DETAILED ACTION
In response to claims filed 15 July 2024, this is the first Office action on the merits. 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 .
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,113,332 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the following table.
Instant Application
US 11,113,332 B2
1. 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;
(II) a timecode database, configured for storing a timecode file, uniquely identifying at least one member selected from the group consisting of: particular timeframes in said real-life event and distinct time-segments in said real-life event;
(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;
(c) a progressivistic metadata database, configured for storing said progressivistic metadata file.
1. A system for collecting and processing progressivistic metadata in sports comprises:
a) a video file source, wherein said video file comprising a video file layer including a recording of a sport event;
b) a video file database, configured for storing said video file therein, wherein said video file further comprising a timecode layer, configured for uniquely identifying
particular frames or distinct segments in said video file layer;
said system is characterized by:
c) a sub-system for collecting and processing progressivistic metadata comprising:
(I) a server configured for generating a progressivistic metadata layer, wherein events encoded into said progressivistic metadata layer are respectively related to particular instances in said timecode layer;
(II) a database configurable for storing composite files, wherein said composite files further comprising said progressivistic metadata layer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,429,666 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the following table.
Instant Application
US 11,429,666 B2
1. 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;
(II) a timecode database, configured for storing a timecode file, uniquely identifying at least one member selected from the group consisting of: particular timeframes in said real-life event and distinct time-segments in said real-life event;
(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;
(c) a progressivistic metadata database, configured for storing said progressivistic metadata file.
1. A system for collecting and processing progressivistic metadata comprises:
a) a video file database, configured for storing a source video file, wherein said video file comprising a recording of a real-life event;
b) a timecode file database, configured for storing a timecode file, uniquely identifying at least one member selected from the group consisting of: particular frames in said video file and distinct segments in said video file;
said system is characterized by:
c) a sub-system for collecting and processing progressivistic metadata comprising:
(I) a server configured for generating a progressivistic metadata file, wherein events encoded into said progressivistic metadata file are respectively related to particular instances in said timecode file;
(II) a database configurable for storing said progressivistic metadata file.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,038,971 B2. Although the claims at issue are not identical, they are not patentably distinct from each other as shown in the following table.
Instant Application
US 12,038,971 B2
1. 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;
(II) a timecode database, configured for storing a timecode file, uniquely identifying at least one member selected from the group consisting of: particular timeframes in said real-life event and distinct time-segments in said real-life event;
(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;
(c) a progressivistic metadata database, configured for storing said progressivistic metadata file.
1. A system for collecting and processing progressivistic metadata comprises:
a) a timecode database, configured for storing an absolute timecode file, uniquely identifying at least one member selected from the group consisting of: particular timeframes in a real-life event and distinct time-segments in said real-life event;
b) an accessible video files database, configured for storing at least one source video file, wherein said video file comprising a recording of said real-life event,
wherein said video file further comprises a relative timecode file;
wherein said particular time-frames and/or distinct time-segments in said real-life event in said absolute timecode file in said timecode database are respectively
related to particular frames and/or distinct
segments in said relative timecode file of said at least one source video file in said video files database;
c) a server configured for generating a progressivistic metadata file, wherein events encoded into said progressivistic metadata file are respectively related to said particular time-frames and/or distinct time-segments in
said absolute timecode file, in said absolute timecode file database;
d) a progressivistic metadata database, configured for storing said progressivistic metadata file.
Claim Objections
Claims 8-9, 16-17, and 19 are objected to because of the following informalities:
claim 8: “said relative timecode file” and “said absolute timecode file” lack antecedent basis and should be --a relative timecode file-- and --an absolute timecode file--, respectively (lines 2-3).
claim 9: “said relative timecode file” and “said absolute timecode file” lack antecedent basis and should be --a relative timecode file-- and --an absolute timecode file--, respectively (lines 2-3).
claim 16: “said relative timecode file” and “said absolute timecode file” lack antecedent basis and should be --a relative timecode file-- and --an absolute timecode file--, respectively (line 3).
claim 17: “said relative timecode file” and “said absolute timecode file” lack antecedent basis and should be --a relative timecode file-- and --an absolute timecode file--, respectively (lines 2-3).
claim 19: “said video file in said video files database” lacks antecedent basis and should be --said video file-- (lines 15-16)
claim 19: “said absolute timecode file” and “said absolute timecode file database” have antecedent basis to --said timecode file-- (lines 16-17)
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, 11, and 19 recite “at least one video-related module [constituent]” selected from the group consisting of an “accessible video files data” (“at least one source video file”) and a “timecode database” (“timecode file”). Only one of the these elements is required by the claim. However, the antecedent basis established by the claim requires both elements. For example, the timecode database uniquely identifies “timeframes in said real-life event” or “distinct time-segments in said real life event,” referencing the “recording of a real-life event” in the video files database. It is therefore unclear whether the claim requires only “one” of the video-related modules/constituents or both. This ambiguity renders the claims indefinite. Claims 2-10, 12-18, and 20 are rejected because they inherit this deficiency. For the purpose of applying prior art, claims 1, 11, and 19 are interpreted as requiring both modules/constituents; i.e., limitation “(a)” is interpreted as requiring both modules/constituents (I) and (II).
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 in said real-life event and distinct time-segments in said 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”)
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, said relative timecode file, said 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 said relative timecode file of said at least one source video file in said video files database is synchronizable or linkable to said timecode of said 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 in said real-life event and distinct time-segments in said 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”).
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, said relative timecode file, said 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 said relative timecode file of said at least one source video file in said video files database with said timecode of said 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 in said real-life event and distinct time- segments in said 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 in said video files database and said particular timeframes and/or distinct time-segments in said absolute timecode file, in said absolute timecode file database (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”).
Regarding claim 20, Shichman teaches further comprises said progressivistic metadata file (see Shichman [0057]).
Conclusion
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/Kristopher Andersen/Primary Examiner, Art Unit 2159