DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is in reply to papers filed on 2024-08-05. Claims 1-20 are pending. Claims 1, 11, 18 is/are independent.
Information Disclosure Statement PTO-1449
The Information Disclosure Statement(s) submitted by applicant on 2024-08-05 has/have been considered. The submission is in compliance with the provisions of 37 CFR § 1.97. Form PTO-1449 signed and attached hereto.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR § 3.73(b).
Claim(s) 1-20 is/are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over the claim(s) of U.S. Patent 12056217. The table below sets forth exemplary claim(s).
18795066 (Instant Application)
U.S. Patent 12056217 (App 17517923)
1. A system comprising: a processor; and a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations, the operations comprising: determining, based on a time domain and a frequency domain associated with original digital media content and using a counterfeit digital media content model, whether digital media content comprises a counterfeit of an authorized release of the original digital media content, wherein the counterfeit digital media content model has been generated based on machine learning applied to time domains and frequency domains of past original digital media content other than the original digital media content and to past digital media content other than the digital media content, and wherein the past digital media content comprises counterfeit digital media content; and based on a determination that the digital media content comprises the counterfeit, flagging the digital media content as being counterfeit.
Patented claim 1 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
1. A system, comprising: a processor; and a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations, the operations comprising: determining, based on a time domain and a frequency domain associated with original digital media content and using a counterfeit digital media content model, whether digital media content comprises a counterfeit of an authorized release of the original digital media content, wherein the counterfeit digital media content model has been generated based on machine learning applied to time domains and frequency domains of past original digital media content other than the original digital media content and to past digital media content other than the digital media content, and wherein the past digital media content comprises counterfeit digital media content; based on a determination that a digital media content threshold satisfies a defined counterfeit criterion, determining that the digital media content comprises potentially counterfeit digital media content; in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, facilitating a non-broadcasted playback of the potentially counterfeit digital media content; comparing the potentially counterfeit digital media content to the original digital media content; and in response to a determination that the potentially counterfeit digital media content and the original digital media content satisfy a similarity criterion, determining that the potentially counterfeit digital media content comprises the counterfeit digital media content.
2. The system of claim 1, wherein the counterfeit digital media content model has been further generated based on an output of a process, comprising: concurrently sampling, in the time domain, the past original digital media content and the past digital media content; and based on a first past result of concurrently sampling, in the time domain, the past original digital media content and the past digital media content, determining a second past result, wherein the second past result comprises the frequency domain associated with the first past result.
Patented claim 2 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
2. The system of claim 1, wherein the counterfeit digital media content model has been further generated based on an output of a process, comprising: concurrently sampling, in the time domain, the past original digital media content and the past digital media content; and based on a first past result of concurrently sampling, in the time domain, the past original digital media content and the past digital media content, determining a second past result, wherein the second past result comprises the frequency domain associated with the first past result.
3. The system of claim 2, wherein the counterfeit digital media content model has been further generated by filtering the first past result using a first signal filter and the second past result using a second signal filter.
Patented claim 3 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
3. The system of claim 2, wherein the counterfeit digital media content model has been further generated by filtering the first past result using a first signal filter and the second past result using a second signal filter.
4. The system of claim 1, wherein the counterfeit digital media content model has been further generated based on a result of a comparison between an attribute associated with the past original digital media content and an attribute associated with the past digital media content, and wherein the determining whether the digital media content comprises the counterfeit is further based on a result of a comparison between an attribute associated with the original digital media content and an attribute associated with the digital media content.
Patented claim 4 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
4. The system of claim 1, wherein the counterfeit digital media content model has been further generated based on a result of a comparison between an attribute associated with the past original digital media content and an attribute associated with the past digital media content, and wherein the determining the digital media content comprises the potentially counterfeit digital media content is further based on a result of a comparison between an attribute associated with the original digital media content and an attribute associated with the digital media content.
5. The system of claim 4, wherein the attribute associated with the original digital media content comprises an implicit attribute.
Patented claim 5 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
5. The system of claim 4, wherein the attribute associated with the original digital media content comprises an implicit attribute.
6. The system of claim 5, wherein the implicit attribute comprises a compression attribute associated with the original digital media content.
Patented claim 6 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
6. The system of claim 5, wherein the implicit attribute comprises a compression attribute associated with the original digital media content.
7. The system of claim 5, wherein the implicit attribute comprises a start time associated with the original digital media content or an end time associated with the original digital media content.
Patented claim 7 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
7. The system of claim 5, wherein the implicit attribute comprises a start time associated with the original digital media content or an end time associated with the original digital media content.
8. The system of claim 4, wherein the attribute associated with the original digital media content comprises an explicit attribute.
Patented claim 8 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
8. The system of claim 4, wherein the attribute associated with the original digital media content comprises an explicit attribute.
9. The system of claim 8, wherein the explicit attribute comprises a start time or an end time of an event associated with the original digital media content.
Patented claim 9 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
9. The system of claim 8, wherein the explicit attribute comprises a start time or an end time of an event associated with the original digital media content.
10. The system of claim 8, wherein the explicit attribute comprises advertisement information representative of an advertisement associated with the original digital media content.
Patented claim 10 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
10. The system of claim 8, wherein the explicit attribute comprises advertisement information representative of an advertisement associated with the original digital media content.
11. A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processor, facilitate performance of operations, the operations comprising: determining, based on a frequency domain associated with original digital media content and using a counterfeit digital media content model, whether digital media content comprises a counterfeit of an approved release of the original digital media content, wherein the counterfeit digital media content model has been generated based on machine learning applied to time domains and frequency domains of past original digital media content other than the original digital media content and to past digital media content other than the digital media content, and wherein the past digital media content comprises counterfeit digital media content; and based on a determination that a digital media content threshold satisfies a defined counterfeit criterion, determining that the digital media content comprises potentially counterfeit digital media content.
Patented claim 11 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
11. A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processor, facilitate performance of operations, the operations comprising: determining, based on a frequency domain associated with original digital media content and using a counterfeit digital media content model, whether digital media content comprises a counterfeit of an approved release of the original digital media content, wherein the counterfeit digital media content model has been generated based on machine learning applied to time domains and frequency domains of past original digital media content other than the original digital media content and to past digital media content other than the digital media content, and wherein the past digital media content comprises counterfeit digital media content; based on a determination that a digital media content threshold satisfies a defined counterfeit criterion, determining that the digital media content comprises potentially counterfeit digital media content; in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, facilitating a non-broadcasted playback of the potentially counterfeit digital media content; comparing the potentially counterfeit digital media content to the original digital media content; and in response to a determination that the potentially counterfeit digital media content and the original digital media content satisfy a similarity criterion, determining that the potentially counterfeit digital media content comprises the counterfeit digital media content.
12. The non-transitory machine-readable medium of claim 11, wherein the original digital media content comprises a segment of video content.
Patented claim 12 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
12. The non-transitory machine-readable medium of claim 11, wherein the original digital media content comprises a segment of video or audio content.
13. The non-transitory machine-readable medium of claim 11, wherein the original digital media content comprises a segment of audio content.
Patented claim 12 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
14. The non-transitory machine-readable medium of claim 11, wherein the operations further comprise: in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, suspending network connectivity between a device determined to be associated with the digital media content and a network employed by the device to transmit content comprising the digital media content.
Patented claim 13 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
13. The non-transitory machine-readable medium of claim 11, wherein the operations further comprise: in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, suspending network connectivity between a device determined to be associated with the digital media content and a network employed by the device to transmit content comprising the digital media content.
15. The non-transitory machine-readable medium of claim 11, wherein the operations further comprise: in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, bandwidth throttling a connection between a device determined to be associated with the digital media content and a network via which the device is determined to transmit content comprising the digital media content, wherein the bandwidth throttling the connection comprises limiting onward communication speed between the device and the network to less than a communication speed determined to be sufficient for uninterrupted transmission of the digital media content via the network.
Patented claim 14 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
14. The non-transitory machine-readable medium of claim 11, wherein the operations further comprise: in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, bandwidth throttling a connection between a device determined to be associated with the digital media content and a network via which the device is determined to transmit content comprising the digital media content, wherein the bandwidth throttling the connection comprises limiting onward communication speed between the device and the network to less than a communication speed determined to be sufficient for uninterrupted transmission of the digital media content via the network.
16. The non-transitory machine-readable medium of claim 11, wherein the digital media content comprises a live streaming broadcast of an event.
Patented claim 15 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
15. The non-transitory machine-readable medium of claim 11, wherein the digital media content comprises a live streaming broadcast of an event.
17. The non-transitory machine-readable medium of claim 11, wherein the digital media content comprises prerecorded digital media content.
Patented claim 16 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
16. The non-transitory machine-readable medium of claim 11, wherein the digital media content comprises prerecorded digital media content.
18. A method comprising: determining, by network equipment comprising a processor, based on a frequency domain associated with original digital media content and using a counterfeit digital media content model, whether digital media content comprises a counterfeit of the original digital media content, wherein the counterfeit digital media content model has been generated based on machine learning applied to time domains and frequency domains of past original digital media content other than the original digital media content and to past digital media content other than the digital media content, and wherein the past digital media content comprises counterfeit digital media content; based on a determination that a digital media content threshold satisfies a defined counterfeit criterion, determining, by the network equipment, that the digital media content comprises potentially counterfeit digital media content; and in response to the determining that the digital media content comprises the potentially counterfeit digital media content, sending, by the network equipment to a device communicatively coupled to the network equipment, an alert signal representative of the determination that the digital media content comprises the potentially counterfeit digital media content.
Patented claim 17 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
17. A method, comprising: determining, by network equipment comprising a processor, based on a frequency domain associated with original digital media content and using a counterfeit digital media content model, whether digital media content comprises a counterfeit of the original digital media content, wherein the counterfeit digital media content model has been generated based on machine learning applied to time domains and frequency domains of past original digital media content other than the original digital media content and to past digital media content other than the digital media content, and wherein the past digital media content comprises counterfeit digital media content; based on a determination that a digital media content threshold satisfies a defined counterfeit criterion, determining, by the network equipment, that the digital media content comprises potentially counterfeit digital media content; in response to the determining that the digital media content comprises the potentially counterfeit digital media content, sending, by the network equipment to a device communicatively coupled to the network equipment, an alert signal representative of the determination that the digital media content comprises the potentially counterfeit digital media content; in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, facilitating a non-broadcasted playback of the potentially counterfeit digital media content; comparing the potentially counterfeit digital media content to the original digital media content; and in response to a determination that the potentially counterfeit digital media content and original digital media content satisfy a similarity criterion, determining that the potentially counterfeit digital media content comprises counterfeit digital media content.
19. The method of claim 18, wherein the counterfeit digital media content model was further generated by: concurrently sampling, by the network equipment, in a time domain, the past original digital media content and the past digital media content; and based on a first past result of concurrently sampling in the time domain, the past original digital media content and the past digital media content, determining, by the network equipment, a second past result, wherein the second past result comprises the frequency domain associated with the first past result.
Patented claim 18 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
18. The method of claim 17, wherein the counterfeit digital media content model was further generated by: concurrently sampling, by the network equipment, in a time domain, the past original digital media content and the past digital media content; and based on a first past result of concurrently sampling in the time domain, the past original digital media content and the past digital media content, determining, by the network equipment, a second past result, wherein the second past result comprises the frequency domain associated with the first past result.
20. The method of claim 18, wherein: the counterfeit digital media content model was further generated, by the network equipment, based on a result of a comparison between an attribute associated with the past original digital media content and an attribute associated with the past digital media content, and the determining the digital media content comprises the potentially counterfeit digital media content is further based on a result of a comparison, by the network equipment, between an attribute associated with the original digital media content and an attribute associated with the digital media content.
Patented claim 29 (reproduced herein for convenience) discloses all of the limitations of the instant claim.
19. The method of claim 17, wherein: the counterfeit digital media content model was further generated, by the network equipment, based on a result of a comparison between an attribute associated with the past original digital media content and an attribute associated with the past digital media content, and the determining the digital media content comprises the potentially counterfeit digital media content is further based on a result of a comparison, by the network equipment, between an attribute associated with the original digital media content and an attribute associated with the digital media content.
Summary of Claim Rejections under 35 U.S.C. § 102 and § 103
The following table summarizes the rejections set forth in detail below of the claims over the prior art.
Claim No.
Wold '766
Wold '766 in view of Bilobrov '963
Wold '766 in view of Gupta '933
1
[Wingdings font/0xFC]
2
[Wingdings font/0xFC]
3
[Wingdings font/0xFC]
4
[Wingdings font/0xFC]
5
[Wingdings font/0xFC]
6
[Wingdings font/0xFC]
7
[Wingdings font/0xFC]
8
[Wingdings font/0xFC]
9
[Wingdings font/0xFC]
10
[Wingdings font/0xFC]
11
[Wingdings font/0xFC]
12
[Wingdings font/0xFC]
13
[Wingdings font/0xFC]
14
[Wingdings font/0xFC]
15
[Wingdings font/0xFC]
16
[Wingdings font/0xFC]
17
[Wingdings font/0xFC]
18
[Wingdings font/0xFC]
19
[Wingdings font/0xFC]
20
[Wingdings font/0xFC]
Claim Rejections - 35 U.S.C. § 102
The following is a quotation of the appropriate paragraphs of AIA 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.
(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.
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 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.
Claim(s) 1-2, 4-13, 16-20 is/are rejected under 35 U.S.C. § 102 as being anticipated by U.S. Publication 20190028766 to Wold et al. (hereinafter "Wold '766"). Wold '766 is prior art to the claims under 35 U.S.C. § 102(a)(1) and 35 U.S.C. § 102(a)(2).
Per claim 1 (independent):
Wold '766 discloses a system comprising a processor and a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations (processor(s), memory, computer readable media, storage, executable instructions [Wold '766 ¶ 0151-0156])
Wold '766 discloses determining, based on a time domain and a frequency domain associated with original digital media content and using a counterfeit digital media content model, whether digital media content comprises a counterfeit of an authorized release of the original digital media content (machine learning builds model using time domain analysis and frequency domain analysis [Wold '766 ¶ 0065-0073]; identifies counterfeit works [Wold '766 ¶ 0063, 0042-0043])
Wold '766 discloses the counterfeit digital media content model has been generated based on machine learning applied to time domains and frequency domains of past original digital media content other than the original digital media content and to past digital media content other than the digital media content, and wherein the past digital media content comprises counterfeit digital media content (machine learning builds model using time domain analysis and frequency domain analysis [Wold '766 ¶ 0065-0073]; builds model from analysis of original content [Wold '766 ¶ 0062, 0135]; builds model from analysis of altered/counterfeit content [Wold '766 ¶ 0062, 0053, 0051-0054])
Wold '766 discloses based on a determination that the digital media content comprises the counterfeit, flagging the digital media content as being counterfeit (flags counterfeit content [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063])
Per claim 2 (dependent on claim 1):
Wold '766 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Wold '766 discloses the counterfeit digital media content model has been further generated based on an output of a process comprising concurrently sampling, in the time domain, the past original digital media content and the past digital media content (machine learning builds model using time domain analysis [Wold '766 ¶ 0065-0073]; builds model from analysis of original content [Wold '766 ¶ 0062, 0135] and of altered content [Wold '766 ¶ 0062, 0051-0054])
Wold '766 discloses based on a first past result of concurrently sampling, in the time domain, the past original digital media content and the past digital media content, determining a second past result, wherein the second past result comprises the frequency domain associated with the first past result (converts "time series data of the media content item into the frequency domain" [Wold '766 ¶ 0144]; machine learning builds model using frequency domain analysis [Wold '766 ¶ 0065-0073])
Per claim 4 (dependent on claim 1):
Wold '766 discloses the elements detailed in the rejection of claim 1 above, incorporated herein by reference
Wold '766 discloses the counterfeit digital media content model has been further generated based on a result of a comparison between an attribute associated with the past original digital media content and an attribute associated with the past digital media content, and wherein the determining whether the digital media content comprises the counterfeit is further based on a result of a comparison between an attribute associated with the original digital media content and an attribute associated with the digital media content (compares characteristics, e.g. "loudness, pitch, brightness, spectral bandwidth, energy in one or more spectral bands, spectral steadiness, Mel-frequency cepstral coefficients (MFCCs), and so on" [Wold '766 ¶ 0067] and "frame snippets, motion and music changes, camera cuts, brightness level, object movements, loudness, pitch, brightness, spectral bandwidth, energy in one or more spectral bands, spectral steadiness, Mel-frequency cepstral coefficients (MFCCs), and so on" [Wold '766 ¶ 0062])
Per claim 5 (dependent on claim 4):
Wold '766 discloses the elements detailed in the rejection of claim 4 above, incorporated herein by reference
Wold '766 discloses the attribute associated with the original digital media content comprises an implicit attribute (compares characteristics, e.g. "loudness, pitch, brightness, spectral bandwidth, energy in one or more spectral bands, spectral steadiness, Mel-frequency cepstral coefficients (MFCCs), and so on" [Wold '766 ¶ 0067] and "frame snippets, motion and music changes, camera cuts, brightness level, object movements, loudness, pitch, brightness, spectral bandwidth, energy in one or more spectral bands, spectral steadiness, Mel-frequency cepstral coefficients (MFCCs), and so on" [Wold '766 ¶ 0062])
Per claim 6 (dependent on claim 5):
Wold '766 discloses the elements detailed in the rejection of claim 5 above, incorporated herein by reference
Wold '766 discloses the implicit attribute comprises a compression attribute associated with the original digital media content (compression [Wold '766 ¶ 0062])
Per claim 7 (dependent on claim 5):
Wold '766 discloses the elements detailed in the rejection of claim 5 above, incorporated herein by reference
Wold '766 discloses the implicit attribute comprises a start time associated with the original digital media content or an end time associated with the original digital media content (analyzes live streams [Wold '766 ¶ 0075, 0099])
Per claim 8 (dependent on claim 4):
Wold '766 discloses the elements detailed in the rejection of claim 4 above, incorporated herein by reference
Wold '766 discloses the attribute associated with the original digital media content comprises an explicit attribute (compares characteristics, e.g. "loudness, pitch, brightness, spectral bandwidth, energy in one or more spectral bands, spectral steadiness, Mel-frequency cepstral coefficients (MFCCs), and so on" [Wold '766 ¶ 0067] and "frame snippets, motion and music changes, camera cuts, brightness level, object movements, loudness, pitch, brightness, spectral bandwidth, energy in one or more spectral bands, spectral steadiness, Mel-frequency cepstral coefficients (MFCCs), and so on" [Wold '766 ¶ 0062])
Per claim 9 (dependent on claim 8):
Wold '766 discloses the elements detailed in the rejection of claim 8 above, incorporated herein by reference
Wold '766 discloses the explicit attribute comprises a start time or an end time of an event associated with the original digital media content (analyzes live streams [Wold '766 ¶ 0075, 0099])
Per claim 10 (dependent on claim 8):
Wold '766 discloses the elements detailed in the rejection of claim 8 above, incorporated herein by reference
Wold '766 discloses the explicit attribute comprises advertisement information representative of an advertisement associated with the original digital media content (machine learning builds model using time domain analysis and frequency domain analysis necessarily includes analyzing original ads [Wold '766 ¶ 0065-0073]
Per claim 11 (independent):
Wold '766 discloses a non-transitory machine-readable medium comprising executable instructions that, when executed by a processor, facilitate performance of operations (processor(s), memory, computer readable media, storage, executable instructions [Wold '766 ¶ 0151-0156])
Wold '766 discloses determining, based on a frequency domain associated with original digital media content and using a counterfeit digital media content model, whether digital media content comprises a counterfeit of an approved release of the original digital media content (machine learning builds model using time domain analysis and frequency domain analysis [Wold '766 ¶ 0065-0073]; identifies counterfeit works [Wold '766 ¶ 0063, 0042-0043])
Wold '766 discloses the counterfeit digital media content model has been generated based on machine learning applied to time domains and frequency domains of past original digital media content other than the original digital media content and to past digital media content other than the digital media content, and wherein the past digital media content comprises counterfeit digital media content (machine learning builds model using time domain analysis and frequency domain analysis [Wold '766 ¶ 0065-0073]; builds model from analysis of original content [Wold '766 ¶ 0062, 0135]; builds model from analysis of altered/counterfeit content [Wold '766 ¶ 0062, 0053, 0051-0054])
Wold '766 discloses based on a determination that a digital media content threshold satisfies a defined counterfeit criterion, determining that the digital media content comprises potentially counterfeit digital media content (remediates based on number of classified segments exceeding threshold [Wold '766 ¶ 0099])
Per claim 12 (dependent on claim 11):
Wold '766 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
Wold '766 discloses the original digital media content comprises a segment of video content (audio and/or video [Wold '766 ¶ 0018, 0067, 0062])
Per claim 13 (dependent on claim 11):
Wold '766 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
Wold '766 discloses the original digital media content comprises a segment of audio content (audio and/or video [Wold '766 ¶ 0018, 0067, 0062])
Per claim 16 (dependent on claim 11):
Wold '766 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
Wold '766 discloses the digital media content comprises a live streaming broadcast of an event (analyzes live streams [Wold '766 ¶ 0075, 0099])
Per claim 17 (dependent on claim 11):
Wold '766 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
Wold '766 discloses the digital media content comprises prerecorded digital media content (analyzes pre-recorded video [Wold '766 ¶ 0075, 0099])
Per claim 18 (independent):
Wold '766 discloses based on a determination that a digital media content threshold satisfies a defined counterfeit criterion, determining, by the network equipment, that the digital media content comprises potentially counterfeit digital media content (remediates based on number of classified segments exceeding threshold [Wold '766 ¶ 0099, 0149]; flags counterfeit content [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063])
Wold '766 discloses in response to the determining that the digital media content comprises the potentially counterfeit digital media content, sending, by the network equipment to a device communicatively coupled to the network equipment, an alert signal representative of the determination that the digital media content comprises the potentially counterfeit digital media content (flags counterfeit content [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063]; remediates based on number of classified segments exceeding threshold [Wold '766 ¶ 0099, 0078-0079]; notification to client [Wold '766 ¶ 0125-0126])
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 1 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Per claim 19 (dependent on claim 18):
Wold '766 discloses the elements detailed in the rejection of claim 18 above, incorporated herein by reference
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 2 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Per claim 20 (dependent on claim 18):
Wold '766 discloses the elements detailed in the rejection of claim 18 above, incorporated herein by reference
The remaining limitations of the claim(s) correspond(s) to features of claim(s) 4 and the claim(s) is/are rejected for the reasons detailed with respect to those claims.
Claim Rejections - 35 U.S.C. § 103
The following is a quotation of AIA 35 U.S.C. 103 that 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. § 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 is/are rejected under 35 U.S.C. § 103 as being unpatentable over Wold '766 in view of U.S. Publication 20170371963 to Bilobrov (hereinafter "Bilobrov '963"). Bilobrov '963 is prior art to the claims under 35 U.S.C. § 102(a)(1) and 35 U.S.C. § 102(a)(2).
Per claim 3 (dependent on claim 2):
Wold '766 discloses the elements detailed in the rejection of claim 2 above, incorporated herein by reference
Wold '766 does not disclose the counterfeit digital media content model has been further generated by filtering the first past result using a first signal filter and the second past result using a second signal filter
However, Wold '766 discloses the counterfeit digital media content model has been further generated by filtering the first past result using a first signal filter (filters out alterations from time-sampled videos [Wold '766 ¶ 0054])
Further:
Bilobrov '963 discloses the counterfeit digital media content model has been further generated by filtering the second past result using a second signal filter (applies frequency domain filter [Bilobrov '963 ¶ 0067-0070])
It would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Wold '766 with the frequency domain filtering of Bilobrov '963 to arrive at an apparatus, method, and product including:
the counterfeit digital media content model has been further generated by filtering the first past result using a first signal filter and the second past result using a second signal filter
A person having ordinary skill in the art would have been motivated to combine them at least because frequency domain filtering would suppress anomalies and generate more matches based on more reliable criteria. A person having ordinary skill in the art would have been further motivated to combine them at least because Bilobrov '963 teaches [Bilobrov '963 ¶ 0067-0070] modifying a content recognition system [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063] such as that of Wold '766 to arrive at the claimed invention; because doing so constitutes use of a known technique (frequency domain filtering [Bilobrov '963 ¶ 0067-0070]) to improve similar devices and/or methods (content recognition system [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063]) in the same way; because doing so constitutes applying a known technique (frequency domain filtering [Bilobrov '963 ¶ 0067-0070]) to known devices and/or methods (content recognition system [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063]) ready for improvement to yield predictable results; and because the modification amounts to combining prior art elements according to known methods to yield predictable results. Here, (1) the prior art included each element (as detailed above); (2) one of ordinary skill in the art could have combined the elements as claimed by known methods, and in this combination, each element merely performs the same function as it does separately ((content recognition system [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063] classifies content using frequency domain filtering [Bilobrov '963 ¶ 0067-0070] to better find matches); (3) one of ordinary skill in the art would have recognized that the results of the combination were predictable; and (4) other considerations do not overcome this conclusion.
Claim(s) 14-15 is/are rejected under 35 U.S.C. § 103 as being unpatentable over Wold '766 in view of U.S. Publication 20090254933 to Gupta et al. (hereinafter "Gupta '933"). Gupta '933 is prior art to the claims under 35 U.S.C. § 102(a)(1) and 35 U.S.C. § 102(a)(2).
Per claim 14 (dependent on claim 11):
Wold '766 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
Wold '766 does not disclose in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, suspending network connectivity between a device determined to be associated with the digital media content and a network employed by the device to transmit content comprises the digital media content
However, Wold '766 discloses in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, suspending network connectivity between the digital media content and a network employed by the device to transmit content comprises the digital media content (removes counterfeit content from sharing [Wold '766 ¶ 0063])
Further:
Gupta '933 discloses in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, suspending network connectivity between a device determined to be associated with the digital media content and a network employed by the device to transmit content comprises the digital media content (suspends/quarantines user flagged for transmitting copyrighted content [Gupta '933 ¶ 0140-0142])
It would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Wold '766 with the rogue user remediation of Gupta '933 to arrive at an apparatus, method, and product including:
in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, suspending network connectivity between a device determined to be associated with the digital media content and a network employed by the device to transmit content comprises the digital media content
A person having ordinary skill in the art would have been motivated to combine them at least because frequency domain filtering would suppress anomalies and generate more matches based on more reliable criteria. A person having ordinary skill in the art would have been further motivated to combine them at least because Gupta '933 teaches [Gupta '933 ¶ 0140-0142] modifying a content recognition system [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063] such as that of Wold '766 to arrive at the claimed invention; because doing so constitutes use of a known technique (rogue user remediation [Gupta '933 ¶ 0140-0143]) to improve similar devices and/or methods (content recognition system [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063]) in the same way; because doing so constitutes applying a known technique (rogue user remediation [Gupta '933 ¶ 0140-0143]) to known devices and/or methods (content recognition system [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063]) ready for improvement to yield predictable results; and because the modification amounts to combining prior art elements according to known methods to yield predictable results. Here, (1) the prior art included each element (as detailed above); (2) one of ordinary skill in the art could have combined the elements as claimed by known methods, and in this combination, each element merely performs the same function as it does separately ((content recognition system [Wold '766 ¶ 0021, 0025, 0051, 0053, 0063] classifies content so that rogue user remediation [Gupta '933 ¶ 0140-0143] can stop violations); (3) one of ordinary skill in the art would have recognized that the results of the combination were predictable; and (4) other considerations do not overcome this conclusion.
Per claim 15 (dependent on claim 11):
Wold '766 discloses the elements detailed in the rejection of claim 11 above, incorporated herein by reference
Wold '766 does not disclose in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, bandwidth throttling a connection between a device determined to be associated with the digital media content and a network via which the device is determined to transmit content comprising the digital media content, wherein bandwidth throttling the connection comprises limiting onward communication speed between the device and the network to less than a communication speed determined to be sufficient for uninterrupted transmission of the digital media content via the network
Further:
Gupta '933 discloses in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, bandwidth throttling a connection between a device determined to be associated with the digital media content and a network via which the device is determined to transmit content comprising the digital media content, wherein bandwidth throttling the connection comprises limiting onward communication speed between the device and the network to less than a communication speed determined to be sufficient for uninterrupted transmission of the digital media content via the network (throttles user flagged for transmitting copyrighted content [Gupta '933 ¶ 0143])
For the reasons detailed above with respect to claim 14, it would have been obvious to a person having ordinary skill in the art (1) before the effective filing date of the claimed invention and (2) before the invention was made to have modified Wold '766 with the rogue user remediation of Gupta '933 to arrive at an apparatus, method, and product including:
in response to the determination that the digital media content threshold satisfies the defined counterfeit criterion, bandwidth throttling a connection between a device determined to be associated with the digital media content and a network via which the device is determined to transmit content comprising the digital media content, wherein bandwidth throttling the connection comprises limiting onward communication speed between the device and the network to less than a communication speed determined to be sufficient for uninterrupted transmission of the digital media content via the network
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THEODORE C PARSONS whose telephone number is (571)270-1475. The examiner can normally be reached on MTWRF 7:30-4:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jung Kim can be reached on (571) 272-3804. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. Should you have questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/THEODORE C PARSONS/Primary Examiner, Art Unit 2494