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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—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 or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 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.
Claims 53 and 63 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 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 or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The claimed feature “the second user is a content provider of the media asset; and the guidance data is received from the content provider” is not described in the original specification. According to the applicant’s specification at paragraphs 0128-0129, content source 516 including a content provider of content provides the media asset and the media guidance data is received from as media guidance data source 518. As understood by ordinary skill in the art and taking into account the applicant's specification, examiner interpreted that a content provider provides the media asset; and the guidance data is received from a media guidance data source for purposes of examination only.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 52-59, 61-69 and 71 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dykeman et al. (US 20130170819 A1) [IDS dated 08/13/2024].
Regarding claim 52, Dykeman teaches a method, comprising:
receiving a request to record a media asset that is scheduled to be transmitted during a time slot having a predetermined start time and a predetermined end time (control circuitry 304 receives a user’s selection as a request for recording a video that is scheduled for transmission in a time slot comprising a start and end times – see 0048, 0049, 0061, 0113);
determining that the media asset is recording, on a device associated with a first user, during the time slot (the control circuit 304 determines that the video is recording on a user equipment device associated with a remote user, e.., 402 or 404 – see FIG. 4, 0061, 0130);
determining, using guidance data for the media asset, that the media asset will be transmitted past the predetermined end time, wherein the guidance data is associated with a second user (control circuitry 304 determines that the video will be transmitted beyond the scheduled end time according to information related to the video, e.g., user selection for extension of the video recording 1030, as a part of guidance data associated with a user. See FIG. 10, 0026, 0027, 0145, 0146); and
adjusting the predetermined end time to a later extended end time (media guidance data source 418 updates the media asset schedule information for the video with a new scheduled end time, e.g., 9 PM instead of 8:30 PM. See FIGs, 4 & 10, 0146, 0148).
Regarding claim 53, the claimed features are interpreted as a content provider provides the media asset; and the guidance data is received from a media guidance data source that are read on the teaching of Dykeman (a content provider included in content source 416 provides the video and the updated media asset schedule information as part of guidance data is received from a media guidance data source 418 – see 0026, 0027, 0065, 0066, 0146, 0148).
Regarding claim 54, Dykeman teaches that wherein the guidance data comprises information indicating the second user is receiving a transmission of the media asset at a time later than the predetermined end time (the updated the media asset schedule information as part of guidance data indicates that the user is receiving a transmission of the video using a new scheduled end time, e.g., 9 PM instead of 8:30 PM, via user equipment device. See FIG. 4, 0026, 0027, 0146, 0148).
Regarding claim 55, Dykeman teaches that wherein the guidance data comprises information indicating that the second user is receiving a continuous transmission, from a content source that transmits the media asset, from a first time before the predetermined end time to a second time after the predetermined end time (the updated the media asset schedule information as a part of guidance data indicates that the user continues receiving the transmission of video, via user equipment device, from content source from the original scheduled time to a new scheduled end time. See FIG. 4, 0026, 0027, 0146, 0148).
Regarding claim 56, Dykeman teaches that wherein the guidance data comprises information indicating that the second user has extended recording of the media asset, on a device associated with the second user, past the predetermined end time (the updated the media asset schedule information as part of guidance data indicates that the user has selected extend the recording of the video on other user equipment device associated with the user. See FIG. 10, 0026, 0027, 0146).
Regarding claim 57, Dykeman teaches that wherein determining that the media asset will be transmitted past the predetermined end time comprises determining that the second user has requested to extend recording of the media asset, on a device associated with the second user, within a threshold period of time before the predetermined end time (control circuitry determines that the user has requested, via a mobile device, to extend the recording of the video within a predetermined period of time before the scheduled end time , e.g., within five minutes. See 0141-0142).
Regarding claim 58, Dykeman teaches that wherein the guidance data comprises information indicating that (i) the second user is viewing the media asset on a first channel and (ii) the second user does not tune to a second channel after the predetermined end time (for example, guidance data shown onscreen indicates that the user is watching video 940 corresponding of a live event of a channel as shown in FIG. 9 and the user does not change to a different channel after the scheduled end time, e.g., 8:30PM, due to a selection of extending of the recording option 1030 as shown in FIG. 10. See FIGs. 9-10, 0026, 0027, 0140, 0146).
Regarding claim 59, Dykeman teaches that wherein the later extended end time is a predetermined amount of time after the predetermined end time (e.g., 15-minute extension or 30-minute extension as predetermined amount of time after the scheduled end time – see 0147).
Regarding claim 61, Dykeman teaches determining the media asset is a live event, wherein the determining that the media asset will be transmitted past the predetermined end time and adjusting the predetermined end time are performed based at least in part on determining the media asset is the live event (the control circuitry determines the video corresponding to a live event and the video corresponding to the live event will be transmitted beyond the predetermined end time and updating the media asset schedule information for the video with a new scheduled end time. See 0046, 0048, 0049, 0066, 0146, 0147).
Regarding claims 62-69 and 71, see rejection of claims 52-59 and 61, respectively.
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, 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 60 and 70 are rejected under 35 U.S.C. 103 as being unpatentable over Dykeman et al. (US 20130170819 A1) [IDS dated 08/13/2024] in view of Walker et al. (US 20160019017 A1).
Regarding claim 60, Dykeman discloses that in some embodiments, instead of presenting the extension options, control circuitry 304 may by default always extend the recording of the video on the other user equipment device by 30 minutes or some other predetermined amount of time. See 0147. However, Dykeman does not explicitly that the predetermined amount of time is determined based on a profile of the first user. Walker teaches that time period t2 is a predetermined amount of time for an extra recording window after the scheduled end of selected by a user during profile setup or recording setup. See FIG. 9 and 0065. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dykeman by including a predetermined amount of time is determined based on a profile of a user as taught or suggested by Walker for the purpose of providing flexibility to the user to specify an amount of time as desired for extra recording.
Regarding claim 70, see rejection of claim 60.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Dolph (US 20070286582 A1) teaches systems, methods and media for managing extended content for digital programs by a digital video recording device.
Kusunoki et al. (US 20070172196 A1) teaches an apparatus and method for programming the recording of broadcast programs, for programming recording.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NGOC K VU whose telephone number is (571)272-7306. The examiner can normally be reached Monday & Thursday: 9AM-6PM EST; Tuesday, Wednesday & Friday: out of office.
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/NGOC K VU/Primary Examiner, Art Unit 2421