DETAILED ACTION
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.
Claim Status
Claims 21, 23, 24, 29, 31, 32, 37, 39 and 40 are amended.
Claims 1-20, 22, 25-27, 30, 33-35 and 38 are cancelled.
No newly added claims.
Claims 21, 23, 24, 28, 29, 31, 32, 36, 37, 39 and 40 are presented for examination.
In view of the current amendment to claims 21, 24, 29, 32, 37, and 40 as well as cancellation of claims 22, 25-27, 20, 33-35 and 38, prior rejection of claims 21-40 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ) has been withdrawn.
Response to Arguments
Applicant's arguments filed in the amendment filed on 2/24/2026 have been fully considered but they are moot in new ground of rejection.
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 21, 24, 28, 29, 32, 36, 37 and 40 are rejected under U.S.C. 103 as being unpatentable over Dozoretz et al. (US 20090216727), in view of Wouhaybi et al. (US 20140215507).
Regarding claim 21, Dozoretz discloses, a method comprising:
tracking viewing habits associated with a user profile with respect to a plurality of previously viewed content items (Par. 0039, user’s preferences based upon preferred values for one or more parameters, such as user that enjoys 1970’s television shows have a preference for media release date parameters having values between 1970 and 1979, A parameter may annotate media that a user has already watched, has already identified as "of interest" but unwatched, or otherwise identified as desirable, Par. 0047, A user's behavior (e.g., choosing parameters, choosing values for parameters, choosing media, skipping or viewing advertisements, and the like) may be stored. In some cases, a profile for a user is created using stored behavior. A profile may include media watched by the user parameters and/or values associated with media of interest (e.g., media viewed by the user), i.e. user behavior of viewing media and associated parameters and values is tracked and stored in user’s profile, parameters and values can be user liking TV shows with values between 1970 and 1979);
determining an air date of each content item of the plurality of previously viewed content items (Par. 0040, A user's preference for media may be used to propose or offer other (e.g., heretofore unwatched) media. A previously unknown item of content sharing values with a preferred set of media may be presented to a user based on the item's correlation with the user's preferences or the preferred set. Thus, the aforementioned watcher of 1970's TV shows may be offered other types of media (e.g., movies, songs) having RELEASE_DATE values between 1970 and 1979, i.e. here preference (i.e. media interest parameters associated with user’s profile) to see older content released between 1970 and 1979 = oldness tolerance for older content released between1970 and 1979 and affinity to see content older than threshold end date of 1979, here for TV shows, release date = air date as made available to public via airing on television medium);
based at least in part on at least one of the tracked viewing habits or the air date for each content item of the plurality of previously viewed content items, determining an oldness tolerance value associated with the user profile (Par. 0040, A user's preference for media may be used to propose or offer other (e.g., heretofore unwatched) media. A previously unknown item of content sharing values with a preferred set of media may be presented to a user based on the item's correlation with the user's preferences or the preferred set. Thus, the aforementioned watcher of 1970's TV shows may be offered other types of media (e.g., movies, songs) having RELEASE_DATE values between 1970 and 1979, i.e. here preference (i.e. media interest parameters associated with user’s profile) to see older content released between 1970 and 1979 = oldness tolerance for older content released between1970 and 1979 and affinity to see content older than threshold end date of 1979, here for TV shows, release date = air date as made available to public via airing on television medium); wherein the oldness tolerance value is determined based at least in part on the viewing habits associated with the user profile indicating viewing of a newest episode of a series;
selecting recommendations for one or more content items, based at least in part on the oldness tolerance value and the air date of each of the one or more content items, wherein the one or more content items is not one of the plurality of previously viewed content items (Par. 0040, user's preference for media may be used to propose or offer other (e.g., heretofore unwatched) media. Thus, the aforementioned watcher of 1970's TV shows may be offered other types of media (e.g., movies, songs) having RELEASE_DATE values between 1970 and 1979); and
causing, via a display device, the recommended one or more content items to be displayed (Par. 0040, a previously unknown item of content sharing values with a preferred set of media may be presented to a user based on the item's correlation with the user's preferences or the preferred set).
Dozoretz does not disclose, wherein the oldness tolerance value is determined based at least in part on the viewing habits associated with the user profile indicating viewing of a newest episode of a series.
Wouhaybi discloses, wherein the oldness tolerance value is determined based at least in part on the viewing habits associated with the user profile indicating viewing of a newest episode of a series (Par. 0028, automatically selecting (i.e. recommending) a serial collection of shows based on predicted user preference, specific shows preferred by user is determined by statistical analysis of the user’s viewing patterns (i.e. viewing habits), some viewer have preference such as must view new episodes of their favorites shows as soon as those episodes are broadcast (i.e. user habit indicates viewing the newest episode or favorites shows (i.e. series) based on when they are aired).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Dozoretz by teaching of wherein the oldness tolerance value is determined based at least in part on the viewing habits associated with the user profile indicating viewing of a newest episode of a series, as taught by Wouhaybi, to improve user experience in finding the content that user may be interested in based on what content user explicitly to customize its recommendations to better match the user's interests and to identify special episodes of interest, as disclosed in Wouhaybi par. 0030.
Regarding claim 24, The method of claim 21,
Dozoretz in view of Wouhaybi further discloses, wherein the oldness tolerance value is determined to be low based at least in part on the viewing habits of the user profile indicating that the user associated with the user profile is watching the newest episode of the series (Wouhaybi Par. 0028, Users' preferences for nostalgic viewing vary as well, ranging from heavy doses of their favorite oldies, to occasional oldies, to only fresh content, some users must view new episodes of their favorite shows as soon as those episodes are broadcast, i.e. user preference to watch only fresh content such as watching the show or episode as soon as they broadcast means always watching newest show of the series compared to user who watches old contents. Therefore, user who prefers watches old content has high tolerance for older content while user must watch newest show does not like or has low tolerance, for old content).
Regarding claim 28, The method of claim 21,
Dozoretz further discloses, wherein the selecting the content item for display is further based at least in part on at least one of: a genre of the content item, a content type of the content item, a frequency of presentation of the content item, or a temporal length of the content item (Par. 0040, user's preference for media may be used to propose or offer other (e.g., heretofore unwatched) media. A previously unknown item of content sharing values with a preferred set of media may be presented to a user based on the item's correlation with the user's preferences or the preferred set. Thus, the aforementioned watcher of 1970's TV shows may be offered other types of media (e.g., movies, songs) having RELEASE_DATE values between 1970 and 1979, i.e. selecting to offer content item is based on content type being movies or songs).
Regarding claims 29, Dozoretz in view of Wouhaybi meets the claim limitations as set forth in claim 21, respectively, Dozoretz further discloses, control circuitry (Par. 0022, a media information system comprising a processor connected to a computer readable storage medium having embodied thereon a program executable by the processor to perform one or more methods).
Regarding claims 32, Dozoretz in view of Wouhaybi meets the claim limitations as set forth in claim 28.
Regarding claims 36, Dozoretz meets the claim limitations as set forth in claim 28.
Regarding claims 37, Dozoretz in view of Wouhaybi meets the claim limitations as set forth in claim 21, respectively, Dozoretz further discloses, a non-transitory computer-readable medium having instructions encoded thereon that, when executed by control circuitry, cause the control circuitry to (Par. 0022, a media information system comprising a processor connected to a computer readable storage medium having embodied thereon a program executable by the processor to perform one or more methods).
Regarding claims 40, Dozoretz in view of Wouhaybi meets the claim limitations as set forth in claim 28.
Claims 23, 31 and 39 are rejected under U.S.C. 103 as being unpatentable over Dozoretz et al. (US 20090216727), in view of Wouhaybi et al. (US 20140215507), in view of Roberts (US 20110107374).
Regarding claim 23, The method of claim 21,
Dozoretz in view of Wouhaybi does not disclose, wherein selecting the recommendations for the one or more content items further comprises:
ranking each of the one or more content items based on the air date of the each of the one or more content items.
Roberts discloses, wherein selecting the recommendations for the one or more content items further comprises:
ranking each of the one or more content items based on the air date of the each of the one or more content items (Par. 0025, a media content service provider (e.g., a distributor of media content providing a recommendation of a media content instance to a user based on user activity), Par. 0033, The generating of a media content watch list may include sorting media content watch list data included in the media content watch list. The sorting may be performed in any suitable way and based on one or more parameters, including predetermined parameters, including based on media content release or broadcast date).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Dozoretz in view of Wouhaybi by teaching of selecting the recommendations for the one or more content items includes ranking each of the one or more content items based on the air date of the each of the one or more content items, as taught by Roberts, to improve user experience in finding the content that user may be interested in, as disclosed in Roberts par. 0002.
Regarding claim 31, Dozoretz in view of Roberts meets the claim limitations as set forth in claim 23.
Regarding claim 39, Dozoretz in view of Roberts meets the claim limitations as set forth in claim 23.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKSHAY DOSHI whose telephone number is (571)272-2736. The examiner can normally be reached M-F 9:30 AM to 6:00 PM.
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/A.D./Examiner, Art Unit 2422
/JOHN W MILLER/Supervisory Patent Examiner, Art Unit 2422