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 .
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive. Applicant argues that McBirdy does not teach update the first user interface to display information related to the updated one or more values that were updated from within the second user interface. However, examiner respectfully disagrees. Examiner believes McBirdy teach in [0109] It should also be appreciated that user/listener feedback, while it has been so far described as being submitted by interfacing with the radio display interface or the user's mobile device, can also be submitted into the system by voice, sound, and speech activation. The radio device, the user's mobile device (or any mobile device in proximity to the radio device or by itself), and/or other peripheral sensory interfaces (steering wheel embedded controls, blue tooth headsets, GPS units, etc may be used to support the feedback interface as well as the voice activated feedback solution. Moreover, this approach could be applied to rank content that is traditionally ranked by the content providers (example: American Top 40 Pop music list). By allowing the content feedback system to control the ranking, new and upcoming artists that might not have traditional methods of obtaining status due to traditional ranking metrics might find themselves on a ‘Top 40’ list, granting the artists accelerated recognition for their content. The radio content providers backend system would be able to process the feedback accordingly and then display updated rankings on a pre-determined time basis that corresponds to their programming schedule.
[0110] Still yet another embodiment involves the ability for a mobile device to share content from the mobile device directly to the radio device. This would allow for user generated content to be potentially distributed to the radio content providers (radio stations). This might be in the form of a video taken from a mobile phone, voice note/recording, picture, media content such as a MP3 file, music, streaming video, etc. The content provider would then be able to (at their discretion) redistribute content from the user base to the entire user population. This content may be available for viewing or download by other users either on the radio device or on another user's wirelessly synced mobile device. It should be appreciated that although the use of wireless data transmission and barcode scanning has been described, other methods of data transmission can be used to achieve the same desired result (physical data connection between radio device and mobile device, USB (means mobile device is plugged into radio device), Zigbee, BlueTooth and all variations of BlueTooth, Wi-Fi, RFID, Infrared/Microwave, etc). Therefore examiner believes that McBirdy teaches this limitation as is shown here. Examiner believes that McBirdy teaches the claim limitations as currently presented.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 8 -12 and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being unpatentable by US 20210350923 A1 to McKirdy.
As to claim 1, McKirdy teaches a system for creating a bidirectional user interface associated with an audiovisual broadcast (¶0044, display may be able to receive data (advertisement data, image data or movie data) from a local computer or one that is connected to the internet or some cloud based data server. The data content can be sent wirelessly for display on the display unit as part of the menu control system display, graphics user interface of the display, or ‘picture in picture’ capability. This allows for content to be viewed by the user of the equipment without having to place the content on, or as part of, traditional viewing channel programming. This ability allows for a greatly increase capability of messaging and advertising since other systems can only display ad content on a couple dedicated channels, which greatly limits the ability to target the ad placement and viewing of the content by the user since the user can change the channel to watch programming that cannot display targeted advertising or messaging) , comprising: one or more servers transmitting the audiovisual broadcast to a display device; one or more processors among the one or more servers and the display device (Fig. 1A, servers and displays); and non-transitory memory storing instructions that, when executed by the one or more processors, cause the one or more processors to: transmit, along with the audiovisual broadcast, instructions to generate a first user interface that is overlaid over the audiovisual broadcast by a device displaying the audiovisual broadcast (Fig. 1B, ¶0023, ¶0044, The data content can be sent wirelessly for display on the display unit as part of the menu control system display , graphics user interface of the display, or ‘pictureinpicture’ capability,"); receive a first command from a viewer of the audiovisual broadcast, causing an update to one or more values associated with the first user interface (¶0040, the mobile device might have at least one software application that would be configured to detect, then interpret the optical feedback of the user, then process the feedback and convert the data to command signals, ¶0045, ability to report the successful delivery and display of content at the exercise machine or associated displays); create, within the generated user interface overlay, an identifier to be used to access a second user interface on a second device (¶0038, ¶0039); capture the identifier with the second device (¶0051, ¶0039, ¶0048) ; generate the second user interface on the second device (¶0048, person while on a machine can give the person the ability to interact with the content using their mobile device by either scanning the content that might have advertisements with QR codes that would link their mobile device to websites (or through mobile device software application interface) to allow further interaction with content); receive a second command from the viewer as the viewer uses the second device (¶0040); update the one or more values again; and update the first user interface to display information related to the updated one or more values that were updated from within the second user interface (¶0045, This local computer software program might also have the ability to be connected to third party servers via an internet connection that would allow for content to be dynamically updated, allowing for remote management of content on the system as well as having the ability to report the successful delivery and display of content at the exercise machine or associated displays in a fitness club environment).
As to claim 2, McKirdy teaches the system of Claim 1, wherein the second device is a mobile computing device and the identifier is captured via a camera of the mobile computing device (¶0047, enhanced interactivity of the invention also provides reporting capabilities as an output based on how a person interacts with the displayed content using their mobile device (either by scanning a QR code or by using augmented reality software on their mobile device).
As to claim 3, McKirdy teaches the system of Claim 1, wherein the identifier is encoded as a Quick Response (QR) code (Fig. 7A. ¶0047, QR codes, barcode).
As to claim 4, McKirdy teaches the system of Claim 3, wherein the Quick Response (QR) code is)dynamic and changes after its initial creation in response to commands after the first command from the viewer of the audiovisual broadcast (¶0072, the ability to generate and display a barcode either internally on a screen display or externally on an after-market screen display), the barcode data string is constantly being regenerated as the workout data is being updated. Thus, a user may begin with ‘0’ calories burned at the beginning of their workout and burn 10 calories/min during their work-out which may last 20 minutes. In this case, the barcode data string may be re-generated every time the calorie burns values are update and available or the barcode data string may be re-generated and then the barcode is displayed at the end of the work-out or the barcode may be updated during the work-out at predetermined (and changeable) periods).
As to claim 8, McKirdy teaches the system of Claim 1, wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: display a video announcement or advertisement incidental to the audiovisual broadcast and intended to be seen by the viewer operating the second device; determine, via the capture of the identifier with the second device, that the viewer operating the second device is now viewing information associated with the video announcement or advertisement using the second device; and in response to the determination, cease display of the video announcement or advertisement and return to displaying the audiovisual broadcast (¶0023, ¶0044, ¶0045).
As to claim 9, see the rejection of claim 1.
As to claim 10, see the rejection of claim 2
As to claim 11, see the rejection of claim 3.
As to claim 12, see the rejection of claim 4.
As to claim 16, see the rejection of claim 8.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKirdy as applied to claim 1 and 9 above, and further in view of US 20180287808 A1 to Liston et al. (“Liston”).
As to claim 5, McKirdy teaches the system of claim 1, wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: McKirdy does not fully teach determine that an expected command has not been received within the second user interface; and update the first user interface to display a prompt to resume interaction with the second user interface or a new user interface on a new device distinct from the second device. Liston teaches determine that an expected command has not been received within the second user interface; and update the first user interface to display a prompt to resume interaction with the second user interface or a new user interface on a new device distinct from the second device (¶0066-¶0067, performing the power management process, display a notification that requests a user input. In some embodiments, the media guidance application may, when performing the power management process, generate an audio notification that requests a user response (e.g., Ask the question “Are you there?” via a smart speaker). In view of the teachings of Liston, it would have been obvious before the effective filing date of the invention to modify the teachings of McKirdy. The suggestion/motivation would be minimize disruptions to a user's media consumption experience when optimizing power consumption of media devices.
As to claim 13, see the rejection of claim 5.
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKirdy as applied to claim 1 and 9 above, and further in view of US 20140282735 A1 to Davis et al. (“Davis”).
As to claim 6, McKirdy teaches the system of Claim 1, wherein the instructions, when executed by the one or more processors, further cause the one or more processors to: McKirdy does not teach determine, via the capture of the identifier with the second device, that the viewer operating the second device is watching the audiovisual broadcast; and in response to the determination, cause a change in future output of the audiovisual broadcast. Davis teaches determine, via the capture of the identifier with the second device, that the viewer operating the second device is watching the audiovisual broadcast; and in response to the determination, cause a change in future output of the audiovisual broadcast (¶0191, the adaptation can occur in nearly real-time, such as by advertising being inserted dynamically based on current context--just as Google's AdWords tailor ads to accompany web search results. In other arrangements, the audience profile information is provided to the program's writers, and is used to adapt the plot and/or other program features in accordance with the users' profile information). In view of the teachings of Davis, it would have been obvious before the effective filing date of the invention to modify the teachings of McKirdy. The suggestion/motivation would be to help complement the user's experience.
As to claim 14, see the rejection of claim 6.
Claim(s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over McKirdy as applied to claim 1 and 9 above, and further in view of US 20020194604 A1 to Sanchez et al. (“Sanchez”).
As to claim 7, McKirdy teaches the system of Claim 1, wherein the instructions, when executed by the one or more processors, further cause the one or more processors to:McKirdy does not teach use the generated user interface overlay as a shopping cart; track insertion of items into the shopping cart upon receiving user selections of items in the generated user interface overlay; and complete a transaction for the shopping cart within the generated user interface overlay. Sanchez teaches use the generated user interface overlay as a shopping cart; track insertion of items into the shopping cart upon receiving user selections of items in the generated user interface overlay; and complete a transaction for the shopping cart within the generated user interface overlay (¶0057, ¶0062, Fig. 6c). In view of the teachings of Sanchez, it would have been obvious before the effective filing date of the invention to modify the teachings of McKirdy. The suggestion/motivation would be to allow for rendering interactive content over broadcast content.
As to claim 15, see the rejection of claim 7.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A KURIEN whose telephone number is (571)270-5694. The examiner can normally be reached M-F; 7:30-4:30.
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/CHRISTINE A KURIEN/Examiner, Art Unit 2421 /NATHAN J FLYNN/Supervisory Patent Examiner, Art Unit 2421
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