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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12041276. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 is generic to a species or sub-genus claimed in patent claim 1, i.e., the entire scope of the patent claim 1 falls within the scope of the claim 1 of the application.
Claim 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 12041276. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 11 is generic to a species or sub-genus claimed in patent claim 11, i.e., the entire scope of the patent claim 11 falls within the scope of the claim 11 of the application.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4 and 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over a combination of Verfaillie et al. (US 2017/0003740), Al-Shaykh et al. (US 2010/0332565), and Lawson et al. (US 9814987).
Regarding claim 1, Verfaillie teaches an electronic device, comprising:
a memory ([0394]-[0395], Fig. 1A-1B, 33); and
at least one processor coupled to the memory ([0081], [0394]-[0395], Fig. 1A-1B, 33), wherein the at least one processor is configured to:
execute a backend service ([0108], “the game spectating system may receive and process spectator interactions with the broadcast content from the spectator user interfaces.” Fig. 2A);
receive an interaction request, via the extension backend service, from an application executed on a streaming device ([0066], [0080], “A spectator device 160 may include… spectating client software and/or hardware via which respective spectators may interact with the spectating system 100….” [0108], “the game spectating system may receive and process spectator interactions with the broadcast content from the spectator user interfaces.” Fig. 2A),
wherein the application is configured to:
provide additional functionality to the streaming device, including providing additional viewer communications options, functions to interact with content streamed by another streaming device, and functions to enable projection of additional content ([0079], “A spectator device 160 may include, but is not limited to, input and output components (including but not limited to input devices and technologies such as controllers or joysticks, motion tracking systems, gesture-based input systems, etc.) and spectating client software and/or hardware via which respective spectators may interact with the spectating system 100 to select, receive, and view broadcasts 142 from the broadcasters or playbacks of previously recorded broadcasts, and via which the spectators may provide spectator inputs 165 including but not limited to audio or textual chat or ‘crowd noise’ for broadcasts 142 and spectator interactions 164 with broadcast content 126 including but not limited to content generated at least in part from game metadata 124 received from game system(s) 120 by the spectating system 100.”),
wherein the projected additional content includes a viewer inventory interface having one or more inventory components, wherein the one or more inventory components projected in the viewer inventory interface are specific to individual viewers ([0228], [0229], “At least some of the broadcast content displayed in game merchandising interface 1240 may be interactive UI elements that, for example, allow the viewer to get additional information about the game or game content based at least in part on the game metadata obtained from the game system, and to order, purchase, or otherwise obtain the game or game content. For example, in some embodiments, the viewer may interact with the UI elements displayed in game merchandising interface 1240 to obtain information about and/or statistics for game-related content or merchandise, to order, purchase, or otherwise obtain virtual items for use within the game (a DP9000 disruptor pistol or Harpoon XL ship, in this example), to order or purchase a physical model of a virtual item from a merchant or manufacturer (a model of a DP9000 disruptor pistol or Harpoon XL ship, in this example), and/or to order, purchase, or otherwise obtain game-related merchandise such as t-shirts or hats.” [0310], “As another example, the broadcast content may include UI elements, as shown in the ‘give player gifts’ 1846 pane, that allow participants to provide gifts to selected participants (e.g., players or broadcasters).” Figs. 12, 14, 18);
determine, via the extension backend service, at least one action based on the interaction request ([0108], “As indicated at 208 of FIG. 2A, the game spectating system may receive and process spectator interactions with the broadcast content from the spectator user interfaces. … In some embodiments, the spectating system may process the spectator interactions with the broadcast content to affect broadcast presentation in the spectating system and/or game play in the game system in various ways. In some embodiments, the spectating system may provide feedback to the game system(s) based at least in part on the spectator interactions with the broadcast content. In some embodiments, the game feedback may be provided to the games according to a game system API of the spectating system. The game system(s) may apply the game feedback to affect game execution and game play in the game system in various ways. In some embodiments, the spectating system may also provide feedback to the broadcast device(s) based at least in part on the spectator interactions with the broadcast content.”),
wherein the interaction request includes a selection of at least one of the one or more inventory components, and wherein the interaction request includes a consume message ([0228], [0229], “At least some of the broadcast content displayed in game merchandising interface 1240 may be interactive UI elements that, for example, allow the viewer to get additional information about the game or game content based at least in part on the game metadata obtained from the game system, and to order, purchase, or otherwise obtain the game or game content. For example, in some embodiments, the viewer may interact with the UI elements displayed in game merchandising interface 1240 to obtain information about and/or statistics for game-related content or merchandise, to order, purchase, or otherwise obtain virtual items for use within the game (a DP9000 disruptor pistol or Harpoon XL ship, in this example), to order or purchase a physical model of a virtual item from a merchant or manufacturer (a model of a DP9000 disruptor pistol or Harpoon XL ship, in this example), and/or to order, purchase, or otherwise obtain game-related merchandise such as t-shirts or hats.” [0310], “As another example, the broadcast content may include UI elements, as shown in the ‘give player gifts’ 1846 pane, that allow participants to provide gifts to selected participants (e.g., players or broadcasters).” Figs. 12, 14, 18),
wherein the consume message includes
a plurality of parameters including the selection of the at least one of the one or more inventory components ([0228], [0229], “At least some of the broadcast content displayed in game merchandising interface 1240 may be interactive UI elements that, for example, allow the viewer to get additional information about the game or game content based at least in part on the game metadata obtained from the game system, and to order, purchase, or otherwise obtain the game or game content. For example, in some embodiments, the viewer may interact with the UI elements displayed in game merchandising interface 1240 to obtain information about and/or statistics for game-related content or merchandise, to order, purchase, or otherwise obtain virtual items for use within the game (a DP9000 disruptor pistol or Harpoon XL ship, in this example), to order or purchase a physical model of a virtual item from a merchant or manufacturer (a model of a DP9000 disruptor pistol or Harpoon XL ship, in this example), and/or to order, purchase, or otherwise obtain game-related merchandise such as t-shirts or hats.” [0310], “As another example, the broadcast content may include UI elements, as shown in the ‘give player gifts’ 1846 pane, that allow participants to provide gifts to selected participants (e.g., players or broadcasters).” Figs. 12, 14, 18); and
provide, via the extension backend service, an action notification, based on the at least one action, to a content source, wherein the action notification notifies the content source to update a state of at least one content of the content source ([0108], “As indicated at 208 of FIG. 2A, the game spectating system may receive and process spectator interactions with the broadcast content from the spectator user interfaces. … In some embodiments, the spectating system may process the spectator interactions with the broadcast content to affect broadcast presentation in the spectating system and/or game play in the game system in various ways. In some embodiments, the spectating system may provide feedback to the game system(s) based at least in part on the spectator interactions with the broadcast content. In some embodiments, the game feedback may be provided to the games according to a game system API of the spectating system. The game system(s) may apply the game feedback to affect game execution and game play in the game system in various ways. In some embodiments, the spectating system may also provide feedback to the broadcast device(s) based at least in part on the spectator interactions with the broadcast content.”).
Verfaillie does not expressly teach that the backend service is an extension backend service. Verfaillie also does not expressly teach that the application is an extension application, wherein the extension application is configured to provide additional functionality to a streaming application executed on the streaming device and functions to enable projection of additional content onto the streaming application. Verfaillie also does not expressly teach wherein the interaction request includes a consume message from the extension application. Verfaillie also does not expressly teach wherein the consume message includes at least one of a viewer authentication token and a viewer account identifier.
Al-Shaykh teaches receiving an interaction request from an extension application executed on a device, wherein the extension application is configured to provide additional functionality to an application executed on the device, including providing functions to enable projection of additional content onto the application, and wherein the extension may interact with a network ([0079], “the user 40 may use the user interface of the application 15 to search for the internet multimedia content, to retrieve and display webpages, to navigate within the webpages, to select links within the webpages, to retrieve and/or play the internet multimedia content which may be accessible from the webpages, and/or other common web browser tasks and functionalities which are known to one having ordinary skill in the art.” [0080], “The application 15 may display playback controls to allow the user 40 to control rendering of the internet multimedia content.” [0131], “the application 15 may be a ‘plug-in’ to an existing web browser. As known to one having ordinary skill in the art, a ‘plug-in’ may be a secondary application that interacts with a host application to provide additional functions to the host application. … The application 15 may connect to an existing web browser which may support a standard plug-in architecture as known to one having ordinary skill in the art.”).
In view of Al-Shaykh’s teaching, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Verfaillie wherein backend service is an extension backend service, wherein the application is an extension application, wherein the extension application is configured to provide additional functionality to a streaming application executed on the streaming device and functions to enable projection of additional content onto the streaming application, and wherein the consume message is from the extension application. The modification would produce an improved system enabled to provide applications on client streaming devices with additional functions. The modification would additionally allow for increased software interoperability (see Al-Shaykh: [0131]).
The combination also does not expressly teach wherein the consume message includes at least one of a viewer authentication token and a viewer account identifier.
Lawson provides a teaching wherein a message includes a viewer account identifier (Col. 20, lies 23-33, “In some cases, a name or other identifier associated with one or more spectators that request feedback may be associated with the feedback and displayed or otherwise indicated when the feedback is applied to a content item. For example, in some cases, names of voters and/or betters may be displayed adjacent to a particular vote count or bet count. As another example, a particular color lightning bolt could indicate that a storm is requested by a particular spectator. In some examples, even when indication of spectator identities is available, some spectators may still request that their identities remain anonymous in some or all cases.”).
In view of Lawson’s teaching, 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 combination wherein the consume message includes a viewer account identifier. The modification would serve to aid broadcasters and/or streamers in identifying interactions made by specific viewers. The modification would thereby facilitate interactivity between broadcasters and/or streamers and viewers.
The grounds of rejection of claim 1 under 35 USC §103 are similarly applied to claim 11.
Regarding claims 2 and 12, the combination further teaches wherein the one or more applications include the extension application and the streaming application (Verfaillie: [0053], [0079], “A client device may include, but is not limited to, input and output components and client software. The client software on a particular client device may be tailored to support the configuration and capabilities of the particular device type and the OS platform of the device.” Al-Shaykh: [0079], [0131]).
Regarding claims 3 and 13, the combination further teaches wherein the at least one processor is further configured to stream the updated state of the at least one content to one or more streaming client applications (Verfaillie: [0053], [0108], “As indicated at 208 of FIG. 2A, the game spectating system may receive and process spectator interactions with the broadcast content from the spectator user interfaces. … In some embodiments, the spectating system may process the spectator interactions with the broadcast content to affect broadcast presentation in the spectating system and/or game play in the game system in various ways. In some embodiments, the spectating system may provide feedback to the game system(s) based at least in part on the spectator interactions with the broadcast content. In some embodiments, the game feedback may be provided to the games according to a game system API of the spectating system. The game system(s) may apply the game feedback to affect game execution and game play in the game system in various ways. In some embodiments, the spectating system may also provide feedback to the broadcast device(s) based at least in part on the spectator interactions with the broadcast content.”).
Regarding claims 4 and 14, the combination further teaches wherein the updated state of the at least one content includes a visually-identifiable action involving at least one streamer and at least one stream viewer (Verfaillie: [0108], “As indicated at 208 of FIG. 2A, the game spectating system may receive and process spectator interactions with the broadcast content from the spectator user interfaces. … In some embodiments, the spectating system may process the spectator interactions with the broadcast content to affect broadcast presentation in the spectating system and/or game play in the game system in various ways. In some embodiments, the spectating system may provide feedback to the game system(s) based at least in part on the spectator interactions with the broadcast content. In some embodiments, the game feedback may be provided to the games according to a game system API of the spectating system. The game system(s) may apply the game feedback to affect game execution and game play in the game system in various ways. In some embodiments, the spectating system may also provide feedback to the broadcast device(s) based at least in part on the spectator interactions with the broadcast content.”).
Claim(s) 5-10 and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over a combination of Verfaillie, Al-Shaykh, Lawson, and Chang et al. (US 2016/0286244).
Regarding claims 5 and 15, the combination teaches the limitations specified above; however, the combination does not expressly teach wherein the extension application is further configured to monitor user activity related to streamer-viewer interactions in the streaming application.
Chang teaches monitoring user activity in a streaming application ([0074], “The stream correlator 204 may use one or more signals or a combination of signals to assist in identifying the broadcast streams and correlating the broadcast streams with a single event and/or with other broadcast streams, as further explained below.” [0075], “When the broadcasters and/or viewers opt-in or permit the service to collect such information, the stream correlator 204 may obtain location data (e.g., GPS coordinates) and time information (e.g., time stamps of the broadcast streams), and use the location data and the time information to correlate one or more video streams to an event. … In some examples, the stream correlator 204 may obtain any user-inputted data for a broadcasted video stream (provided by the broadcaster or viewers), and use this information to correlate the video streams to an event. … In other examples, the user may be able to tag the video stream to a particular event (e.g., the user would enter Staples Center, Lakers v. Bucks) when starting to broadcast, and that tag would be used to correlate with other video streams from other broadcasts at the Lakers game at the Staples Center. In some examples, the stream correlator 204 may derive information from the video feed and the audio feed of the video broadcast stream by analyzing the video and audio components, and use this information to identify the video stream and determine whether it relates to an event, as further explained below.” [0076], [0083]).
In view of Chang’s teaching, 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 combination wherein the extension application is further configured to monitor user activity related to streamer-viewer interactions in the streaming application. The modification would serve to assist viewers in identifying content streams of interest.
Regarding claims 6 and 16, the combination further teaches wherein the user activity includes one or more of:
content streamer activity;
an amount of streaming time of a content streamer;
a type of content streamed by the content streamer;
stream viewer activity (Verfaillie: [0074], [0273], “In some embodiments, the spectating system 100 may collect or determine spectating statistics based on spectator participation in broadcasts. For example, the spectating system 100 may track the size of a particular broadcaster's audience, or the combined size of the audiences for all broadcasters of a particular game.” [0317]); and
a number of stream viewers associated with the content streamer (Verfaillie: [0074], [0273], “In some embodiments, the spectating system 100 may collect or determine spectating statistics based on spectator participation in broadcasts. For example, the spectating system 100 may track the size of a particular broadcaster's audience, or the combined size of the audiences for all broadcasters of a particular game.” [0317]).
Regarding claims 7 and 17, the combination further teaches wherein the at least one processor is further configured to:
receive, from the extension application, a participation notification based on the user activity; and update a user account based on the participation notification (Verfaillie: [0181], “As another example of detecting and applying broadcast-related analysis information 427 within a game spectating system, the audio and/or text chat inputs 465 for a broadcast or broadcasts may be analyzed to detect affiliations or preferences of spectators. … As another example, spectators may be detected to be fans of a particular player or team based at least in part on particular keywords, phrases, or chants recognized in their audio and/or text chat inputs 465 to the broadcast(s). In some embodiments, a spectator's detected affiliations or preferences may be added to their profile information. In some embodiments, the spectator's profile information may be modified over time based upon additional analysis of their audio or other inputs.”).
Regarding claims 8 and 18, the combination further teaches wherein the at least one processor is further configured to determine, based on the user account, whether performance of the at least one action is enabled (Lawson: Col. 20, lines 34-59, “In some cases, spectator feedback may be made universally available to all spectators. By contrast, in some cases, all, or certain types, of spectator feedback may only be made available to certain spectators, such as spectators that pay a fee, have a membership, or are considered expert players.”).
Regarding claims 9 and 19, the combination further teaches
wherein determining whether the performance of the at least one action is enabled is based on at least one consumable resource included in the user account, and wherein the at least one consumable resource is associated with the at least one action (Lawson: Col. 20, lines 34-59, “In some cases, spectator feedback may be made universally available to all spectators. By contrast, in some cases, all, or certain types, of spectator feedback may only be made available to certain spectators, such as spectators that pay a fee, have a membership, or are considered expert players. As another example, in some cases, different fees or costs may be associated with rights to provide different types of feedback. … For example, in some cases, only active spectators may be permitted to request a poll, or pose a question for spectator vote or set up spectator wagering within the context of the content item, while, in other cases, any spectator may be permitted to do so.”), and
wherein the consumable resource includes the one or more inventory components (Verfaillie: [0228], [0229], “For example, in some embodiments, the viewer may interact with the UI elements displayed in game merchandising interface 1240 to obtain information about and/or statistics for game-related content or merchandise, to order, purchase, or otherwise obtain virtual items for use within the game (a DP9000 disruptor pistol or Harpoon XL ship, in this example), to order or purchase a physical model of a virtual item from a merchant or manufacturer (a model of a DP9000 disruptor pistol or Harpoon XL ship, in this example), and/or to order, purchase, or otherwise obtain game-related merchandise such as t-shirts or hats.” [0310], “As another example, the broadcast content may include UI elements, as shown in the ‘give player gifts’ 1846 pane, that allow participants to provide gifts to selected participants (e.g., players or broadcasters).” Figs. 12, 14, 18.
Regarding claims 10 and 20, the combination further teaches wherein the at least one processor is further configured to:
transmit, via the extension backend service, a state update notification to the streaming device, wherein the state update notification updates one or more applications of the streaming device based on the updated state of the at least one content (Verfaillie: [0108], “As indicated at 208 of FIG. 2A, the game spectating system may receive and process spectator interactions with the broadcast content from the spectator user interfaces. … In some embodiments, the spectating system may process the spectator interactions with the broadcast content to affect broadcast presentation in the spectating system and/or game play in the game system in various ways. In some embodiments, the spectating system may provide feedback to the game system(s) based at least in part on the spectator interactions with the broadcast content. In some embodiments, the game feedback may be provided to the games according to a game system API of the spectating system. The game system(s) may apply the game feedback to affect game execution and game play in the game system in various ways. In some embodiments, the spectating system may also provide feedback to the broadcast device(s) based at least in part on the spectator interactions with the broadcast content.”); and
reflect a consumption of the consumable resource based on the state update notification ([0075], “In some embodiments, the spectating system may provide the spectator interactions as feedback to the game systems according to a game system API presented to the game systems by the spectating system. … In some embodiments, spectators may provide game content to or ‘gift’ particular players or teams of players within a game via the game spectating interface, for example with objects, boosts, weapons, medicine, health points, strength levels, etc.” [0228], [0229], “For example, in some embodiments, the viewer may interact with the UI elements displayed in game merchandising interface 1240 to obtain information about and/or statistics for game-related content or merchandise, to order, purchase, or otherwise obtain virtual items for use within the game (a DP9000 disruptor pistol or Harpoon XL ship, in this example), to order or purchase a physical model of a virtual item from a merchant or manufacturer (a model of a DP9000 disruptor pistol or Harpoon XL ship, in this example), and/or to order, purchase, or otherwise obtain game-related merchandise such as t-shirts or hats.” [0310], “As another example, the broadcast content may include UI elements, as shown in the ‘give player gifts’ 1846 pane, that allow participants to provide gifts to selected participants (e.g., players or broadcasters).” Figs. 12, 14, 18).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL R TELAN whose telephone number is (571)270-5940. The examiner can normally be reached 9:30AM-6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached at (571) 272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL R TELAN/ Primary Examiner, Art Unit 2426