DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-2 and 12-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12081816. Although the claims at issue are not identical, they are not patentably distinct from each other because instant application claims are broader in every aspect than the patent claim and are therefore an obvious variant thereof.”
Claims 1 and 12.
A method comprising:
accessing a group watch session configured for at least a first user profile associated with a first device and a second user profile associated with a second device; accessing first user profile information of the first user profile and second user profile information of the second user profile;
identifying a break in the group watch session; based at least in part on the first user profile information of the first user profile and the second user profile information of the second user profile, causing to display, in the group watch session, one or more user selectable options to consume media content during the break in the group watch session; and
based at least in part on a selection, at one of the first device and the second device, of one of the one or more user selectable options to consume the media content during the break in the group watch session, causing to send, to the one of the first device and the second device, the media content associated with the selection of the one or more user selectable options to consume the media content during the break in the group watch session
Patent claim 1
initiating, between a first computing device and a second computing device, a group session for consuming a first media content item; identifying, based on a first user profile, identifying, based on a second user profile;
identifying, based on a first user profile, that the first computing device is configured to receive a second media content item including an advertisement at a first time and that the first user profile is subscribed to a media package comprising one or more advertisements; generating, for output, a first user interface element associated with performing an action;
receiving a first input associated with the first user interface element; performing, at the second computing device, the action; generating, for output at the third computing device, a second user interface element associated with upgrading the first user profile to the premium media package; receiving a second input associated with the second user interface element associated with upgrading the first user profile to the premium media package; upgrading the first user profile to the premium media package; receiving, at the first computing device a second portion of the first media content item in place of the advertisement; and receiving, at the second computing device, the second portion of the first media content item.
Claims 2 and 13.
each of the one or more user selectable options to consume the media content during the break in the group watch session includes information about at least one of: an advertisement-supported package associated with an OTT platform, a non-premium package associated with an OTT platform, a subscription to a streaming event, a subscription to a pay per view sporting event, premium content associated with a pay per view sporting event, an exclusive interview associated with a pay per view sporting event, premium content associated with a premium content item, a deleted scene associated with the media content, interactive content, a video game, or an advertisement.
Patent claim 1.
identifying, based on a first user profile, that the first computing device is configured to receive a second media content item including an advertisement at a first time and that the first user profile is subscribed to a media package comprising one or more advertisements;… generating, for output, a first user interface element associated with performing an action; receiving a first input associated with the first user interface element;
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) 1-2, 5-6, 10, 12-13, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (US PG Pub No. 2012/0042047), in view of Mak et al (US PG Pub No. 2014/0115631).
Regarding claims 1 and 12, Chen et al teaches a method comprising:
accessing a group watch session configured for at least a first user profile associated with a first device and a second user profile associated with a second device (i.e. each content player synchronizes a local time signal to a time reference signal maintained by a time server. Actions related to content playback are synchronized with respect to each local time signal for a given content player, which thereby synchronizes playback for a group of associated content players) (Figure 1; Abstract, Para. 0021, 0025-26);
accessing first user profile information of the first user profile and second user profile information of the second user profile (i.e. the content player 110 transmits playback characteristics for the content player 110 to content server 105) (Para. 0010, 0058, 0060);
identifying a break in the group watch session (i.e. a server side event has been received, then the method proceeds to step 520) (Figure 5; Para. 0062);
based at least in part on the first user profile information of the first user profile and the second user profile information of the second user profile (Para. 0010, 0058, 0060), causing to display, one or more user selectable options to consume media content during the break in the group watch session (i.e. new content may be specified for synchronized playback, such additional content may include segments of the digital content file 242, advertisement content, or informational material related to the title) (Para. 0041, 0063); and
based at least in part on a selection, at one of the first device and the second device, of one of the one or more user selectable options to consume the media content during the break in the group watch session, causing to send, to the one of the first device and the second device, the media content associated with the selection of the one or more user selectable options to consume the media content during the break in the group watch session (i.e. new content may be specified for synchronized playback, such additional content may include segments of the digital content file 242, advertisement content, or informational material related to the title) (Para. 0041, 0063).
The reference teaches one or more selectable options and group watch session but is unclear with respect to one or more selectable options in session.
In similar field of endeavor, Mak et al teaches one or more selectable options in session (Abstract, Figure 5, Para. 0053). Therefore, it would have been obvious to one of ordinary skill in the art to modify the reference before the effectively filing date of the claimed invention for the purpose of providing interactive object enables user to perform the selection without interrupting viewing of the video.
Claims 2 and 13 are rejected wherein each of the one or more user selectable options to consume the media content during the break in the group watch session includes information about at least one of:
an advertisement-supported package associated with an OTT platform, a non-premium package associated with an OTT platform, a subscription to a streaming event, a subscription to a pay per view sporting event, premium content associated with a pay per view sporting event, an exclusive interview associated with a pay per view sporting event, premium content associated with a premium content item, a deleted scene associated with the media content, interactive content, a video game, or an advertisement (Chen: 0041 and Mak: 0053).
Regarding claims 5 and 16, Chen and Mak, the combination teaches determining a duration of the break in the group watch session (Chen: Abstract, Figure 5; Mak: 0049); and
identifying the media content from a database of the media content based on the duration of the break in the group watch session (Chen: Abstract, Figure 5; Mak: 0049).
Regarding claims 6 and 17, Chen and Mak, the combination teaches the selection, at the one of the first device and the second device, of the one of the one or more user selectable options to consume the media content during the break in the group watch session includes an advertisement of a duration equal to or less than the duration of the break in the group watch session (Chen: Para. 0041, 0063 and Mak: Para. 0049).
Regarding claim 10, Chen and Mak, the combination teaches a method comprising:
accessing a group watch session configured for at least two user profiles associated with two devices (i.e. Each content player synchronizes a local time signal to a time reference signal maintained by a time server. Actions related to content playback are synchronized with respect to each local time signal for a given content player, which thereby synchronizes playback for a group of associated content players) (Figure 1; Abstract, Para. 0021, 0025-26);
accessing profile information of the at least two user profiles (i.e. the content player 110 transmits playback characteristics for the content player 110 to content server 105) (Para. 0010, 0058, 0060);
identifying a break in the group watch session (i.e. a server side event has been received, then the method proceeds to step 520) (Figure 5; Para. 0062);
based at least in part on the profile information (Para. 0010, 0058, 0060), causing to display user selectable options to consume media content during the break (Chen: Para. 0041, 0063 and Mal: 0053), wherein at least one of the user selectable options includes information about at least one of an advertisement-supported package, a non-premium package, a subscription, premium content, a deleted scene, interactive content, a video game, or an advertisement (Chen: 0041 and Mak: 0053).
causing to display an interface for output at each of the two devices (Chen: Para. 0041, 0063 and Mak: Figure 5; 0053); causing to display the user selectable options within the interface (Mak: Figure 5; 0053); determining a duration of the break; identifying the media content based on the duration (Chen: Abstract, Figure 5, 0041, 0063; Mak: 0049).
Claim(s) 3-4, 7-9, 11, 14-15 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al, in view of Mak et al, further in view of Kareeson et al (US PG Pub No. 2016/0044385).
Regarding claims 3 and 14, Chen and Mak, the combination teaches is rejected wherein causing to display, for output at each of the first device and the second device, an interface associated with the group watch session (Chen: Para. 0041);
causing to display within the interface at the first device the one or more user selectable options to consume the media content during the break in the group watch session (Chen: Abstract, Figure 5; Mak: 0053). The combination is unclear with respect to causing to display within the interface at the second device an option to obtain the subscription.
Kareeson et al teaches causing to display within the interface at the second device an option to obtain the subscription (Figure 5; 0071-72). Therefore, it would have been obvious to one of ordinary skill in the art to modify the combination before the effectively filing date of the claimed invention for common knowledge the purpose of allowing users to view content together and share subscription easily.
Regarding claims 4 and 15, Chen, Mak and Kareeson, the combination teaches the causing to display within the interface at the first device the one or more user selectable options to consume the media content during the break in the group watch session (Chen: Abstract, Figure 5; Mak: 0053) comprises: associated with the group watch session (Chen: Abstract, Figure 5); and causing to send, an option from the one or more user selectable options to consume the media content during the break in the group watch session as a communication through the interface (Para. 0041, 0063 and Mak: Para. 0053). The reference is unclear with respect to causing to generate a bot profile, from the bot profile. However, the examiner takes official notice that both concepts and advantages are well known and expected in the art. It would have been obvious to one of ordinary skill in the art to modify the combination by specifically causing to generate a bot profile, from the bot profile before the effectively filing date of the claimed invention for the common knowledge purpose of analyzing numerous sources quickly and providing information based on selection improving overall experience for users.
Regarding claims 7 and 18, Chen and Mak, the combination teaches wherein one of the one or more user selectable options to consume the media content during the break in the group watch session (Chen: Para. 0041, 0063 and Mak: Para. 0049).
The combination is unclear with respect to information about a subscription, the method further comprising: receiving a selection, from the second device, of the subscription; adding information indicative of the subscription to the second user profile; and causing to send, to the second device, media content associated with the subscription.
In similar field of endeavor, Kareeson et al teaches information about a subscription (Abstract), the method further comprising: receiving a selection, from the second device, of the subscription (Figure 5; Para. 0071); adding information indicative of the subscription to the second user profile (Figure 5; Para. 0072); and causing to send, to the second device, media content associated with the subscription (Figure 5; Para. 0071-72). Therefore, it would have been obvious to one of ordinary skill in the art to modify the combination before the effectively filing date of the claimed invention for common knowledge the purpose of allowing users to view content together and share subscription easily.
Regarding claims 8 and 19, Chen, Mak and Kareeson, the combination teaches the subscription is a gift between the first user profile associated with the first device and the second user profile associated with the second device (Kareeson: 0117-119).
Regarding claims 9 and 20, Chen, Mak and Kareeson, the combination teaches based at least in part on a selection of the gift by one of the first user profile associated with the first device and the second user profile associated with the second device, the other of the first user profile associated with the first device and the second user profile associated with the second device receives a reduction in a subscription fee or a digital gift (Kareeson: 0117-119, 0122).
Claim 11 corresponds to claims 7-9.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUNAL LANGHNOJA whose telephone number is (571)270-3583. The examiner can normally be reached M-F: 9:00AM - 5:00PM ET.
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/KUNAL LANGHNOJA/Primary Examiner, Art Unit 2425
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