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 .
This communication is in response to Application No. 18/747232, filed on 6/18/2024. Claims 1-20 are currently pending and have been examined. Claims 1-20 have been rejected as follows.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: monitoring, using a media analysis module, a media viewing history of the user profile in claim 10. Sufficient corresponding acts and structure for the media analysis module is recited in [0042] of the instant specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Step 1: The claims 1-18 are a method and claims 19-20 are a system. Thus, each independent claim, on its face, is directed to one of the statutory categories of 35 U.S.C. §101. However, the claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A Prong 1: The independent claims (1 and 19, taking 1 as a representative claim) recite:
tracking consumption progress, associated with a user profile, of a video content from a video service, wherein the video content comprises a plurality of sequential video content items of a series;
providing to a game customization engine:
(a) data indicative of the consumption progress, associated with the user profile, of the video content, and
(b) a plurality of digital resources associated with a subset of the sequential video content items indicated as consumed by the data indicative of the consumption progress; and
based at least in part on identifying a gameplay session of a game application associated with the user profile and associated with the series, modifying, by the game customization engine, the gameplay session using at least one of the digital resources associated with the subset of the sequential video content items indicated as consumed by the consumption progress.
These limitations, except for the italicized portions, under their broadest reasonable interpretations, recite certain methods of organizing human activity for managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) as well as commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations). The claimed invention recites steps for tracking a user’s consumption of a content item and modifying the following content based on the user profile information. The steps under its broadest reasonable interpretation specifically fall under advertising activities. As presented in the specification in concert with the claimed invention, recommendations and personalization of video content is made to a user in the video content based on the profile information collected [see [006-008] of the instant application for examples]. The Examiner notes that although the claim limitations are summarized, the analysis regarding subject matter eligibility considers the entirety of the claim and all of the claim elements individually, as a whole, and in ordered combination.
Prong 2: This judicial exception is not integrated into a practical application. In particular, the claims recite the additional elements of
A method comprising (claim 1)
A system comprising: control circuitry configured to: (claim 19)
tracking consumption progress, associated with a user profile, of a video content from a video service, wherein the video content comprises a plurality of sequential video content items of a series;
providing to a game customization engine:
(a) data indicative of the consumption progress, associated with the user profile, of the video content, and
(b) a plurality of digital resources associated with a subset of the sequential video content items indicated as consumed by the data indicative of the consumption progress; and
based at least in part on identifying a gameplay session of a game application associated with the user profile and associated with the series, modifying, by the game customization engine, the gameplay session using at least one of the digital resources associated with the subset of the sequential video content items indicated as consumed by the consumption progress.
The additional elements emphasized above are recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of processing data) such that it amounts no more than mere instructions to apply the exception using a generic computer component. The limitations not impose any meaningful limits on practicing the abstract idea, and therefore do not integrate the abstract idea into a practical application – MPEP 2106.05(f).
Accordingly, these additional elements when considered individually or as a whole do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The independent claims are directed to an abstract idea.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A Prong two, the additional elements in the claims amount to no more than mere instructions to apply the judicial exception using a generic computer component.
Even when considered as an ordered combination, the additional elements of claims 1 and 19 do not add anything that is not already present when they are considered individually. Therefore, under Step 2B, there are no meaningful limitations in claims 1 and 19 that transform the judicial exception into a patent eligible application such that the claims amount to significantly more than the judicial exception itself (see MPEP 2106.05).
As such, independent claims 1 and 19 are ineligible.
Dependent claims 2-18 and 20 when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. §101 because the additional recited limitations fail to establish that the claims are not directed to the same abstract idea of Independent Claims1 and 19 without significantly more.
Claim 2 recites further comprising: tracking the gameplay session to identify game content relevant to the video content; providing the identified game content relevant to the video content to the video source; based at least in part on detecting consumption of an additional video content item of the plurality of sequential video content items by a device associated with the user profile: generating for display the additional video content item that has been modified based on the identified game content. The limitation merely further limits the abstract idea and the device recited in the claims is recited at a high level of generality. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 3 recites wherein the modifying the gameplay session comprises: identifying in a game timeline of the game application a gameplay element relevant to metadata of at least one of the subsets of the sequential video content items indicated as consumed by the consumption progress; and modifying the gameplay element based on the at least one of the digital resources of the plurality of digital resources. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 4 recites wherein the plurality of digital resources comprises at least one of: a game level data, a character model, a character outfit model, a digital location data, a text message, a video message, or an audio message. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 5 recites wherein the modifying the gameplay session using the at least one of the digital resources associated with the subset of the sequential video content items further comprises: retrieving data indicative of a character model from the plurality of digital resources; identifying a matching character of the game application; and replacing, in the gameplay session, data indicative of the matching character with data indicative of the character model from the plurality of digital resources. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 6 recites wherein the modifying the gameplay session using the at least one of the digital resources associated with the subset of the sequential video content items further comprises: determining a semantic analysis of text message data from the plurality of digital resources using a large language model; identifying an element from the semantic analysis of text message data. The limitation merely further limits the abstract idea and the large language model recited in the claims is recited at a high level of generality. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 7 recites wherein the modifying the gameplay session comprises: identifying a plurality of unlockable items in the game application wherein the unlockable items are features relating to a particular video content item of the plurality of sequential video content items; determining that the user profile has consumed the particular video content item; and unlocking the item for the user profile to access within the game application. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 8 recites wherein the video content comprises a plurality of paths for consuming the plurality of sequential video content items, wherein the paths are selectable by a user interface; and wherein the gameplay session is modified based on a selected path of plurality of paths for consuming the plurality of sequential video content items. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 9 recites further comprising: receiving user preferences, associated with the user profile, identifying preferred media elements associated with the video content;
wherein the providing to the game customization engine the plurality of digital resources comprises providing the identified preferred media elements; and wherein the modifying the gameplay session comprises: modifying the gameplay session using the identified preferred media elements. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 10 recites the tracking the consumption progress comprises: monitoring, using a media analysis module, a media viewing history of the user profile, wherein the media viewing history comprises media elements of at least one of plot points of the video content, characters of the video content, settings of the video content, episodes of the video content, or watch time of the video content. The limitation merely further limits the abstract idea and the media analysis module recited in the claims is recited at a high level of generality. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 11 recites further comprising: identifying a plurality of user profiles associated with a group watch consumption session of the video content from the video source; identifying a multiplayer gameplay session of the game application associated with a subset of the plurality of user profiles; and based at least in part on identifying the multiplayer gameplay session of the game application associated with the subset of the plurality of user profiles, modifying, by the game customization engine, the multiplayer gameplay session using at least one of resources associated with the subset of the sequential video content items indicated as consumed by consumption progress of the group watching consumption session. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 12 recites wherein the modifying the multiplayer gameplay session comprises :receiving, from the plurality of user profiles, a plurality of selections of the subset of the sequential video content items; and modifying the multiplayer gameplay session based on the plurality of selections. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 13 recites further comprising: tracking the multiplayer gameplay session to identify additional game content relevant to the video content; providing the video source with the identified additional game content relevant to the video content; based at least in part on detecting consumption of an additional video content item of the plurality of sequential video content items by a plurality of devices associated with the plurality of user profiles: generating for display in a group watch session the additional video content item that has been modified based on the identified additional game content. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 14 recites wherein the modifying the multiplayer gameplay session comprises: accessing conversation data from the plurality of user profiles consuming the video content from the video source; identifying, from the conversation data, a group preference for a digital resource of the plurality of digital resources associated with the subset of the sequential video content items indicated as consumed by the consumption progress; and modifying the multiplayer gameplay session using the group preference for the digital resource of the plurality of digital resources. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 15 recites wherein the modifying the multiplayer gameplay session comprises: retrieving conversation data from the plurality of user profiles consuming the video content from the video source; identifying, from the conversation data, a preference for a change in a storyline of the video content; and modifying the multiplayer gameplay session based on the preference for the change in the storyline of the video content. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 16 recites wherein the generating for display the additional video content items that have been modified further comprises: identifying a static portion of at least one frame of the additional video content item; modifying the static portion of the at least one frame of the additional video content item to include digital resources from the identified game content; and generating for display the additional video content item with the modified static portion of at least one frame. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 17 recites wherein the generating for display the additional video content item that have been modified further comprises: determining, from metadata of the additional video content item, that an object displayed in the additional video content item can be modified; identifying a portion of at least one frame of the additional video content item that includes a representation of the object; modifying the representation of the object in the at least one frame of the additional video content item to display digital resources from the identified game content; and generating for display the additional video content item with the modified portion of at least one frame including the digital resources. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 18 recites wherein the gameplay session is modified based on the at least one digital resources associated with the subset of the sequential video content items indicated as consumed by the consumption progress that were provided to the game customization engine prior to the gameplay session being launched. The limitation merely further limits the abstract idea. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
Claim 20 recites wherein the circuitry is further configured to: track the gameplay session to identify game content relevant to the video content; provide the identified game content relevant to the video content to the video source; based at least in part on detecting consumption of an additional video content item of the plurality of sequential video content items by a device associated with the user profile: generate for display the additional video content item that has been modified based on the identified game content. The limitation merely further limits the abstract idea and the device recited in the claims is recited at a high level of generality. Therefore the claim does not recite significantly more to integrate the judicial exception into a practical application.
For these reasons claims 1-20 are rejected under 35 USC 101.
Claim Rejections - 35 USC § 102
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)(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 1-5, 9-13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olsen (US 10970843).
Regarding claims 1 and 19, Olsen discloses:
A method: (claim 1)
A system comprising: control circuitry configured to: (claim 19) [Figure 1]
tracking consumption progress, [Col. 35 lines 1-10] As an example of a client experience within the virtual universe, a client may begin at a starting location within the MU world, and progress along a story line, exploring and learning as they go along according to information dynamically presented to them from within the MU database in response to their actions within the virtual universe. A client may create or modify objects within the virtual universe, and may select, manipulate, and use various objects. As another example, scripted, computer-controlled characters may progress along a storyline within the virtual universe. associated with a user profile [client profile 2480], of a video content from a video service, wherein the video content comprises a plurality of sequential video content items of a series; [Col. 49 lines 5-30] In some embodiments, digital media 2472 (e.g., a video or a game) being provided to a client 2480 may include “hooks” via which digital assets that are targeted at the particular client 2480 (or at particular groups of clients 2480) may be inserted. For example, a client 2480 or developer 2470 may select, create, or customize particular digital asset(s) for use within specified digital media such as a video, and may specify particular digital assets to be inserted at particular hooks within the digital media. During playback of the video to a client 2480's device, the streaming service 2430 may access the custom digital assets from the repository 2412 via the service 2410 and insert the digital assets in the video stream according to the specified hooks. As a non-limiting example, a custom version of a robot may be stored as a digital asset to the digital asset repository 2412 and may be associated with a particular client 2480 or clients 2480. When playing back a video or playing a game that includes a hook for the particular robot or a similar robot, the streaming service 2430 may get the custom robot digital asset from the repository 2412 via the service 2410, render video including the custom robot, and stream the rendered video to the client 2480's device.
providing to a game customization engine: (MU control module 2604)
(a) data indicative of the consumption progress, associated with the user profile [client profile 2480],, of the video content, and [Col. 35 lines 1-10] As an example of a client experience within the virtual universe, a client may begin at a starting location within the MU world, and progress along a story line, exploring and learning as they go along according to information dynamically presented to them from within the MU database in response to their actions within the virtual universe. A client may create or modify objects within the virtual universe, and may select, manipulate, and use various objects. As another example, scripted, computer-controlled characters may progress along a storyline within the virtual universe. [Col. 49 lines 40-47] The client profiles may be accessed by streaming service 2430 according to identities of the client(s) 2480 when accessing at least some digital media 2472 within the media universe, and used by streaming service 2430 to retrieve targeted digital assets from repository 2412 via service 2410 to dynamically and differently render one or more objects in one or more scenes that are targeted at particular clients 2480 or client 2480 groups according to their respective profiles.
(b) a plurality of digital resources associated with a subset of the sequential video content items indicated as consumed by the data indicative of the consumption progress; and [Col. 49 lines 40-47] retrieve targeted digital assets from repository 2412 via service 2410 to dynamically and differently render one or more objects in one or more scenes that are targeted at particular clients 2480 or client 2480 groups according to their respective profiles. And see [Col. 5 lines 25-45]
based at least in part on identifying a gameplay session of a game application associated with the user profile and associated with the series, modifying, by the game customization engine, the gameplay session using at least one of the digital resources associated with the subset of the sequential video content items [Col. 5 lines 25-45 In at least some embodiments, the media universe system may leverage network-based computation resources and services, for example a streaming service, to dynamically generate and render digital content (e.g., video or games) within the game universe for the clients. indicated as consumed by the consumption progress. [Col. 35 lines 1-10] As an example of a client experience within the virtual universe, a client may begin at a starting location within the MU world, and progress along a story line, exploring and learning as they go along according to information dynamically presented to them from within the MU database in response to their actions within the virtual universe. A client may create or modify objects within the virtual universe, and may select, manipulate, and use various objects. As another example, scripted, computer-controlled characters may progress along a storyline within the virtual universe. [Col. 49 lines 40-47] The client profiles may be accessed by streaming service 2430 according to identities of the client(s) 2480 when accessing at least some digital media 2472 within the media universe, and used by streaming service 2430 to retrieve targeted digital assets from repository 2412 via service 2410 to dynamically and differently render one or more objects in one or more scenes that are targeted at particular clients 2480 or client 2480 groups according to their respective profiles.
Regarding claims 2 and 20, Olsen discloses the limitations set forth above and further discloses:
further comprising: tracking the gameplay session to identify game content relevant to the video content; providing the identified game content relevant to the video content to the video source; the client profiles may be accessed by streaming service 2430 according to identities of the client(s) 2480 when accessing at least some digital media 2472 within the media universe, and used by streaming service 2430 to retrieve targeted digital assets from repository 2412 via service 2410 based at least in part on detecting consumption of an additional video content item of the plurality of sequential video content items by a device associated with the user profile; generating for display the additional video content item that has been modified based on the identified game content. [Col. 35 lines 1-10] As an example of a client experience within the virtual universe, a client may begin at a starting location within the MU world, and progress along a story line, exploring and learning as they go along according to information dynamically presented to them from within the MU database in response to their actions within the virtual universe. A client may create or modify objects within the virtual universe, and may select, manipulate, and use various objects. As another example, scripted, computer-controlled characters may progress along a storyline within the virtual universe. [Col. 49 lines 40-47] The client profiles may be accessed by streaming service 2430 according to identities of the client(s) 2480 when accessing at least some digital media 2472 within the media universe, and used by streaming service 2430 to retrieve targeted digital assets from repository 2412 via service 2410 to dynamically and differently render one or more objects in one or more scenes that are targeted at particular clients 2480 or client 2480 groups according to their respective profiles.
Regarding claim 3, Olsen discloses the limitations set forth above and further discloses:
wherein the modifying the gameplay session comprises:
identifying in a game timeline of the game application a gameplay element relevant to metadata of at least one of the subsets of the sequential video content items indicated as consumed by the consumption progress; and [Col. 13 lines 5-20] As another example, 2D and/or 3D models or representations of characters within the world of the media universe may be stored in the repository 116, and asset tracking 112 may store contextual, historical, relationship, capabilities, locations, timelines, and/or other information about the characters that may be used by developers 160 when using characters within the scenarios or stories under development. In some embodiments, this asset tracking information may more generally be accessed and used as an information source for the world of the media universe by any developer, writer, or other creative entity that is developing or creating works based within the world of the media universe.
modifying the gameplay element based on the at least one of the digital resources of the plurality of digital resources. [Col. 16 lines 50-67] Embodiments of methods and apparatus for providing interactive and customized experiences to customers (also referred to as clients, users, viewers, or players) of a media universe are described. Embodiments of a media universe (MU) system may leverage network-based computation resources and services, for example a streaming service, and a digital asset repository or repository service to dynamically provide customized and customizable experiences to clients of a media universe. Clients may create or modify digital assets (e.g., 3D models of characters, objects, etc.), which may be stored to the asset repository. The MU system may dynamically render digital media content of the media universe (e.g., movies, games, etc.) that includes the clients' custom digital assets (characters, objects, backgrounds, etc.) inserted into appropriate locations, and stream the dynamically customized content to respective client devices. Effectively, a client layer of content is overlaid on a base layer of content (e.g., a media universe database) within digital media of the media universe.
Regarding claim 4, Olsen discloses the limitations set forth above and further discloses:
wherein the plurality of digital resources comprises at least one of: a game level data, a character model, a character outfit model, a digital location data, a text message, a video message, or an audio message. [Col. 18 lines 15-25] customize a digital asset, for example by painting the asset, scaling the asset up or down, applying stickers or logos to the asset, adding sound effects to the digital asset, and so on. In some embodiments, the design module and interface may allow a client 180 to obtain or capture a 2D or 3D image of the client's face (or of other physical objects) and “wrap” digital assets in the image. For example, a client 180 may wrap a character's head in a 3D image of the client's face.
Regarding claim 5, Olsen discloses the limitations set forth above and further discloses:
wherein the modifying the gameplay session using the at least one of the digital resources associated with the subset of the sequential video content items further comprises: retrieving data indicative of a character model from the plurality of digital resources; identifying a matching character of the game application; and replacing, in the gameplay session, data indicative of the matching character with data indicative of the character model from the plurality of digital resources. [Col. 29 lines 9-35] In some embodiments, the interface 520 may be wrapped in a “skin” that reflects an aspect of the MU world, such as a period, location, design, or theme within the world of the media universe. For example, the skin might reflect the design of a spaceship's controls within a space-based science fiction MU world, or a racing team's racecar design/color theme within an MU world related to (fictional or real-world) racing. The MU contextual information may include one or more of, but is not limited to, the contextual name of the character, the history of the character within the fictional world, various media in which the character has appeared, actor(s) who have played or voiced the character in the various media, other media related to the currently viewed media that may be related to the character, merchandise that related to this character, other characters or objects with tie-ins to this character, and so on. The information about the character 502 may be extracted from the MU database maintained by the MU system as described above. The client 510 may interact with interface 520 to further explore the displayed, contextual information, to navigate to other information for other digital media, digital assets, objects or characters related to this character 502, to select and obtain merchandise related to this character, and so on. [Col. 49 lines 5-30] In some embodiments, digital media 2472 (e.g., a video or a game) being provided to a client 2480 may include “hooks” via which digital assets that are targeted at the particular client 2480 (or at particular groups of clients 2480) may be inserted. For example, a client 2480 or developer 2470 may select, create, or customize particular digital asset(s) for use within specified digital media such as a video, and may specify particular digital assets to be inserted at particular hooks within the digital media. During playback of the video to a client 2480's device, the streaming service 2430 may access the custom digital assets from the repository 2412 via the service 2410 and insert the digital assets in the video stream according to the specified hooks. As a non-limiting example, a custom version of a robot may be stored as a digital asset to the digital asset repository 2412 and may be associated with a particular client 2480 or clients 2480. When playing back a video or playing a game that includes a hook for the particular robot or a similar robot, the streaming service 2430 may get the custom robot digital asset from the repository 2412 via the service 2410, render video including the custom robot, and stream the rendered video to the client 2480's device.
Regarding claim 9, Olsen discloses the limitations set forth above and further discloses:
further comprising: receiving user preferences, associated with the user profile, identifying preferred media elements associated with the video content; wherein the providing to the game customization engine the plurality of digital resources comprises providing the identified preferred media elements; and wherein the modifying the gameplay session comprises: modifying the gameplay session using the identified preferred media elements. [Col. 49 lines 29-47] As another example, particular versions or models of digital assets used in digital media 2472 may be determined for and targeted to particular clients 2480 or groups of clients 2480, for example according to profiles or preferences of the clients 2480. In some embodiments, information (e.g., preferences, viewing history, shopping history, sex, age, location, and other demographic and historical information) may be collected for or from clients 2480, or may be accessed from other information sources, services, or providers. This information may be used to generate and maintain client profiles. The client profiles may be accessed by streaming service 2430 according to identities of the client(s) 2480 when accessing at least some digital media 2472 within the media universe, and used by streaming service 2430 to retrieve targeted digital assets from repository 2412 via service 2410 to dynamically and differently render one or more objects in one or more scenes that are targeted at particular clients 2480 or client 2480 groups according to their respective profiles.
Regarding claim 10, Olsen discloses the limitations set forth above and further discloses:
wherein the tracking the consumption progress comprises: monitoring, using a media analysis module the media universe system 110 may monitor, a media viewing history of the user profile, wherein the media viewing history comprises media elements of at least one of plot points of the video content, characters of the video content, settings of the video content, episodes of the video content, or watch time of the video content. [Col. 24 lines 50-60] As another example, in some embodiments, the media universe system 110 may monitor multiplayer game play for games within the media universe, and may capture and store game session content, for example digital media clips or video segments of episodes or events (e.g., epic battles) in which tens, hundreds, or even thousands of players participate. In some embodiments, game session content may be stored as digital assets in the digital asset repository 116, and information about the content (e.g., a storyline, timeline, etc.) may be stored within the asset tracking database
Regarding claim 11, Olsen discloses the limitations set forth above and further discloses:
further comprising: identifying a plurality of user profiles associated with a group watch consumption session of the video content from the video source; identifying a multiplayer gameplay session of the game application associated with a subset of the plurality of user profiles; and based at least in part on identifying the multiplayer gameplay session of the game application associated with the subset of the plurality of user profiles, modifying, by the game customization engine, the multiplayer gameplay session using at least one of resources associated with the subset of the sequential video content items indicated as consumed by consumption progress of the group watching consumption session. [Col. 9 lines 1-25] In some embodiments, the media universe system may monitor multiplayer game play, and may capture and store game session content, for example digital media clips or video segments of episodes or events (e.g., epic battles) from multiplayer online games in which tens, hundreds, or even thousands of players participate. In some embodiments, at least some of the game session content may be stored as digital assets in the digital asset repository, and information about the content (e.g., a storyline, timeline, etc.) may be stored within the asset tracking database. Some of the game session content that is stored as digital assets may then be integrated into other media within the media universe by digital media developers. For example, portions or all of an epic battle may be used in, or adapted for use in, a book, movie or series set within the world of the media universe. As another example, characters, objects, environments, buildings and so on that are created or modified by players within the game universe may be stored as digital assets to the digital asset repository, with accompanying information stored in the asset tracking database, and may be integrated into other media within the media universe. Thus, storylines and events that occur in a game set within the MU world and that involve multiple (or single, in some cases) clients may become part of the canonical history of the world of the media universe. In addition, characters, objects, environments, and so on that are generated within a game may be integrated into the canon of the media universe.
Regarding claim 12, Olsen discloses the limitations set forth above and further discloses:
wherein the modifying the multiplayer gameplay session comprises :receiving, from the plurality of user profiles, a plurality of selections of the subset of the sequential video content items; and modifying the multiplayer gameplay session based on the plurality of selections. [Col. 9 lines 1-25] In some embodiments, the media universe system may monitor multiplayer game play, and may capture and store game session content, for example digital media clips or video segments of episodes or events (e.g., epic battles) from multiplayer online games in which tens, hundreds, or even thousands of players participate. In some embodiments, at least some of the game session content may be stored as digital assets in the digital asset repository, and information about the content (e.g., a storyline, timeline, etc.) may be stored within the asset tracking database. Some of the game session content that is stored as digital assets may then be integrated into other media within the media universe by digital media developers. For example, portions or all of an epic battle may be used in, or adapted for use in, a book, movie or series set within the world of the media universe. As another example, characters, objects, environments, buildings and so on that are created or modified by players within the game universe may be stored as digital assets to the digital asset repository, with accompanying information stored in the asset tracking database, and may be integrated into other media within the media universe. Thus, storylines and events that occur in a game set within the MU world and that involve multiple (or single, in some cases) clients may become part of the canonical history of the world of the media universe. In addition, characters, objects, environments, and so on that are generated within a game may be integrated into the canon of the media universe.
Regarding claim 13, Olsen discloses the limitations set forth above and further discloses:
tracking the multiplayer gameplay session to identify additional game content relevant to the video content; providing the video source with the identified additional game content relevant to the video content; based at least in part on detecting consumption of an additional video content item of the plurality of sequential video content items by a plurality of devices associated with the plurality of user profiles: generating for display in a group watch session the additional video content item that has been modified based on the identified additional game content. [Col. 9 lines 1-25] and see [Col. 24 lines 50-67] As another example, in some embodiments, the media universe system 110 may monitor multiplayer game play for games within the media universe, and may capture and store game session content, for example digital media clips or video segments of episodes or events (e.g., epic battles) in which tens, hundreds, or even thousands of players participate. In some embodiments, game session content may be stored as digital assets in the digital asset repository 116, and information about the content (e.g., a storyline, timeline, etc.) may be stored within the asset tracking database. Some of the game session content that is stored as digital assets may then be integrated into other media within the media universe by digital media developers. For example, portions or all of an epic battle may be used in, or adapted for use in, a book, movie or series set within the world of the media universe. As another example, characters, objects, environments, buildings and so on that are created or modified within the game universe may be stored as digital assets to the digital asset repository, with accompanying information stored in the asset tracking database, and may be integrated into other media within the media universe. Thus, storylines and events that occur in a game set within the MU world and that involve multiple clients may become part of the canonical history of the world of the media universe, and part of the canon 310 of the MU database 300 as shown in FIGS. 3A through 3C. In addition, characters, objects, environments, and so on that are generated within a game may be integrated into the canon 310 of the media universe.
Regarding claim 16, Olsen discloses the limitations set forth above and further discloses:
wherein the generating for display the additional video content items that have been modified further comprises:
identifying a static portion of at least one frame of the additional video content item; modifying the static portion of the at least one frame of the additional video content item to include digital resources from the identified game content; and generating for display the additional video content item with the modified static portion of at least one frame. [Col. 83 lines 25-45] Using the automated video analysis 3700, an automated analysis of digital video 3730 may be performed. The digital video 3730 may also be referred to as a source video. As shown in FIG. 26A, the source video 3730 may be a non-interactive video that includes a plurality of non-interactive video frames. The automated analysis may implement the object detection 3710 using any suitable object detection techniques, schemes, or algorithms. In one embodiment, one or more frames in the source video 3730 may be analyzed to identify one or more objects in the frames. As shown for purposes of illustration and example, a particular frame or set of frames in the source video 3730 may include objects such as objects 3732A, 3732B, and 3732C that may be identified using the object detection 3710. Each of the identified objects 3732A-3732C may be located in a respective region of one or more frames. In one embodiment, the automated analysis 3700 may include analyzing a plurality of consecutive frames in order to isolate a moving object against a relatively static background or to isolate a relatively static object against a moving background. In one embodiment, techniques for edge detection may be used to isolate objects against backgrounds and/or other objects. In one embodiment, a mask or other region for an identified object may include a complex shape that corresponds to an outline of the underlying object. And Col. 84 lines 1-25
Regarding claim 17, Olsen discloses the limitations set forth above and further discloses:
wherein the generating for display the additional video content item that have been modified further comprises:
determining, from metadata of the additional video content item, that an object displayed in the additional video content item can be modified; identifying a portion of at least one frame of the additional video content item that includes a representation of the object; modifying the representation of the object in the at least one frame of the additional video content item to display digital resources from the identified game content; and generating for display the additional video content item with the modified portion of at least one frame including the digital resources. [Col. 83 lines 25-45] Using the automated video analysis 3700, an automated analysis of digital video 3730 may be performed. The digital video 3730 may also be referred to as a source video. As shown in FIG. 26A, the source video 3730 may be a non-interactive video that includes a plurality of non-interactive video frames. The automated analysis may implement the object detection 3710 using any suitable object detection techniques, schemes, or algorithms. In one embodiment, one or more frames in the source video 3730 may be analyzed to identify one or more objects in the frames. As shown for purposes of illustration and example, a particular frame or set of frames in the source video 3730 may include objects such as objects 3732A, 3732B, and 3732C that may be identified using the object detection 3710. Each of the identified objects 3732A-3732C may be located in a respective region of one or more frames. In one embodiment, the automated analysis 3700 may include analyzing a plurality of consecutive frames in order to isolate a moving object against a relatively static background or to isolate a relatively static object against a moving background. In one embodiment, techniques for edge detection may be used to isolate objects against backgrounds and/or other objects. In one embodiment, a mask or other region for an identified object may include a complex shape that corresponds to an outline of the underlying object. And Col. 84 lines 1-25
Regarding claim 18, Olsen discloses the limitations set forth above and further discloses:
wherein the gameplay session is modified based on the at least one digital resources associated with the subset of the sequential video content items indicated as consumed by the consumption progress that were provided to the game customization engine prior to the gameplay session being launched. [Col. 48 lines 50-60] However, in some embodiments, the digital assets may be pre-rendered or rendered elsewhere and combined with the input digital media content by the streaming service 2430 prior to streaming to the media client 2480 device(s).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Olsen in view of Singh (US 20250041733) .
Regarding claim 6, Olsen discloses the limitations set forth above.
While Olsen discloses the modification of items within a streaming of video content, the reference does not expressly disclose:
wherein the modifying the gameplay session using the at least one of the digital resources associated with the subset of the sequential video content items further comprises: determining a semantic analysis of text message data from the plurality of digital resources using a large language model; identifying an element from the semantic analysis of text message data.
However Singh teaches:
wherein the modifying the gameplay session using the at least one of the digital resources associated with the subset of the sequential video content items further comprises: determining a semantic analysis of text message data from the plurality of digital resources using a large language model; identifying an element from the semantic analysis of text message data. [0029] Machine learning techniques (e.g., similar to those used by large language models trained using large data corpora to learn patterns and make predictions with complex data) may further be applied to train a model based on user data, including game data, which may be captured during gameplay sessions of the same or different users and user devices. Such game data may include not only information regarding the game and other content titles being played, but also user profiles, chat communications (e.g., text, audio, video), captured speech or verbalizations, behavioral data, in-game actions, etc., associated with the gameplay session. In some implementations, other content titles associated with the user (e.g., music playlists, favorite books, movies, etc.) may be received from or otherwise discerned in relation to the user, social circles, or service providers, as well as used as bases for modifications to a current interactive session.
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 the video content of Olsen to include wherein the modifying the gameplay session using the at least one of the digital resources associated with the subset of the sequential video content items further comprises: determining a semantic analysis of text message data from the plurality of digital resources using a large language model; identifying an element from the semantic analysis of text message data, as taught in Singh, in order to make a more intimate and personalized gaming experience and encourage continued engagement with the game. (paragraph 006)
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Olsen in view of Lewis (US 20190208277) .
Regarding claim 7, Olsen discloses the limitations set forth above.
While Olsen discloses the modification of items within a streaming of video content, the reference does not expressly disclose:
wherein the modifying the gameplay session comprises: identifying a plurality of unlockable items in the game application wherein the unlockable items are features relating to a particular video content item of the plurality of sequential video content items; determining that the user profile has consumed the particular video content item; and unlocking the item for the user profile to access within the game application.
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 the video content of Olsen to include wherein the modifying the gameplay session comprises: identifying a plurality of unlockable items in the game application wherein the unlockable items are features relating to a particular video content item of the plurality of sequential video content items; determining that the user profile has consumed the particular video content item; and unlocking the item for the user profile to access within the game application, as taught in Lewis, in order to reduce the downloading requirement for users needing to unnecessarily rewatch or redownload content (paragraph 0015).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Olsen in view of Weising (US 20220168652) .
Regarding claim 8, Olsen discloses the limitations set forth above.
While Olsen discloses the modification of items within a streaming of video content, the reference does not expressly disclose:
wherein the video content comprises a plurality of paths for consuming the plurality of sequential video content items, wherein the paths are selectable by a user interface; and wherein the gameplay session is modified based on a selected path of plurality of paths for consuming the plurality of sequential video content items
However Weising teaches:
wherein the video content comprises a plurality of paths for consuming the plurality of sequential video content items, wherein the paths are selectable by a user interface; and wherein the gameplay session is modified based on a selected path of plurality of paths for consuming the plurality of sequential video content items. [0068] In some embodiments, the player 102 can be offered a dynamic quest 106 to engage with at any point in time as the player progresses along the golden path 104. In one embodiment, if the player 102 decides not to select or engage with the offered dynamic quest, operation 302 may be configured to add the dynamic quest to a queue such as a dynamic quest interface which can be accessed by the player at any desired time. As a result, the dynamic quest interface may include a plurality of dynamic quests 106 that the player 102 can return to and engage with even though the dynamic quest 106 is not being offered along the golden path 104 at the specific time. And see [0117] graphics subsystem
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 the video content of Olsen to include wherein the video content comprises a plurality of paths for consuming the plurality of sequential video content items, wherein the paths are selectable by a user interface; and wherein the gameplay session is modified based on a selected path of plurality of paths for consuming the plurality of sequential video content items, as taught in Weising, in order to increase engagement from with users for a video game experience (paragraphs 002-003).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Olsen in view of Osman (US20180095624) .
Regarding claim 14, Olsen discloses the limitations set forth above.
While Olsen discloses the modification of items within a streaming of video content, the reference does not expressly disclose:
wherein the modifying the multiplayer gameplay session comprises:
accessing conversation data from the plurality of user profiles consuming the video content from the video source;
identifying, from the conversation data, a group preference for a digital resource of the plurality of digital resources associated with the subset of the sequential video content items indicated as consumed by the consumption progress; and
modifying the multiplayer gameplay session using the group preference for the digital resource of the plurality of digital resources.
However Osman teaches:
wherein the modifying the multiplayer gameplay session comprises:
accessing conversation data from the plurality of user profiles consuming the video content from the video source; (access record of text conversations between first and second users 900)
identifying, from the conversation data, a group preference for a digital resource of the plurality of digital resources associated with the subset of the sequential video content items indicated as consumed by the consumption progress; and (based on analysis assign VR setting 910; [0085] The VR settings may further include which VR scenes are presented, how those VR scenes are presented, when those VR scenes are presented, etc. For example, based on a context of voice conversation identified at block 902, the logic may present a first VR scene responsive to a first context being identified at block 902 or a second VR scene responsive to a second, different context being identified at block 902. As another example, based on a context of voice conversation identified at block 902, the logic may perform a first alteration to the background of a VR scene or a second alteration to the VR scene.)
modifying the multiplayer gameplay session using the group preference for the digital resource of the plurality of digital resources. [0100] It may now be appreciated that present principles provide for using conversation histories and user profiles (that may be updated) to store a list of language preferences for a given user, and that these histories and profiles may be used to establish one or more language settings as disclosed herein. The profile may be generated by a device based on input from a user, by a device based on a record of past voice and text messaging in a specific language, by a device based on the language of software loaded onto the device, by a device based on what language a user performs searches in, and/or by a device based on what vendor/Internet service provider the user/device uses. [0101] It is to also be understood that the establishment or change of language settings to a certain language may be used not just for message input for a user, but for other non-chat things as well such as player names in a video game that users will play with each other, menu options for menus in the video game, and story elements in the video game. Thus, in order to help a user feel like they are “in the mode” of a specific language that they share with their gameplay friends, the user's video game system may recommend or default to a common language of all those in the video game party.
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 the video content of Olsen to include wherein the modifying the multiplayer gameplay session comprises: accessing conversation data from the plurality of user profiles consuming the video content from the video source; identifying, from the conversation data, a group preference for a digital resource of the plurality of digital resources associated with the subset of the sequential video content items indicated as consumed by the consumption progress; and modifying the multiplayer gameplay session using the group preference for the digital resource of the plurality of digital resources, as taught in Osman, in order to personalize the space based on user collected data (paragraph 0106).
Regarding claim 15, Olsen discloses the limitations set forth above.
While Olsen discloses the modification of items within a streaming of video content, the reference does not expressly disclose:
wherein the modifying the multiplayer gameplay session comprises:
retrieving conversation data from the plurality of user profiles consuming the video content from the video source;
identifying, from the conversation data, a preference for a change in a storyline of the video content; and modifying the multiplayer gameplay session based on the preference for the change in the storyline of the video content.
However Osman teaches:
wherein the modifying the multiplayer gameplay session comprises:
retrieving conversation data from the plurality of user profiles consuming the video content from the video source; (access record of text conversations between first and second users 900)
identifying, from the conversation data, a preference for a change in a storyline of the video content; and modifying the multiplayer gameplay session based on the preference for the change in the storyline of the video content. [0092] Even further, a widget presented to a user during messaging with a certain person may be adaptable based on past conversations with that person. For example, a suggestion widget may suggest a particular video game to play with the other person based on past messaging involving that video game. A game thread or storyline may even be changed based on past messaging involving that video game.
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 the video content of Olsen to include wherein the modifying the multiplayer gameplay session comprises: retrieving conversation data from the plurality of user profiles consuming the video content from the video source; identifying, from the conversation data, a preference for a change in a storyline of the video content; and modifying the multiplayer gameplay session based on the preference for the change in the storyline of the video content, as taught in Osman, in order to personalize the space based on user collected data (paragraph 0106).
Relevant Art Not Cited
US 20210374357 disclose parsing transcripts of communications in gaming operations to create meta tags for the games.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA E. FRUNZI whose telephone number is (571)270-1031. The examiner can normally be reached Monday- Friday 7-4 (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marissa Thein can be reached at (571) 272-6764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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VICTORIA E. FRUNZI
Primary Examiner
Art Unit TC 3689
/VICTORIA E. FRUNZI/Primary Examiner, Art Unit 3689 2/9/2026