of (US 20220116686) to (Cook).
Regarding claim(s) 1, 11, Flores teach a system comprising: memory; control circuitry (Fig. 1, p. 18, 36-38, 75-81, 92,) configured to: generate for display a first content item of a first channel; (Fig 3, #104, P. 9, method of providing a channel surfing functionality in which a channel controller controls a subsequent channel to be presented to a user when the user is channel surfing...using the channel controller) determine a personalized ranking score for each channel of a plurality of channels; determine a dynamic future channel queue (DFCQ), stored in the memory, comprising one or more unviewed channels wherein the one or more unviewed channels are ordered in the DFCQ based on the respective personalized ranking score of each unviewed channel; (Fig 3, P. 17, 41, 44-45, navigating to the selected channel and displaying streaming data associated with the selected channel on the content playback device...receiving user input about a desired theme; and ordering the prioritized list such that channels in the collection are higher in the list than channels not in the collection or data may be employed to prioritize a channel surfing list such that channels that have started new programming are prioritized higher than those that have not) receive a command to display a next channel; and generate for display a second content item of the next channel wherein the next channel is selected from the DFCQ based on the order of the DFCQ. (Fig 3. P. 46, 49-50, numerical order 74 of the channels may be employed... employed following the determination of a subsequent channel or prioritized list,...Using the received data, a prioritized list is then determined (step 106). The prioritized list, provides one or more channels which will be consecutively or sequentially navigated to upon command by the user, e.g., upon reception of a “next channel” or “subsequent channel” command or the like.... then select a subsequent channel based on the prioritized list (step 108), e.g., the next channel in the list, and the selected channel may then be navigated to (step 112))
Flores teach a personalized ranking for each channel of a plurality of channels.
Flores fail to specifically teach a personalized ranking score.
Schaffer specifically teach a personalized ranking score. (Fig. 6-8B, P. 55, 36, 38-39
determining recommendation score, Real-time events are electronically recommended using a function of time...tuned to a particular real-time event using a surf ring related to recommendations)
Flores further teach moving the next channel from the DFCQ. (Fig 3, P. 17, 65, if the above two conditions are met, the channel may be removed from the prioritized list until a new content item is being displayed by the channel).
Sullivan further teach determine a dynamic history channel queue (DHCQ) comprising one or more recently viewed channels wherein the one or more recently viewed channels are ordered in the DHCQ based at least in part on recency and wherein first channel is in a first position in the DHCQ; move next channel to first position in DHCQ; and move the first channel to a second position in the DHCQ. (Fig 2-5, P. 41-44, As shown in a channel history lineup 220 at a time subsequent to the lineup 210, a user opts to view a channel previously viewed several channels back in time. The user may go "back" through the channels they have previously viewed in much the same way as a web browser allows navigation of web pages. Each time the user goes "back" another channel, a previously viewed channel is displayed on the display 118 or 126, until the destination channel is found. In the illustration, the viewer goes "back" to channel 83, As shown in a channel history lineup 230 at a time subsequent to the lineup 220, a user opts to view a channel previously viewed several channels back in time. The user may go "backward" or "forward" through the channels they have previously viewed in much the same way, in the scenario above, when the selected “net channel” is displayed, it is recorded as the first channel (most recent) in the DHCQ list, and recording the prior displayed channel as the 2nd channel (2nd most recent) in the DHCQ, which reads on (move next channel to first position in the DHCQ; and move the first channel to a second position in the DHCQ)).
Flores teach the concept of removing the next channel from DFCQ list, and Sullivan teach the tracking the viewing channels as DHCQ and moving currently viewing channel as first in position for DHCQ, combined they teach the concept of moving the next channel from the DFCQ to first position in the DHCQ; and move the first channel to a second position in the DHCQ.
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 Flores in view of Schaffer in view of Sullivan by determine a dynamic history channel queue (DHCQ) comprising one or more recently viewed channels wherein the one or more recently viewed channels are ordered in the DHCQ based at least in part on recency and wherein first channel is in a first position in the DHCQ; move next channel to first position in DHCQ; and move the first channel to a second position in the DHCQ as taught by Sullivan in order to efficiently provide viewers with content of interest instead of wasting most of their time switching channels.
Flores in view of Schaffer in view of Sullivan teach the first content item, the first channel, the DHCQ.
Cook further teach determining that content item is no longer available on channel; and based at least in part on determining that the content item is no longer available on channel, removing channel from list. (P. 61 – some entities (e.g., the programs) may have ended based on the current time. For example, if an entity ended at 9:30 AM, and the current time is 9:35 AM, then that entity is out of date and guide generator removes that entity from the list of ranked entities).
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 Flores in view of Schaffer in view of Sullivan by determining that content item is no longer available on channel; and based at least in part on determining that the content item is no longer available on first channel, removing first channel from list as taught by Cook in order to provide a more easily accessible and intuitive guide.
Regarding claim(s) 4, 14, Flores in view of Schaffer in view of Sullivan in view of Cook teach the method, the system, the control circuitry, the first channel, the next channel, to determine the personalized ranking score for each channel of the plurality of channels.
Flores further teach scoring each content item of plurality of content items based on a personalized ranking algorithm; and determining the personalized ranking score for each channel based on the scoring of the respective content item of the plurality of content items. (Fig 3, P. 10, 17, 41, 44-45, 46, 49-50, navigating to the selected channel and displaying streaming data associated with the selected channel on the content playback device...receiving user input about a desired theme; and ordering the prioritized list such that channels in the collection are higher in the list than channels not in the collection or data may be employed to prioritize a channel surfing list such that channels that have started new programming are prioritized higher than those that have not, basing an order of the prioritized list on a popularity or a status of playback of content items being displayed by the respective channels. The status of playback may be based on a combination of system clock data, guide data, and metadata about a time remaining or time elapsed in the playback of the content item, or on an indication from a server that a number of systems viewing the channel has increased by at least a predetermined percentage).
Sullivan further teach detecting a plurality of content items available on each channel of the plurality of channels. (Fig 2B, P. 28, 53-55, each receivable station, data regarding the current show, S.sub.c, is retrieved, then a nominal recommendation function value, R.sub.c, is computed.).
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 Flores in view of Schaffer in view of Sullivan in view of Cook by detecting a plurality of content items available on each channel of the plurality of channels as taught by Sullivan in order to efficiently provide viewers with content of interest instead of wasting most of their time switching channels.
Regarding claim(s) 5, 15, Flores in view of Schaffer in view of Sullivan in view of Cook teach the method, the system, the control circuitry, the first channel, the next channel, to score each content item of the plurality of content items based at least in part on the personalized ranking algorithm.
Flores further teach determining a time remaining for each content item of the plurality of content items. (Fig 3, P. 10, 17, 41, 44-45, 46, 49-50, navigating to the selected channel and displaying streaming data associated with the selected channel on the content playback device...receiving user input about a desired theme; and ordering the prioritized list such that channels in the collection are higher in the list than channels not in the collection or data may be employed to prioritize a channel surfing list such that channels that have started new programming are prioritized higher than those that have not, basing an order of the prioritized list on a popularity or a status of playback of content items being displayed by the respective channels. The status of playback may be based on a combination of system clock data, guide data, and metadata about a time remaining or time elapsed in the playback of the content item, or on an indication from a server that a number of systems viewing the channel has increased by at least a predetermined percentage).
Regarding claim(s) 6, 16, Flores in view of Schaffer in view of Sullivan in view of Cook teach the method, the system, the control circuitry, the first channel, the next channel, the personalized ranking score for each channel of the plurality of channels was determined, the DFCQ the unviewed channels.
Schaffer further teach determine that a predetermined length of time has passed since
personalized ranking for each channel of the plurality of channels was determined; and after determining that the predetermined length of time has passed: determine an updated personalized ranking for each channel of the plurality of channels; and determine an updated order of unviewed channels in DFCQ based on the updated personalized ranking. (Fig. 4, 6-8B, P. 55, 36, 38-39, 68-69, 71, determining recommendation score, Real-time events are electronically recommended using a function of time...tuned to a particular real-time event using a surf ring related to recommendations,… it is tested whether the list is obsolete (fig 4, 406) ...list may be deemed obsolete after some threshold time, such as five or fifteen minutes, if yes at (402), the ranking list is re-calculated).
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 Flores in view of Schaffer in view of Sullivan in view of Cook by determine that a predetermined length of time has passed since personalized ranking for each channel of the plurality of channels was determined; and after determining that the predetermined length of time has passed: determine an updated personalized ranking for each channel of the plurality of channels; and determine an updated order of unviewed channels in DFCQ based on the updated personalized ranking as taught by Schaffer in order to constitutes a type of recommendation, based only on the preferred genre.
Regarding claim(s) 7, 17, Flores in view of Schaffer in view of Sullivan in view of Cook teach the method, the system, the control circuitry, the second content item of the next channel, the first position in the DHCQ.
Sullivan further teach receive a command to display a previous channel; and generate for display second content item of next channel based on next channel currently being in first position in DHCQ. (Fig 2-5, P. 41-44, As shown in a channel history lineup 220 at a time subsequent to the lineup 210, a user opts to view a channel previously viewed several channels back in time. The user may go "back" through the channels they have previously viewed in much the same way as a web browser allows navigation of web pages. Each time the user goes "back" another channel, a previously viewed channel is displayed on the display 118 or 126, until the destination channel is found. In the illustration, the viewer goes "back" to channel 83, As shown in a channel history lineup 230 at a time subsequent to the lineup 220, a user opts to view a channel previously viewed several channels back in time. The user may go "backward" or "forward" through the channels they have previously viewed in much the same way, in the scenario above, when the selected “net channel” is displayed).
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 Flores in view of Schaffer in view of Sullivan in view of Cook by receive a command to display a previous channel; and generate for display second content item of next channel based on next channel currently being in first position in DHCQ as taught by Sullivan in order to efficiently provide viewers with content of interest instead of wasting most of their time switching channels.
Regarding claim(s) 8, 18, Flores in view of Schaffer in view of Sullivan in view of Cook teach the method, the system, the control circuitry, the first content item of the first channel, first channel currently being in the first position in the DHCQ.
Sullivan further teach receive a command to display a next previous channel; and generate for display first content item of first channel based on first channel currently being in first position in DHCQ. (Fig 2-5, P. 41-44, As shown in a channel history lineup 220 at a time subsequent to the lineup 210, a user opts to view a channel previously viewed several channels back in time. The user may go "back" through the channels they have previously viewed in much the same way as a web browser allows navigation of web pages. Each time the user goes "back" another channel, a previously viewed channel is displayed on the display 118 or 126, until the destination channel is found. In the illustration, the viewer goes "back" to channel 83, As shown in a channel history lineup 230 at a time subsequent to the lineup 220, a user opts to view a channel previously viewed several channels back in time. The user may go "backward" or "forward" through the channels they have previously viewed in much the same way, in the scenario above, when the selected “net channel” is displayed).
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 Flores in view of Schaffer in view of Sullivan in view of Cook by receive a command to display a next previous channel; and generate for display first content item of first channel based on first channel currently being in first position in DHCQ as taught by Sullivan in order to efficiently provide viewers with content of interest instead of wasting most of their time switching channels.
Regarding claim(s) 10, Flores in view of Schaffer in view of Sullivan in view of Cook teach the method, the system, the control circuitry, the generating for display the second content item of the next channel.
Sullivan further teach providing for display a picture-in-picture preview. (Fig 2-5, P. 41-44, 55, As shown in a channel history lineup 220 at a time subsequent to the lineup 210, a user opts to view a channel previously viewed several channels back in time. The user may go "back" through the channels they have previously viewed in much the same way as a web browser allows navigation of web pages. Each time the user goes "back" another channel, a previously viewed channel is displayed on the display 118 or 126, until the destination channel is found. In the illustration, the viewer goes "back" to channel 83, As shown in a channel history lineup 230 at a time subsequent to the lineup 220, a user opts to view a channel previously viewed several channels back in time. The user may go "backward" or "forward" through the channels they have previously viewed in much the same way, in the scenario above, when the selected “net channel” is displayed, the channels can be displayed in thumbnail format as shown in Fig 4, 400, specifically P. 53-55).
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 Flores in view of Schaffer in view of Sullivan in view of Cook by providing for display a picture-in-picture preview as taught by Sullivan in order to efficiently provide viewers with content of interest instead of wasting most of their time switching channels.
Regarding claim(s) 20, Flores teach generate for display a first content item of a first channel; (Fig 3, #104, P. 9, method of providing a channel surfing functionality in which a channel controller controls a subsequent channel to be presented to a user when the user is channel surfing...using the channel controller) determining a dynamic future channel queue (DFCQ) comprising one or more unviewed channels wherein the one or more unviewed channels are ordered in the DFCQ based on respective personalized ranking scores of each unviewed channel; (Fig 3, P. 17, 41, 44-45, navigating to the selected channel and displaying streaming data associated with the selected channel on the content playback device...receiving user input about a desired theme; and ordering the prioritized list such that channels in the collection are higher in the list than channels not in the collection or data may be employed to prioritize a channel surfing list such that channels that have started new programming are prioritized higher than those that have not) receiving a command to display a next channel; generating for display a second content item of the next channel…, receiving a command to display a second next channel; and generating for display a third content item of the second next channel wherein the second next channel is selected a first position in the DFCQ. (Fig 3. P. 46, 49-50, numerical order 74 of the channels may be employed... employed following the determination of a subsequent channel or prioritized list,...Using the received data, a prioritized list is then determined (step 106). The prioritized list, provides one or more channels which will be consecutively or sequentially navigated to upon command by the user, e.g., upon reception of a “next channel” or “subsequent channel” command or the like....then select a subsequent channel based on the prioritized list (step 108), e.g., the next channel in the list, and the selected channel may then be navigated to (step 112), in the case where the user selects the next channel, a second content item is displayed, and in the case where user selects the second next channel, a third content item is displayed based on the prioritized list of channel content).
Flores teach a personalized ranking for each channel of a plurality of channels.
Flores fail to specifically teach a personalized ranking score.
Schaffer specifically teach a personalized ranking score. (Fig. 6-8B, P. 55, 36, 38-39
determining recommendation score, Real-time events are electronically recommended using a function of time...tuned to a particular real-time event using a surf ring related to recommendations)
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 Flores by a personalized ranking score as taught by Schaffer in order to constitutes a type of recommendation, based only on the preferred genre.
Flores further teach moving second next channel from first position in the DFCQ. (Fig 3, P. 17, 65, if the above two conditions are met, the channel may be removed from the prioritized list until a new content item is being displayed by the channel).
Sullivan further teach moving second next channel to first position in DHCQ; and moving the next channel to the second position in the DHCQ and the first channel to a third position in the DHCQ. (Fig 2-5, P. 41-44, As shown in a channel history lineup 220 at a time subsequent to the lineup 210, a user opts to view a channel previously viewed several channels back in time. The user may go "back" through the channels they have previously viewed in much the same way as a web browser allows navigation of web pages. Each time the user goes "back" another channel, a previously viewed channel is displayed on the display 118 or 126, until the destination channel is found. In the illustration, the viewer goes "back" to channel 83, As shown in a channel history lineup 230 at a time subsequent to the lineup 220, a user opts to view a channel previously viewed several channels back in time. The user may go "backward" or "forward" through the channels they have previously viewed in much the same way, in the scenario above, when the selected “net channel” is displayed, it is recorded as the first channel (most recent) in the DHCQ list, and recording the prior displayed channel as the 2nd channel (2nd most recent) in the DHCQ, which reads on (moving second next channel to first position in DHCQ; and moving the next channel to the second position in the DHCQ and the first channel to a third position in the DHCQ)).
Flores teach the concept of removing the next channel from DFCQ list, and Sullivan teach the tracking the viewing channels as DHCQ and moving currently viewing channel as first in position for DHCQ, combined they teach the concept of moving the next channel from the DFCQ to first position in the DHCQ; and move the first channel to a second position in the DHCQ.
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 Flores in view of Schaffer in view of Sullivan by moving second next channel to first position in DHCQ; and moving the next channel to the second position in the DHCQ and the first channel to a third position in the DHCQ as taught by Sullivan in order to efficiently provide viewers with content of interest instead of wasting most of their time switching channels.
Sullivan further teach first channel is in a second position in a dynamic history channel queue (DHCQ), wherein the DHCQ comprises channels that are presenting previously viewed content items; … wherein next channel is in a first position in the DHCQ. (Fig 2-5, P. 43-44, As shown in a channel history lineup 220 at a time subsequent to the lineup 210, a user opts to view a channel previously viewed several channels back in time. The user may go "back" through the channels they have previously viewed in much the same way as a web browser allows navigation of web pages. Each time the user goes "back" another channel, a previously viewed channel is displayed on the display 118 or 126, until the destination channel is found. In the illustration, the viewer goes "back" to channel 83, As shown in a channel history lineup 230 at a time subsequent to the lineup 220, a user opts to view a channel previously viewed several channels back in time. The user may go "backward" or "forward" through the channels they have previously viewed in much the same way).
Flores in view of Schaffer in view of Sullivan teach the first content item, the second content item, the first channel, the next channel, the DHCQ.
Cook further teach determining that content item is no longer available on channel; and based at least in part on determining that the content item is no longer available on channel, removing channel from list. (P. 61 – some entities (e.g., the programs) may have ended based on the current time. For example, if an entity ended at 9:30 AM, and the current time is 9:35 AM, then that entity is out of date and guide generator removes that entity from the list of ranked entities).
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 Flores in view of Schaffer in view of Sullivan by determining that content item is no longer available on channel; and based at least in part on determining that the content item is no longer available on channel, removing channel from list as taught by Cook in order to provide a more easily accessible and intuitive guide.
Claim(s) 9, 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20160119684) to (Flores) in view of (US 20020108113) to (Schaffer) in view of (US 20070192791) to (Sullivan) in view of (US 20220116686) to (Cook) in view of (U 20020152459) to (Bates).
Regarding claim(s) 9, 19, Flores in view of Schaffer in view of Sullivan in view of Cook teach the method, the system, the control circuitry, the first channel, the next channel, the first content item, the first channel, the DHCQ, the DFCQ, the first personalized ranking score.
Schaffer further teach determining a first personalized ranking for first
channel; and adding first channel to DFCQ in a position based on the first personalized ranking. (Fig. 4, 6-8B, P. 55, 36, 38-39, 68-69, 71, determining recommendation score, Real-time events are electronically recommended using a function of time...tuned to a particular real-time event using a surf ring related to recommendations,… it is tested whether the list is obsolete (fig 4, 406) ...list may be deemed obsolete after some threshold time, such as five or fifteen minutes, if yes at (402), the ranking list is re-calculated).
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 Flores in view of Schaffer in view of Sullivan in view of Cook by determining a first personalized ranking for first channel; and adding first channel to DFCQ in a position based on the first personalized ranking as taught by Schaffer in order to constitutes a type of recommendation, based only on the preferred genre.
Flores in view of Schaffer in view of Sullivan in view of Cook fail to specifically teach determine that a predetermined length of time has passed since first channel was last viewed; after determining that the predetermined length of time has passed: removing the first channel from DHCQ;
Bates teach determine that a predetermined length of time has passed since first channel was last viewed; after determining that the predetermined length of time has passed: removing the first channel from DHCQ. (Fig. 6A, 610, P. 29-30, Block 610 scans the History Structure 400 looking for records 420 with a last viewed date value 435 that is older than some threshold…If the television show represented by a particular record 400 has not been viewed for within the threshold period the record is removed from the history structure (DHCQ) and its storage is reclaimed)
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 Flores in view of Schaffer in view of Sullivan in view of Cook by determine that a predetermined length of time has passed since first channel was last viewed; after determining that the predetermined length of time has passed: removing the first channel from DHCQ as taught by Bates in order to provide a channel control that will allow the viewer to swap between the current surfing position and the show of interest so that the "territory" covered during a channel surf can be extended.
Allowable Subject Matter
Claim(s) 3, 13, 51-52, are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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
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