DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is responsive to communication filed on 12/30/2025.
Claims 1-20 are subject to examination.
This amendment and applicant’s arguments have been fully considered and entered by the Examiner.
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.
Claims 1-20 respectively rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 respectively of U.S. Patent No. 12,058,194 in view of Wang. Although the claims at issue are not identical, they are not patentably distinct from each other because they contain similar subject matter as follows:
“receiving on a device a multimedia item in a first mode in a first location; sensing a movement of the device from the first location to a second location; analyzing the multimedia item in the first mode; determining at least one pattern of behavior, wherein the at least one pattern behavior comprises the movement of the device from the first location to the second location, and wherein the at least one pattern behavior comprises a user action causing the movement of the device, and wherein the movement of the device results in a multimedia transition event for the multimedia item, wherein the multimedia transition event includes continuing the presentation by displaying the multimedia item in a second device different from the device, wherein the device is connected to a first network, and wherein the second device is connected to a second network; initiating a conversion of the multimedia item from the first mode to a second mode; and presenting the multimedia item in the second mode on the device in the second location.”
‘194 Patent does not explicitly teach wherein the second device is connected to a second network at a second image quality level different from the first image quality level.
Wang teaches wherein the device is connected to a first network at a first image quality level (i.e. first network condition quality in a network communication path between the second device and the first device)(column 27 lines 13-20) and wherein the second device is connected to a second network at a second image quality level different from the first image quality level (i.e. subsequently determining a second network condition quality in the network communication path between the second device and the first device, the second network condition quality being better than the first network condition quality) (column 27 lines 13-23) and wherein the second device connected a second network (column 6 lines 19-49). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Wang’s teaching in ‘194 Patent’s teaching to come up with transition event includes continuing the presentation by displaying the multimedia item in another device different from the device wherein both devices are connected to different network and having second image quality level different from the first image quality level. The motivation for doing so would be to provide user continuity to play or listening or watching the content while on the move or transition from one network to another network wherein the second network condition quality being better than the first network condition quality.
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.
Claims 1-8, 10-16, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bates et al. U.S. Patent Publication # 2019/0208270 (hereinafter Bates) in view of VanBlon et al. U.S. Patent # 11,330,029 (hereinafter VanBlon) further in view of Wang et al. U.S. Patent # 10,944,982 (hereinafter Wang)
With respect to claim 1, Bates teaches method for multimodal transition comprising:
-receiving on a device a multimedia item in a first mode in a first location (i.e. receiving an episode of “game of Thrones” on user equipment)(Paragraph 47, 68). Examiner would to point out that first physical environment is the first mode. Paragraph 47 gives one example, and Paragraph 68 is another example.
-sensing a movement of the device from the first location to a second location (i.e. the media guidance application may use the combination of sensor and network source data to determine the location of user and the user enter the car using user’s mobile device to disconnect with home Wi-Fi and also based on user no longer detected in first physical environment based on the video and audio data generated by the sensor) (Paragraph 54)
-analyzing the multimedia item in the first mode (i.e. version of media asset in this specific scenario may be a video and also media guidance application on user equipment may then analyze the video stream to determine whether the user is in a physical environment) (Paragraph 47-48);
-initiating a conversion of the multimedia item from the first mode to a second node and (i.e. media guidance application may process the collected data to determine that the location of the first user has changed from first physical environment to a second physical environment and user mobile device as mode that is appropriate for accessing the media asset) (Paragraph 54, 60-62, 63)
-presenting the multimedia item in the second mode on the device in the second location (Paragraph 63, 68)
Bates does not explicitly teach determining at least one pattern of behavior, wherein the at least one pattern behavior comprises the movement of the device from the first location to the second location, and wherein the at least one pattern behavior comprises a user action causing the movement of the device, and wherein the movement of the device results in a multimedia transition event for the multimedia item, wherein the multimedia transition event includes continuing the presentation by displaying the multimedia item in a second device different from the device, wherein the device is connected to a first network, and wherein the second device is connected to a second network.
VanBlon teaches determining at least one pattern of behavior, wherein the at least one pattern behavior comprises the movement of the device from the first location to the second location (i.e. if the user is streaming the TV program to his tablet at 3:15pm and the smart television is turned on, the content sharing module may send information about the streaming TV program to the smart TV) (column 12 lines 30-64) , and wherein the at least one pattern behavior comprises a user action causing the movement of the device, and wherein the movement of the device results in a multimedia transition event for the multimedia item (column 11 lines 43-53)(column 12 lines 30-64), wherein the multimedia transition event includes continuing the presentation by displaying the multimedia item in a second device different from the device (i.e. multimedia transition event includes continuing the presentation by displaying the multimedia item in another device wherein user is watching Netflix on his iPad in his bedroom, and decides that he wants to watch it instead on the smart TV and turns on the smart TV. The content sharing module will automatically send information about the Netflix movie to the smart TV so the user can continue watching the movie) (column 11 lines 43-53)(column 12 lines 30-64)(column 13 lines 34-49), wherein the device is connected to a first network (column 11 lines 16-29)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement VanBlon’s teaching in Bates’s teaching to come up with transition event includes continuing the presentation by displaying the multimedia item in another device different from the device. The motivation for doing so would to automatically transition the user to displaying the content on the different/second device based on previous user response/history (column 13 lines 44-49)
Bates and Vanblon does not explicitly teach wherein the second device is connected to a second network at a second image quality level different from the first image quality level.
Wang teaches wherein the device is connected to a first network at a first image quality level (i.e. first network condition quality in a network communication path between the second device and the first device)(column 27 lines 13-20) and wherein the second device is connected to a second network at a second image quality level different from the first image quality level (i.e. subsequently determining a second network condition quality in the network communication path between the second device and the first device, the second network condition quality being better than the first network condition quality) (column 27 lines 13-23) and wherein the second device connected a second network (column 6 lines 19-49). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Wang’s teaching in Bates and Vanblon’s teaching to come up with transition event includes continuing the presentation by displaying the multimedia item in another device different from the device wherein both devices are connected to different network and having second image quality level different from the first image quality level. The motivation for doing so would be to provide user continuity to play or listening or watching the content while on the move or transition from one network to another network wherein the second network condition quality being better than the first network condition quality.
With respect to claim 2, Bates, VanBlon and Wang teaches the method of claim 1, but Bates further teaches wherein the device is at least one of: a mobile device, a laptop, a computer, a television, a pair of earphones, a pair of earbuds, a vehicle, a pair of VR/AR glasses, a head-mounted display, a smart watch, and a smart home device (i.e. television, phone, computer)(Fig. 1 and Fig. 2) (Paragraph 48, 50)
With respect to claim 3, Bates, VanBlon and Wang teaches the method of claim 1, but Bates further teaches wherein the multimedia item is at least one of: a video, a television show (i.e. game of thrones), a broadcast show, a song, a podcast, an audio file, a video file, and an audiovisual file (Paragraph 70)
With respect to claim 4, Bates, VanBlon and Wang teaches the method of claim 1, but Bates further teaches wherein the first mode and the second mode are the same (i.e. wherever the user left off in the game of thrones show, on the second mode, the user can start from the same spot)(Paragraph 57-58, 71)
With respect to claim 5, Bates, VanBlon and Wang teaches the method of claim 1, but Bates further teaches wherein analyzing the device further comprises: analyzing at least one constraint of the device (i.e. sensor collects data and media guidance application may analyze the audio using natural language processing including finding out headphones are not available and Game of thrones on his/her mobile phone via head phones )(Paragraph 48, 49, 54, 69, 78); and analyzing at least one data plan associated with the device (i.e. bandwidth capacity/requirement) (Paragraph 12, 62)
With respect to claim 6, Bates, VanBlon and Wang teaches the method of claim 1, but Bates further teaches wherein the at least one constraint is associated with at least one of: local storage, software compatibility, a display (i.e. TV in first mode and mobile phone in the second mode in car), audio capabilities (i.e. headphones)(Paragraph 69, 78), hardware deficiencies and network strength (i.e. bandwidth and Wi-Fi strength)(Paragraph 12,50, 62)
With respect to claim 7, Bates, VanBlon and Wang teaches the method of claim 1, but Bates further teaches wherein the first mode comprises an audiovisual mode (i.e. receiving/watching an episode of “game of Thrones” on user equipment at home)(Fig. 1)(Paragraph 47, 68) and the second mode comprises an audio-only mode (i.e. audio only)(Paragraph 70, 73-75)
With respect to claim 8, Bates, VanBlon and Wang teaches the method of claim 1, but VanBlon further teaches wherein the at least one pattern of behavior is a temporal-based pattern (column 12 lines 30-51)
With respect to claim 10, Bates teaches a system for multimodal transition comprising: a memory storing computer readable instructions; and a processor communicatively coupled to the memory, wherein the processor, when executing the computer readable instructions, is configured to:
-receive on a device a multimedia item in a first mode in a first location (i.e. receiving an episode of “game of Thrones” on user equipment)(Paragraph 47, 68). Examiner would to point out that first physical environment is the first mode. Paragraph 47 gives one example, and Paragraph 68 is another example.
-sense a movement of the device from the first location to a second location (i.e. the media guidance application may use the combination of sensor and network source data to determine the location of user and the user enter the car using user’s mobile device to disconnect with home Wi-Fi and also based on user no longer detected in first physical environment based on the video and audio data generated by the sensor) (Paragraph 54)
-analyze the multimedia item in the first mode (i.e. version of media asset in this specific scenario may be a video and also media guidance application on user equipment may then analyze the video stream to determine whether the user is in a physical environment) (Paragraph 47-48);
-initiate a conversion of the multimedia item from the first mode to a second node and (i.e. media guidance application may process the collected data to determine that the location of the first user has changed from first physical environment to a second physical environment and user mobile device as mode that is appropriate for accessing the media asset) (Paragraph 54, 60-62, 63)
-present the multimedia item in the second mode on the device in the second location (Paragraph 63, 68)
Bates does not explicitly teach determining at least one pattern of behavior, wherein the at least one pattern behavior comprises the movement of the device from the first location to the second location, and wherein the at least one pattern behavior comprises a user action causing the movement of the device, and wherein the movement of the device results in a multimedia transition event for the multimedia item, wherein the multimedia transition event includes continuing the presentation by displaying the multimedia item in a second device different from the device, wherein the device is connected to a first network, and wherein the second device is connected to a second network.
VanBlon teaches determining at least one pattern of behavior, wherein the at least one pattern behavior comprises the movement of the device from the first location to the second location (i.e. if the user is streaming the TV program to his tablet at 3:15pm and the smart television is turned on, the content sharing module may send information about the streaming TV program to the smart TV) (column 12 lines 30-64) , and wherein the at least one pattern behavior comprises a user action causing the movement of the device, and wherein the movement of the device results in a multimedia transition event for the multimedia item (column 11 lines 43-53)(column 12 lines 30-64), wherein the multimedia transition event includes continuing the presentation by displaying the multimedia item in a second device different from the device (i.e. multimedia transition event includes continuing the presentation by displaying the multimedia item in another device wherein user is watching Netflix on his iPad in his bedroom, and decides that he wants to watch it instead on the smart TV and turns on the smart TV. The content sharing module will automatically send information about the Netflix movie to the smart TV so the user can continue watching the movie) (column 11 lines 43-53)(column 12 lines 30-64)(column 13 lines 34-49), wherein the device is connected to a first network (column 11 lines 16-29)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement VanBlon’s teaching in Bates’s teaching to come up with transition event includes continuing the presentation by displaying the multimedia item in another device different from the device. The motivation for doing so would to automatically transition the user to displaying the content on the different/second device based on previous user response/history (column 13 lines 44-49)
Bates and Vanblon does not explicitly teach wherein the second device is connected to a second network at a second image quality level different from the first image quality level.
Wang teaches wherein the device is connected to a first network at a first image quality level (i.e. first network condition quality in a network communication path between the second device and the first device)(column 27 lines 13-20) and wherein the second device is connected to a second network at a second image quality level different from the first image quality level (i.e. subsequently determining a second network condition quality in the network communication path between the second device and the first device, the second network condition quality being better than the first network condition quality) (column 27 lines 13-23) and wherein the second device connected a second network (column 6 lines 19-49). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Wang’s teaching in Bates and Vanblon’s teaching to come up with transition event includes continuing the presentation by displaying the multimedia item in another device different from the device wherein both devices are connected to different network and having second image quality level different from the first image quality level. The motivation for doing so would be to provide user continuity to play or listening or watching the content while on the move or transition from one network to another network wherein the second network condition quality being better than the first network condition quality.
With respect to claim 11, Bates, VanBlon and Wang teaches the system of claim 10, but Bates further teaches wherein the first mode is an audiovisual mode (i.e. receiving/watching an episode of “game of Thrones” on user equipment at home)(Fig. 1)(Paragraph 47, 68) and the second mode comprises an audio-only mode (i.e. audio only)(Paragraph 70, 73-75)
With respect to claim 12, Bates, VanBlon and Wang teaches the system of claim 10, but Bates further teaches wherein the processor is further configured to transmit the data according to at least one of the following: a wireless protocol, a broadband protocol, a broadcast signal, a cellular protocol, a satellite signal, a short-range signal, Wi-Fi, Bluetooth, Bluetooth Low Energy, WiMax, 4G, 5G, LTE, Zigbee, Z-Wave, and Thread (Paragraph 7, 9, 48, 50)
With respect to claim 13, Bates, VanBlon and Wang teaches the system of claim 10, but Bates further teaches wherein the at least one pattern of behavior is a temporal-based pattern (column 12 lines 30-51)
With respect to claim 14, Bates, VanBlon and Wang teaches the system of claim 10, but VanBlon further teaches wherein the temporal-based pattern is associated with the first device and the second device (i.e. Tablet and smart TV)(column 12 lines 22-51). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement VanBlon’s teaching in Bates, Brown and Wang’s teaching to come up with temporal based pattern is associated with first and second device. The motivation for doing so would be to provide analysis between the both of the device, therefore the content or media item can be played on a different device.
With respect to claim 15, Bates, VanBlon and Wang teaches the system of claim 10, but VanBlon further teaches wherein the temporal-based pattern associated with the first device and the second device is associated with at least one of: a GPS location, a gyroscope indication, and a calendar event (column 10 lines 64-67)(column 11 lines 1-16) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement VanBlon’s teaching in Bates, Brown and Wang’s teaching to come up with at least pattern being at least one of gyroscope, GPS location and a calendar event. The motivation for doing so would be to play the content or media item on a different device based on particular location and/or time.
With respect to claim 16, Bates, VanBlon and Wang teaches the system of claim 10, but Bates further teaches wherein the conversion of the multimedia item into a second mode is further based on at least one calendar event (Paragraph 52, 75)
With respect to claim 18, Bates, VanBlon and Wang teaches the system of claim 10, but Bates further teaches the processor further configured to: after converting the multimedia item into the second mode, automatically initiate a download request of the multimedia item in the second mode onto the second device (Paragraph 10, 57-58, 79-80)
Claims 9, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bates et al. U.S. Patent Publication # 2019/0208270 (hereinafter Bates) in view of VanBlon et al. U.S. Patent # 11,330,029 (hereinafter VanBlon) further in view of Wang et al. U.S. Patent # 10,944,982 (hereinafter Wang) further in view of Brown et al. U.S. Patent Publication # 2020/0359154 (hereinafter Brown)
With respect to claim 9, Bates, VanBlon and Wang teaches the method of claim 1, but fails to further teaches wherein the at least one machine-learning model determines at least one preferred mode associated with the device based on the analysis of the device and the at least one dataset associated with the at least one pattern of behavior.
Brown teaches wherein the at least one machine-learning model determines at least one preferred mode associated with the device based on the analysis of the device and the at least one dataset associated with the at least one pattern of behavior (Paragraph 77-80). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Brown’s teaching in Bates, VanBlon and Wang’s teaching to come up with analyzing machine learning model which is trained on at least one dataset associated with one pattern of behavior. The motivation for doing so would be dynamically adjust the mode of the multimedia item based on the locations of the user, therefore user does not manually have to change modes.
With respect to claim 17, Bates, VanBlon and Wang teaches the system of claim 10, but fails to further teaches wherein the processor is further configured to: determine at least one preferred mode of playing the multimedia item based on the at least one machine-learning model.
Brown teaches wherein the processor is further configured to: determine at least one preferred mode of playing the multimedia item based on the at least one machine-learning model (Paragraph 77-80). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Brown’s teaching in Bates, VanBlon and Wang’s teaching to come up with analyzing machine learning model which is trained on at least one dataset associated with one pattern of behavior. The motivation for doing so would be dynamically adjust the mode of the multimedia item based on the locations of the user, therefore user does not manually have to change modes.
Claim 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bates et al. U.S. Patent Publication # 2019/0208270 (hereinafter Bates) in view of VanBlon et al. U.S. Patent # 11,330,029 (hereinafter VanBlon) further in view of Wang et al. U.S. Patent # 10,944,982 (hereinafter Wang) further in view of Tsai et al. U.S. Patent Publication # 2009/0042551 (hereinafter Tsai)
With respect to claim 19, Bates, VanBlon, Wang teaches the system of claim 10, but fails to further teach after the transmission of data associated with the multimedia item in the second mode to the second device, compress the data according to at least one compression algorithm.
Tsai teaches after the transmission of data associated with the multimedia item in the second mode to the second device, compress the data according to at least one compression algorithm (Paragraph 35-37). It would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to implement Tsai’s teaching in Bates, VanBlon, Wang’s teaching to come up with compressing data according to compression algorithm and transmitting the compressed data. The motivation for doing so is because the video data can be compressed with a low compression ratio and the compressed video data can be transmitted prior the other signal without respect to flow rate on the mobile network (Paragraph 36)
Claim 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bates et al. U.S. Patent Publication # 2019/0208270 (hereinafter Bates) in view of Brown et al. U.S. Patent Publication # 2020/0359154 (hereinafter Brown) further in view Tsai further in view of VanBlon et al. U.S. Patent # 11,330,029 (hereinafter VanBlon) further in view of Wang et al. U.S. Patent # 10,944,982 (hereinafter Wang)
With respect to claim 20, Bates teaches a non-transitory computer-readable media storing computer executable instructions that when execute cause a computing system to perform a method for multimodal transition comprising:
-receive on a first device a multimedia item in a first mode in a first location (i.e. receiving an episode of “game of Thrones” on user equipment)(Paragraph 47, 68). Examiner would to point out that first physical environment is the first mode. Paragraph 47 gives one example, and Paragraph 68 is another example.
-sensing a movement of the device from the first location to a second location (i.e. the media guidance application may use the combination of sensor and network source data to determine the location of user and the user enter the car using user’s mobile device to disconnect with home Wi-Fi and also based on user no longer detected in first physical environment based on the video and audio data generated by the sensor) (Paragraph 54)
-analyzing the multimedia item in the first mode (i.e. version of media asset in this specific scenario may be a video and also media guidance application on user equipment may then analyze the video stream to determine whether the user is in a physical environment) (Paragraph 47-48);
-receiving information related to a second device (i.e. capability of user equipment and also user profile)(Paragraph 59, 69, 71-72), wherein the information comprises a GPS location of the second device indicating the second location (i.e. location of the second device which can be in a car/uber/taxi traveling) (Paragraph 52, 62, 64-65)
-analyzing the device (i.e. sensor collects data and media guidance application may analyze the audio using natural language processing)(Paragraph 48, 49, 54)
- initiate a conversion of multimedia item into a second mode (i.e. media guidance application may process the collected data to determine that the location of the first user has changed from first physical environment to a second physical environment and user mobile device as mode that is appropriate for accessing the media asset) (Paragraph 54, 60-62, 63)
-presenting the multimedia item in the second mode on the device in the second location (Paragraph 63, 68)
Bates does not explicitly use the words “machine-learning model”, wherein the information is based on at least one machine-learning model, wherein determining at least one temporal pattern of behavior, wherein the at least one pattern behavior comprises the historical data associated with the movement of the device from the first location to the second location, wherein the at least one pattern behavior comprises a user action causing the movement of the device, and wherein the movement of the device results in a multimedia transition event for the multimedia item, wherein the multimedia transition event includes continuing the presentation by displaying the multimedia item in a second device different from the first device, wherein the first device is connected to a first network, and wherein the second device is connected to a second network; and temporal pattern of behavior; compressing the converted multimedia item in the second mode according to at least one compression algorithm; transmitting the compressed converted multimedia item in the second mode to the second device.
Brown applying at least one machine-learning model, wherein the information is based on at least one machine-learning model, wherein determining at least one temporal pattern of behavior (Paragraph 77-80), wherein the at least one pattern behavior comprises the historical data associated with the movement of the device from the first location to the second location (i.e. if the user moves the audio device within first location or from the first location into a different location, the usage statistics will begin to reflect the new position with respect to the second location due to the changing transmission) (Paragraph 78-79); wherein the at least one pattern behavior comprises a user action causing the movement of the device (i.e. audio device moved from first location to second location, adjusting the audio output), initiating a conversion of the multimedia item from the first mode to a second mode (i.e. the machine learning eventually results in the audio output being adjust according to the new position) (Paragraph 78), transmit the converted multimedia item in the second mode (i.e. performing loud speaker directivity control on the audio output and reduce the audio signal in the second location and also, reducing its own audio output during the time period at the new location)(Paragraph 78-80); presenting the multimedia item in the second mode on the device in the second location (i.e. reducing the audio signal or outputting the audio signal being adjusted according to the new location/position)(Paragraph 78-80, 85). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Brown’s teaching in Bates’s teaching to come up with analyzing machine learning model which is trained on at least one dataset associated with one pattern of behavior. The motivation for doing so would be dynamically adjust the mode of the multimedia item based on the locations of the user, therefore user does not manually have to change modes.
Bates and Brown does not explicitly teach temporal pattern of behavior; compressing the converted multimedia item in the second mode according to at least one compression algorithm; transmitting the compressed converted multimedia item in the second mode to the second device.
Tsai teaches compressing the converted multimedia item in the second mode according to at least one compression algorithm (Paragraph 35); transmitting the compressed converted multimedia item in the second mode to the second device (Paragraph 36-37). It would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to implement Tsai’s teaching in Bates’s teaching to come up with compressing data according to compression algorithm and transmitting the compressed data. The motivation for doing so is because the video data can be compressed with a low compression ratio and the compressed video data can be transmitted prior the other signal without respect to flow rate on the mobile network (Paragraph 36)
Bates, Brown and Tsai fails to teach wherein the at least one pattern of behavior is a temporal-based pattern, wherein the at least one pattern behavior comprises user action in relation to a multimedia transition event for the multimedia item.
VanBlon teaches wherein the at least one pattern of behavior is a temporal-based pattern (i.e. schedule of when particular types of content are typically presenting on the second device, including streaming the TV program to his tablet at 3:15pm and the smart TV is then turned on and presenting the content on the TV)(column 12 lines 22-51) at least one pattern behavior is temporal-based pattern and wherein the at least one pattern behavior comprises a user action in relation to a multimedia transition event for the multimedia item (i.e. if the user is streaming the TV program to his tablet computer at 3:15pm and the smart television is then turned on, the content sharing module may send information about the streaming TV program to the smart TV so that it can present the TV program) (column 12 lines 30-51) user action causing the movement of the device and the wherein the movement of the device results in a multimedia transition event for the multimedia item (column 11 lines 43-53)(column 12 lines 30-64) wherein the multimedia transition event includes continuing the presentation by displaying the multimedia item in another device different from the device (i.e. multimedia transition event includes continuing the presentation by displaying the multimedia item in another device wherein user is watching Netflix on his iPad in his bedroom, and decides that he wants to watch it instead on the smart TV and turns on the smart TV. The content sharing module will automatically send information about the Netflix movie to the smart TV so the user can continue watching the movie) (column 11 lines 43-53)(column 12 lines 30-64)(column 13 lines 34-49); analyzing the device (i.e. checking to see if the second device has an application for presenting content and also sending information including link to the second device) (column 12 lines 52-67)(column 13 lines 1-3); presenting the multimedia item on the device in the second location (column 12 lines 30-51). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement VanBlon’s teaching in Bates, Brown and Tsai’s teaching to come up with having the at least one pattern behavior comprises user action in relation to a multimedia transition event for the multimedia item. The motivation for doing so would be using historical data for data pertaining to elapsed temporal period for multiple types and/or data pertaining to one or more temporal periods, therefore, a prediction or analysis can be made during specific period of time for presenting the multimedia item and then presenting the media item based on analysis.
Bates, Brown, Tsai and VanBlon does not explicitly teach wherein the second device is connected to a second network at a second image quality level different from the first image quality level.
Wang teaches wherein the device is connected to a first network at a first image quality level (i.e. first network condition quality in a network communication path between the second device and the first device)(column 27 lines 13-20) and wherein the second device is connected to a second network at a second image quality level different from the first image quality level (i.e. subsequently determining a second network condition quality in the network communication path between the second device and the first device, the second network condition quality being better than the first network condition quality) (column 27 lines 13-23) and wherein the second device connected a second network (column 6 lines 19-49). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Wang’s teaching in Bates, Brown, Tsai and VanBlon’s teaching to come up with transition event includes continuing the presentation by displaying the multimedia item in another device different from the device wherein both devices are connected to different network and having second image quality level different from the first image quality level. The motivation for doing so would be to provide user continuity to play or listening or watching the content while on the move or transition from one network to another network wherein the second network condition quality being better than the first network condition quality.
Response to Arguments
Applicant’s arguments with respect to amended claim limitations with respect to claims 1, 10, 20 have been considered but are moot in view of new gourds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A). Castor et al. U.S. Patent Publication # 2013/0208184 in Paragraph 20 teaches wherein the first mode is directed at producing an image (TV picture) on the display screen while the second mode is directed at implementing VLC so as to allow the television set to communicatively couple with another device in the room.
B). Subramaniam et al. U.S. Patent Publication # 2014/0334381 which in Paragraph 9 teaches wirelessly transmitting display data from a source device to a sink device without passing the display data through an intermediary device is presented.
C). Trim et al. U.S. Patent Publication # 202/0402311 which teaches using machine learning to dynamically adjust the modified event based on retrieved first location and the second location.
D). Javeri et al. U.S. Patent Publication # 2021/0122292 which teaches in-vehicle may receive an alert that includes first vehicle identifying a first vehicle and first location data identifying a first location and may determine second location of the in-vehicle device is in a geographic area associated with the first location.
F). Onischuk et al. U.S. Patent Publication # 2018/0350180
G). Lewis et al. U.S. Patent Publication # 2019/0007745 which teaches about playback of a media content to be transferred from first user device to a second user device wherein first user device is a mobile phone and second user device is TV.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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DHAIRYA A. PATEL
Primary Examiner
Art Unit 2453
/DHAIRYA A PATEL/Primary Examiner, Art Unit 2453