DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot in view of a new ground(s) of rejection discussed below.
With respect to the last office action, Applicant amends claims, discusses the claims limitations, the prior arts of record (PAR), the office action and further argues that the PAR do not meet the amended claims limitations (see Applicant’s Remarks)
In response, Examiner notes Applicant’s arguments/amendments, however, the PAR still meet the amended claims limitations for these reasons: The PAR further discloses that: obtained score or highest ranking or re-ranking maybe based on user’s interactions or behavior: content may be arranged on the order of highest ranked content based on user’s behavior or interaction with content and/or content access or maybe re-ranked based on user’s behavior (see [0050-0055], [0060-0063] and [0105-0111]), and displayed in a position regardless of respective attributes of the part of the plurality of content groups which meets the amended claims limitations as discussed below. This office action is made FINAL.
Claim Rejections - 35 USC § 102
3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4. Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by BINDETR et al (2020/0117323).
As to claims 1-3, BINDER discloses behavior-influenced content access/navigating menus and further discloses an electronic apparatus comprising:
a display; and a processor connected to the display and configured to control the electronic apparatus (figs.1-6, [0033-0039], [0073-0076] and [0098-0101]), wherein the processor is configured to:
identify a plurality of contents as belonging to at least one content group among a plurality of content groups; obtain a score for the plurality of content groups, respectively, based on an exposure history of the plurality of content groups and a user’s viewing history for the plurality of content groups, the obtained score being independent of attributes of the plurality of content groups (figs.1-6, [0006-0016], [0029-0043], [0049-0058], [0102-0112], [0171-0178], [0199-0200] and [0219-0269]), generates first, second, etc. menu elements including tertiary menu elements belong to content(s) group among a plurality of content groups: genre: sports: types of sports; movies: types of movies; shows: types of shows; and rankings accordingly to present menu elements corresponding to a highest of the ranked available content groups based on user interaction and previous user content selection behavior information; menus includes still images, text, graphics, etc.; further monitors behavior to generate data that includes groups of contents watched and did not watch; obtained score or highest ranking or re-ranking maybe based on user’s interactions or behavior: content may be arranged on the order of highest ranked content based on user’s behavior or interaction with content and/or content access or maybe re-ranked based on user’s behavior;
obtain a display position (functional descriptive; figs.!A-2, illustrates the respective menus, clips, text, description, etc. positioned with areas of the display based on highest ranked group ) according to which the plurality of content groups are to be positioned on the display, respectively, based on the obtained score; and control the display to display a user interface (UI) corresponding to a part of the plurality of content groups based on the obtained display position regardless of respective attributes of the part of the plurality of content groups ([0006-0016], [0029-0043], [0049-0058], [0102-0112], [0171-0178], [0199-0200] and [0219-0269]), the generated first, second, etc. menu elements including tertiary menu elements belong to content(s) group among a plurality of content groups or ranked groups; presenting in order the groups from the highest to the lowest; the higher ranked content being larger than the second portion of the content access menu corresponding to a lower ranked content; e.g. news may be ranked highest if it is select most of the time; displayed in a position regardless of respective attributes of the part of the plurality of content groups; wherein the exposure history includes at least one of a history in which a UI corresponding to the plurality of content groups, respectively, is displayed via the display or a history in which a cursor is respectively positioned on a UI corresponding to the plurality of content groups and wherein the processor is configured to control the display to display a UI corresponding to a content group having a first score obtained that is higher than a UI corresponding to a content group having a second score obtained that is smaller than the first score ([0006-0016], [0029-0043], [0049-0058], [0102-0112], [0171-0178], [0199-0200] and [0219-0269]), the generated first, second, etc. menu elements including tertiary menu elements belong to content(s) group among a plurality of content groups or ranked groups; presenting in order the groups from the highest to the lowest; with different size respectively; the higher ranked content being larger than the second portion of the content access menu corresponding to a lower ranked content; e.g. news may be ranked highest if it is select most of the time.
As to claim 4, BINDER further discloses based on identifying a content group having no user’s viewing history from among the plurality of content groups, control the communication interface to transmit a request signal to request a viewing history of another user for the identified content group to a server; and based on a viewing history of the another user being received from the server via the communication interface, obtain a score for the identified content group based on an exposure history of the identified content group and the viewing history of the another user ([0040-0064], [0102-0112], [0171-0178], [0199-0200] and [0219-0269]), outside of the user’s profile other genre(s) not within the profile can be selected and re-ranked accordingly.
As to claims 5-6, BINDER further discloses based control the communication interface to transmit the request signal and the user’s viewing history to the server; and receive the viewing history of the another user from the server via the communication interface, wherein the another user is a user identified by the server based on a viewing history of the user and wherein the processor is configured to, based on information regarding a new group being received from a server via the communication interface, control the display to display the part of the plurality of content groups and a UI corresponding to the new group ([0040-0064], [0102-0112], [0171-0178], [0199-0200] and [0219-0269]), outside of the user’s profile other genre(s) not within the profile can be selected and re-ranked accordingly.
As to claims 7-8, BINDER further discloses obtain an exposure history of the new group and a user’s viewing history for the new group; control the communication interface to transmit the exposure history of the new group and the user’s viewing history for the new group to the server and obtain a ratio of an exposure history of the plurality of content groups, respectively, to a user’s viewing history of at least one content included in each of the plurality of content groups as a score of each of the plurality of content groups ([0040-0064], [0102-0112], [0171-0178], [0199-0200] and [0219-0269]).
As to claims 9-10, BINDER further discloses obtain control the display to display a first content group included in the part of the plurality of content groups in a UI of a first size and display remaining content groups included in the part of the plurality of content groups in a UI of a second size that is smaller than the first size and wherein the processor is configured to: based on a control command or a predetermined control command to turn on the electronic apparatus being received, control the display to display a UI corresponding to the part of the plurality of content groups ([0040-0064], [0102-0112], [0171-0178], [0199-0200] and [0219-0269]), first, second, etc. menu elements including tertiary menu elements belong to content(s) group among a plurality of content groups or ranked groups; presenting in order the groups from the highest to the lowest; with different size respectively; the higher ranked content being larger than the second portion of the content access menu corresponding to a lower ranked content; e.g. news may be ranked highest if it is select most of the time.
As to claims 11-13, the claimed “A controlling method of an electronic apparatus…” is composed of the same structural elements that were discussed with respect to claims 1-3.
Claims 4-5 are met as previously discussed in claims 4-5.
Conclusion
5. 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.
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached Monday-Friday 7-4.
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/ANNAN Q SHANG/Primary Examiner, Art Unit 2424
ANNAN Q. SHANG
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