DETAILED ACTION
In response to claims filed 20 April 2026, claims 1, 8-9, 11, 16-17, and 19 are amended per applications request. Claims 1-20 are pending.
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, see section “Double Patenting Rejections,” filed 20 April 2026, with respect to claims 1-20 have been fully considered and are persuasive. The rejection of claims 1-20 has been withdrawn.
Applicant’s arguments, see section “Claim Objections,” filed 20 April 2026, with respect to claims 8-9, 16-17, and 19 have been fully considered and are persuasive. The objection of claims 8-9, 16-17, and 19 has been withdrawn.
Applicant’s arguments, see section “35 U.S.C. § 112 Rejections,” filed 20 April 2026, with respect to claims 1-20 have been fully considered and are persuasive. The rejection of claims 1-20 has been withdrawn.
Applicant’s arguments, see section “35 U.S.C. § 102 Rejections,” filed 20 April 2026, with respect to claims 1, 11, and 19 have been fully considered, but are not persuasive.
Applicant argues that Shichman does not explicitly teach “progessivistic metadata” that comprises “a logged information of events that have not taken place during said real-life event” as defined in paragraph [0053] of the specification.
However, all such events in Shichman are inherently tied to occurrences that actually take place within the recorded video [Remarks, page 4, lines 15-16]
The claimed system encodes and processes a layer of counterfactual or hypothetical events that are synchronized to specific timeframes or segments of a real-life event, but which are not actual occurrences in the video. [Remarks, page 4, lines 20-25]
However, these arguments are not persuasive. First, applicant argues that the “progessivistic metadata” records “counterfactual or hypothetical events” that are “not actual occurrences in the video.” However, the terms “counterfactual” and “hypothetical” do not appear in the specification, so interpreting the logged information as “counterfactual” or “hypothetical” is not reasonable in light of the specification.
Paragraph [0104] of the specification provides examples of events logged into the progessivistic metadata layer, and states that these events “optimally include the same types of events, which are recorded in performance data layer 12, such as field goals (FG), free throws (FT), three-point field goals (3FGM), rebounds (REB), offensive rebounds (OREB), defensive rebounds (OREB), assists (AST), steals (STL), blocks (BLK) turnovers (TO) and personal fouls (PF), in basketball.” Shichman therefore teaches as progessivistic metadata, as claimed, by events identified during the processing of a video clip or during a radio broadcast, i.e., having “not taken place during said real-life event,” that include “foul” and “assist” event types.
Shichman further teaches in [0089] and [0092] to “extend or create metadata” that includes “social media posts and comments referring to a specific player, team, game or event.” Shichman therefore also teaches progessivistic metadata, as claimed, by creating or updating metadata based on “social media posts and comments” and/or “social chatter” that does not take place during the real-life event. Either of these aspects taught by Shichman are sufficient to teach the claims as recited.
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)(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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shichman et al. (US 2018/0132011 A1).
Regarding claim 1, Shichman teaches a system for collecting and processing progressivistic metadata comprises:
(a) at least one video-related module selected from the group consisting of:
(I) an accessible video files database, configured for storing at least one source video file, wherein said video file comprising a plurality of particular frames and/or distinct segments, of a recording of a real-life event (see Shichman [0049], “video archive”);
(II) a timecode database, configured for storing a timecode file, uniquely identifying at least one member selected from the group consisting of: particular timeframes and/or distinct time-segments in a real-life event (see Shichman [0055]-[0056], “database 220” and “time stamps that associate the metadata object with a segment of a video clip”);
(b) a server configured for generating a progressivistic metadata file, wherein events encoded into said progressivistic metadata file are respectively related to at least one member selected from the group consisting of: said particular frames and/or said distinct segments in said video file in said video files database and said particular timeframes and/or distinct time-segments in said timecode file, in said timecode database (see Shichman [0057]-[0058] and [0066], “create new events . . . identify an event that was previously unknown”);
(c) a progressivistic metadata database, configured for storing said progressivistic metadata file (see Shichman [0057], “event object . . . file or entry . . . stored”);
wherein said progressivistic metadata comprises a logged information of events that are not taken place during said real-life event (see Shichman [0063], “processing the video content” or “radio broadcast”; also [0092] and [0088] teach using “social media posts and comments . . . [to] extend or create metadata”).
Regarding claim 2, Shichman teaches further comprises a performance data module, configured for collecting and processing performance data, wherein events logged into a performance data file are related to events encoded into said progressivistic metadata file (see Shichman [0058], “information in an event object may be used for clipping a segment of a source video to a separate video file”).
Regarding claim 3, Shichman teaches further comprises at least one progressivistic metadata interface, configured for encoding events into said progressivistic metadata file (see Shichman [0074]-[0075], “user interface module . . . user and may modify or create events”).
Regarding claim 4, Shichman teaches further comprises at least one progressivistic metadata logging interface, configured for encoding events into said progressivistic metadata file, selected from the group consisting of: (a) a computer terminal comprising a human-machine interface, configured for manually logging events into said progressivistic metadata file, by a human operator; (b) an interface configured for logging relations between said events encoded into said progressivistic metadata file and said events encoded into said performance data file; (c) an interface configured for specifying an associative metric (see Shichman [0074]-[0075], “user interface module . . . user and may modify or create events”).
Regarding claim 5, Shichman teaches further comprises a controllable playback device, wherein encoding events into said progressivistic metadata file is performed by a human operator in a real-time regime or near real-time regime (see Shichman [0077], “User interface module 320 may present events . . . as they happen” and “confirm an event, remove an event”).
Regarding claim 6, Shichman teaches further comprises at least one automated progressivistic metadata logging module, comprising a machine learning device, configured for analyzing said at least one source video file and identifying progressivistic metadata events in said at least one source video file in automated manner and for encoding identified progressivistic metadata events into said progressivistic metadata file (see Shichman [0067], “image processing”; [0070], “Video processing”; [0071], “Replay Identification”; and/or [0072], “audio analysis”).
Regarding claim 7, Shichman teaches further comprises at least one automated progressivistic metadata quality assurance module, comprises:
(a) a plurality of portable computing devices comprising a human-machine interface, configured for manually logging, by a plurality of watchers of said real-life event, in a real-time regime, preliminary progressivistic draft events, thereby collecting and generating preliminary progressivistic draft data (see Shichman [0078]-[0079], “enable users on any device to provide input”);
(b) a machine learning device, configured for analyzing said preliminary progressivistic draft data and identifying selected preliminary progressivistic draft events in said preliminary progressivistic draft data that attain a predetermined quality threshold, as quality assured progressivistic events (see Shichman [0080], “rank events according to preconfigured rules, thresholds or criteria”);
(c) at least one automated progressivistic metadata logging module configured for encoding said quality assured progressivistic events into said progressivistic metadata file, in an automated manner (see Shichman [0079]-[0082] and [0057], “event object . . . stored”).
Regarding claim 8, Shichman teaches wherein at least one file selected from the group consisting of: said at least one source video file, a relative timecode file, an absolute timecode file, said progressivistic metadata file and a performance data file, are compiled into a singular file (see Shichman [0058], “information in an event object may be used for clipping a segment of a source video to a separate video file”).
Regarding claim 9, Shichman teaches wherein a timecode of said relative timecode file of said at least one source video file in said video files database is a timecode of said absolute timecode file in said timecode database or wherein said timecode of a relative timecode file of said at least one source video file in said video files database is synchronizable or linkable to said timecode of an absolute timecode file in said timecode database (see Shichman [0062], “start and end time may be an absolute value” and “start and end time may be a time offset”).
Regarding claim 10, Shichman teaches wherein said events encoded into said progressivistic metadata file comprise a predefined progressivistic parameter related to at least one member selected from the group consisting of: a particular player, particular gamer, particular performer, particular team member, particular pair of team members, particular group of team members (see Shichman [0069], “players”).
Regarding claim 11, Shichman teaches a method of collecting and processing progressivistic metadata comprises the steps of:
(a) providing access to at least one video-related constituent selected from the group consisting of:
(I) at least one source video file, wherein said video file comprising a plurality of particular frames and/or distinct segments, of a recording of a real-life event (see Shichman [0049], “video”);
(II) a timecode file, uniquely identifying at least one member selected from the group consisting of: particular timeframes and/or distinct time-segments in a real-life event (see Shichman [0055]-[0056], “database 220” and “time stamps that associate the metadata object with a segment of a video clip”);
(b) generating a progressivistic metadata file, wherein events encoded into said progressivistic metadata file are respectively related to at least one member selected from the group consisting of: said particular frames and/or said distinct segments in said video file and said particular timeframes and/or distinct time- segments in said timecode file (see Shichman [0057]-[0058] and [0066], “create new events . . . identify an event that was previously unknown”);
(c) storing said progressivistic metadata file in a progressivistic metadata database (see Shichman [0057], “event object . . . stored in database”);
wherein said progressivistic metadata comprises a logged information of events that are not taken place during said real-life event (see Shichman [0063], “processing the video content” or “radio broadcast”; also [0092] and [0088] teach using “social media posts and comments . . . [to] extend or create metadata”).
Regarding claim 12, Shichman teaches further comprises providing a performance data module, configured for collecting and processing performance data, wherein events logged into a performance data file are related to events encoded into said progressivistic metadata file (see Shichman [0058], “information in an event object may be used for clipping a segment of a source video to a separate video file”).
Regarding claim 13, Shichman teaches further comprises providing a controllable playback of said source video file and encoding events into said progressivistic metadata file is performed by a human operator in a real-time or near real time regime (see Shichman [0077], “User interface module 320 may present events . . . as they happen” and “confirm an event, remove an event”).
Regarding claim 14, Shichman teaches further comprises:
(a) manually logging from a human-machine interface of a plurality of portable computing devices of a plurality of watchers of said real-life event, in a real-time regime, preliminary progressivistic draft events, thereby generating preliminary progressivistic draft data (see Shichman [0078]-[0079], “enable users on any device to provide input”);
(b) analyzing said preliminary progressivistic draft data by a machine learning device and identifying selected preliminary progressivistic draft events in said preliminary progressivistic draft data that attain a predetermined quality threshold, as quality assured progressivistic events (see Shichman [0080], “rank events according to preconfigured rules, thresholds or criteria”);
(c) encoding said quality assured progressivistic events into said progressivistic metadata file, in an automated manner (see Shichman [0079]-[0082] and [0057], “event object . . . stored”).
Regarding claim 15, Shichman teaches further comprises analyzing said at least one source video file and identifying progressivistic metadata events in said at least one source video file in automated manner and encoding identified progressivistic metadata events into said progressivistic metadata file, by at least one automated progressivistic metadata logging module, comprising a machine learning device (see Shichman [0067], “image processing”; [0070], “Video processing”; [0071], “Replay Identification”; and/or [0072], “audio analysis”).
Regarding claim 16, Shichman teaches further comprises compiling into a singular file at least one file selected from the group consisting of: said at least one source video file, a relative timecode file, an absolute timecode file, said progressivistic metadata file and a performance data file (see Shichman [0058], “information in an event object may be used for clipping a segment of a source video to a separate video file”).
Regarding claim 17, Shichman teaches wherein a timecode of said relative timecode file of said at least one source video file in said video files database is a timecode of said absolute timecode file in said timecode database or wherein said method further comprises synchronizing or linking said timecode of a relative timecode file of said at least one source video file in said video files database with said timecode of an absolute timecode file in said timecode database (see Shichman [0062], “start and end time may be an absolute value” and “start and end time may be a time offset”).
Regarding claim 18, Shichman teaches wherein said events encoded into said progressivistic metadata file comprise a predefined progressivistic parameter related to at least one member selected from the group consisting of: a particular player, particular gamer, particular performer, particular team member, particular pair of team members, particular group of team members (see Shichman [0069], “players”).
Regarding claim 19, Shichman teaches a non-transitory computer-readable storage medium, having computer-executable instructions stored thereon which, when executed by a computer micro-processor, causing said micro-processor collecting and processing progressivistic metadata (see Shichman [0027]),
said computer-executable instructions comprise:
(a) at least one set of instructions causing said micro-processor to obtain access to at least one video-related constituent selected from the group consisting of:
(I) at least one source video file, wherein said video file comprising a plurality of particular frames and/or distinct segments, of a recording of a real-life event (see Shichman [0049], “video”);
(II) a timecode file, uniquely identifying at least one member selected from the group consisting of: particular timeframes and/or distinct time- segments in a real-life event (see Shichman [0055]-[0056], “database 220” and “time stamps that associate the metadata object with a segment of a video clip”);
(b) instructions causing said micro-processor generating a progressivistic metadata file, wherein events encoded into said progressivistic metadata file are respectively related to at least one member selected from the group consisting of: said particular frames and/or said distinct segments in said video file and said particular timeframes and/or distinct time-segments in said absolute timecode file (see Shichman [0057]-[0058] and [0066], “create new events . . . identify an event that was previously unknown”);
(c) instructions causing said micro-processor storing said progressivistic metadata file in a progressivistic metadata database (see Shichman [0057], “event object . . . stored in database”);
wherein said progressivistic metadata comprises a logged information of events that are not taken place during said real-life event (see Shichman [0063], “processing the video content” or “radio broadcast”; also [0092] and [0088] teach using “social media posts and comments . . . [to] extend or create metadata”).
Regarding claim 20, Shichman teaches further comprises said progressivistic metadata file (see Shichman [0057]).
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 Kristopher Andersen whose telephone number is (571)270-5743. The examiner can normally be reached 8:30 AM-5:00 PM ET, Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ann Lo can be reached at (571) 272-9767. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kristopher Andersen/Primary Examiner, Art Unit 2159
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