Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of Claims
This action is in reply to the communications filed on August 22, 2024, and October 7, 2024. The applicant’s claim for benefit of application 16932761, filed July 18, 2020, and application 12991417, filed January 27, 2011, has been received and acknowledged.
The preliminary amendment filed October 7, 2024, has been received and entered.
Claims 2-21 are currently pending and have been examined.
Examiner’s Note: The Examiner notes that claims 2-7 and 17-21, as currently recited, do not recite any of the judicial exceptions enumerated in the MPEP and thus are patent eligible under 35 USC 101.
In the event the claims are amended, they will be subject to further examination
Priority
The instant application’s claim for priority to JP2008-158570, filed June 17, 2008, and JP2008-158571, filed June 17, 2008, and JP2008-170190, filed June 30, 2008, is received and is acknowledged.
Information Disclosure Statement
The information disclosure statement filed August 22, 2024, has been considered by the Examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5: Claim 5 recites “wherein the circuitry is configured to update the display area to show a plurality of icon images when a plurality of rental content is available for reproduction.” First, it is unclear what is meant by “reproduction” in this context. It is further unclear how the display is “updated” in light of being “available for reproduction.” What about the display is updated? Was there only one icon image previously? Do the icon images change? For purposes of examination, the Examiner is interpreting this portion of claim 5 as reciting “wherein the circuitry is configured to update the display area to show a plurality of icon images when a plurality of rental content is available.”
Claim 16: Claim 16 recites “generate a purchase screen prompting a to acquire a valid license licence.” It is unclear what entity/entities will be prompted to acquire a valid license. It is further unclear if “license licence” was intended to be an edit or something else. For purposes of examination the Examiner is interpreting this portion of claim 16 as reciting “generate a purchase screen prompting a user to acquire a valid license.”
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 8-16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Independent claim 8 is directed to an apparatus for processing rental content. With respect to claim 8, claim element determine whether stored content is rental content based on license information, as drafted, illustrate a step that, under its broadest reasonable interpretation, covers a mental process. That is, nothing in the claim precludes the step from practically being performed in the mind.
The judicial exception is not integrated into a practical application. In particular, claim 8 recites storing and displaying steps. These limitations are considered to be insignificant extra-solution activity.
Further, claim 8 recites a memory and circuitry. These elements are recited at a high level of generality, i.e., as generic computer components performing generic computer functions. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above, claim 8 recites storing and displaying steps. Per MPEP 2106.05(d)(II), elements such as receiving or transmitting data over a network, using the Internet to gather data, and storing and retrieving information in memory are considered to be computer functions that are well-understood, routine, and conventional functions. See Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPG2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network)).
Further, as discussed above, claim 8 recites a memory and circuitry. These elements are recited at a high level of generality (i.e., as generic computer components performing generic computer functions). Mere instructions to apply an exception using generic computer components cannot provide an inventive concept.
Thus, claim 8 is directed to the abstract idea.
Claims 9-16 depend from claim 8. Claim 9 is directed to generating rental marks and is further directed to the abstract idea. Claim 9 is further directed to storing rental content and displaying folders which, as discussed above, are functions that are considered to be well-understood, routine, and conventional. Claim 10 is directed to displaying the folder images and is further directed to the abstract idea. Claim 11 is directed to validating the license information and determine validity period and is further directed to the abstract idea. Claim 11 is further directed to displaying time information which, as discussed above, is a function that is considered to be well-understood, routine, and conventional. Claim 12 is directed to changing the display format of the remaining time when an amount of time left is less than a predetermined threshold and is further directed to the abstract idea. Claim 13 is directed to generating a detailed information screen and is further directed to the abstract idea. Claim 13 is further directed to displaying a thumbnail image and a rental status which, as discussed above, is a function that is considered to be well-understood, routine, and conventional. Claim 14 is directed to the content of the detailed information screen and is further directed to the abstract idea. Claim 15 is directed to controlling playback of rental content, determining whether a valid license exists, and specifying and using a license with an earliest valid time limit and is further directed to the abstract idea. Claim 16 is directed to generating a purchase screen prompting the user to acquire a valid license and is further directed to the abstract idea.
Thus, the claims are not patent eligible.
Claim Rejections - 35 USC § 102
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 pre-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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 2 and 4-6 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US 2002/0154157 A1 to Sherr et al. (hereinafter “Sherr”).
Claim 2: Sherr discloses a “user interface for use with a content items delivery apparatus and method which simulates the look and feel of a video rental store. Rental of the content items occurs within an online environment.” (See Sherr, at least Abstract). Sherr further discloses that the user “may select a digital video signal and purchase a license to view the selected digital video signal based on an access level selected by the user.” (See Sherr, at least Abstract). Sherr further discloses:
memory configured to store rental content downloaded from a content distribution server (See Sherr, at least para. [0040], server provides website content and comprises a processor that includes memory); and
circuitry (See Sherr, at least para. [0040], server provides website content and comprises a processor) configured to
control a display to display an icon image corresponding to the rental content (See Sherr, at least FIGs. 9-10 and associated text, item 906 is an icon “Click Here to Rent This Movie”; para. [0095], item 906 is a selectable transaction icon so that the user may quickly enter a transaction to purchase or otherwise obtain a license to access the associated content item (i.e., to rent the selected movie) from the movie’s “focused page” 900); and
display one or more icon images of the rental content along with information in a display area for the icon images of the rental content (See Sherr, at least FIGs. 9-10 and associated text, item 906 is an icon “Click Here to Rent This Movie”; Figure 9 displays item 906 (rental icon) along with images, links to user comments (item 910), and information about the movie (item 914); para. [0095], item 906 is a selectable transaction icon so that the user may quickly enter a transaction to purchase or otherwise obtain a license to access the associated content item (i.e., to rent the selected movie) from the movie’s “focused page” 900).
Claim 4: Sherr further discloses wherein the information is a rental mark near the icon image to identify the rental content as rental content (See Sherr, at least FIGs. 9-10 and associated text, item 906 is an icon “Click Here to Rent This Movie”; para. [0095], item 906 is a selectable transaction icon so that the user may quickly enter a transaction to purchase or otherwise obtain a license to access the associated content item (i.e., to rent the selected movie) from the movie’s “focused page” 900).
Claim 5: Sherr further discloses wherein the circuitry is configured to update the display area to show a plurality of icon images when a plurality of rental content is available for reproduction (See Sherr, at least FIG. 5 and associated text; para. [0084], user may browse movies by title, genre, license cost, or download time; content item may be displayed in a text list, image list, box or package representational images or lists, etc.; para. [0085], user selects browsing by title and displaying by virtual carousel; movies are displayed by title in alphabetical order in a virtual carousel interface; movies are displayed using box art from movie video boxes in rows ; user can select the movie with a left or right click to view more information or purchase or obtain a license to access the selected content).
Claim 6: Sherr further discloses wherein the circuitry is further configured to:
control the display to display a menu screen including folder images and icon images for selecting rental content (See Sherr, at least FIGs. 7-8 and associated text; para. [0088], search page 600 will prompt the user to enter search and display criteria, for example with a displayed message requesting the user to select search criteria and/or display format; user may be presented with various options, in the form of selectable icons or areas on option menu 602, for searching among the available content items (such as movies) of the main website. For example, a user may search for content items (for example, movies) using various criteria, such as title, author, actor, director, producer, date, genre, license cost, or download time, or the like; results of the search may be presented in various formats as well, including, but not limited to similar formats presented on the browse page 500, by selecting the appropriate icons or areas from option menu 604, which includes icons; para. [0089], in Figure 6, user has selected to search for movies by genre and could have selected display option of carousel or image list; in Figure 7, user selects comedy as a genre; in Figure 8, system displays a list of comedy movies that in text but that could also have been displayed as a carousel or image list); and
control the display to display the icon images in a lower-level folder of a hierarchical folder structure (See Sherr, at least FIGs. 7-8 and associated text; para. [0088], search page 600 will prompt the user to enter search and display criteria, for example with a displayed message requesting the user to select search criteria and/or display format; user may be presented with various options, in the form of selectable icons or areas on option menu 602, for searching among the available content items (such as movies) of the main website. For example, a user may search for content items (for example, movies) using various criteria, such as title, author, actor, director, producer, date, genre, license cost, or download time, or the like; results of the search may be presented in various formats as well, including, but not limited to similar formats presented on the browse page 500, by selecting the appropriate icons or areas from option menu 604, which includes icons; para. [0089], in Figure 6, user has selected to search for movies by genre and could have selected display option of carousel or image list; in Figure 7, user selects comedy as a genre; in Figure 8, system displays a list of comedy movies that in text but that could also have been displayed as a carousel or image list; comedy movies are at a lower level in the hierarchy).
Claim Rejections - 35 USC § 103
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 8-10, 13, and 15-21 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sherr in view of US 2008/0109911 A1 to Tedesco et al. (hereinafter “Tedesco”).
Claim 8: Sherr discloses:
memory configured to store rental content and corresponding license information (See Sherr, at least para. [0040], server provides website content and comprises a processor that includes memory); and
circuitry (See Sherr, at least para. [0040], server provides website content and comprises a processor) configured to:
control a display to display one or more icon images corresponding to the rental content (See Sherr, at least FIGs. 9-10 and associated text, item 906 is an icon “Click Here to Rent This Movie”; para. [0095], item 906 is a selectable transaction icon so that the user may quickly enter a transaction to purchase or otherwise obtain a license to access the associated content item (i.e., to rent the selected movie) from the movie’s “focused page” 900);
control the display to display a rental mark indicating rental status near the one or more icon images of the rental content or overlapping the one or more icon images (See Sherr, at least FIGs. 9-10 and associated text, item 906 is an icon “Click Here to Rent This Movie”; para. [0095], item 906 is a selectable transaction icon so that the user may quickly enter a transaction to purchase or otherwise obtain a license to access the associated content item (i.e., to rent the selected movie) from the movie’s “focused page” 900);
control the display to display the one or more icon images and rental marks in a display area allocated for rental content (See Sherr, at least FIGs. 9-10 and associated text, item 906 is an icon “Click Here to Rent This Movie”; Figure 9 displays item 906 (rental icon) along with images, links to user comments (item 910), and information about the movie (item 914); para. [0095], item 906 is a selectable transaction icon so that the user may quickly enter a transaction to purchase or otherwise obtain a license to access the associated content item (i.e., to rent the selected movie) from the movie’s “focused page” 900).
Sherr does not expressly disclose determine whether stored content is rental content based on license information; and control the display to show changes in the rental status of the rental content based on license information.
However, Tedesco discloses a system and method to “allow application of licenses, including limited use licenses, to media objects downloaded to a media device.” (See Tedesco, at least Abstract). Tedesco further discloses:
determine whether stored content is rental content based on license information (See Tedesco, at least para. [0022], individual DRM rules or limited use licenses may be attached to each of the media objects; DRM rules may be any rule or set of rules that limits the use of protected works to allow content owners to determine and control who and how users can view, use, and share digital media objects; DRM rule may limit the number of times an object may be played within a specific time period; promo cut may be played at any time wherein the content may be restricted to a limited use license; para. [0023], user may be allowed to browse through library of another user and request to download oner or more items from that user’s library; user may receive a full version, a 3-day, 3-play version, or promo cut of the requested item, depending on the license status of the requested item); and
control the display to show changes in the rental status of the rental content based on license information (See Tedesco, at least FIG. 8b and associated text, bottom 4 titles still have 1-3 days remaining before they expire; Expired content is a different color/font than the non-expired content; first title shows time has already expired; para. [0062], inbox object status 765 may change according to the license or DRM rule associated with the object).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include in the movie rental system and method of Sherr the ability of determine whether stored content is rental content based on license information; and control the display to show changes in the rental status of the rental content based on license information as disclosed by Tedesco since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to sort and prioritize the media files according to accessibility period so the user can play those files that are about to expire first. (See Tedesco, at least para. [0063]).
Claim 9: The combination of Sherr and Tedesco discloses all the limitations of claim 8 discussed above.
Sherr further discloses wherein:
the rental content is stored in folders (See Scherr, at least FIG. 2 and associated text; para. [0069], home page may include selectable icons such as Featured Movies, Coming Soon, or Top 5 Rentals; these correspond to folders; in response to user selecting Featured Movies icon, images 208 representing the featured movies are displayed; para. [0071], right-clicking on the icon 208 will allow the user to order the movie), and
the circuitry is configured to control the display to display folder images representing the folders and generate rental marks for the folders containing rental content (See Scherr, at least FIG. 2 and associated text; para. [0069], home page may include selectable icons such as Featured Movies; in response to user selecting Featured Movies icon, images 208 representing the featured movies are displayed; para. [0071], right-clicking on the icon 208 will allow the user to order the movie).
Claim 10: The combination of Sherr and Tedesco discloses all the limitations of claim 9 discussed above.
Sherr further discloses wherein the folder images are displayed hierarchically, with the rental mark indicating a presence of rental content in a sub-folder (See Scherr, at least FIG. 2 and associated text; para. [0069], home page may include selectable icons such as Featured Movies, Coming Soon, or Top 5 Rentals; these correspond to folders; in response to user selecting Featured Movies icon, images 208 representing the featured movies are displayed; para. [0071], right-clicking on the icon 208 will allow the user to order the movie).
Claim 13: The combination of Sherr and Tedesco discloses all the limitations of claim 8 discussed above.
Sherr further discloses:
generate a detailed information screen for selected rental content (See Sherr, at least FIGs. 9-10 and associated text, item 906 is an icon “Click Here to Rent This Movie”; Figure 9 displays item 906 (rental icon) along with images, links to user comments (item 910), and information about the movie (item 914); para. [0095], item 906 is a selectable transaction icon so that the user may quickly enter a transaction to purchase or otherwise obtain a license to access the associated content item (i.e., to rent the selected movie) from the movie’s “focused page” 900); and
control the display to display a thumbnail image and a rental status of the selected rental content (See Sherr, at least FIG. 10 and associated text, item 1008; para. [0096], order page presents user with a virtual video box 1008 associated with the selected content item; para. [0065], virtual video box is a representation of packages or boxes of the physical box used to package the specific content item; (See Sherr, at least FIG. 10 and associated text, item 1002; para. [0096], order page presents a list of license access levels that indicate rental period (i.e., 24 hours)).
Claim 15: The combination of Sherr and Tedesco discloses all the limitations of claim 8 discussed above.
Sherr does not expressly disclose control playback of rental content and determine whether a valid license exists; and specify and use a license with an earliest valid time limit if multiple valid licenses are present.
However, Tedesco discloses:
control playback of rental content and determine whether a valid license exists (See Tedesco, at least para. [0022], individual DRM rules or limited use licenses may be attached to each of the media objects; DRM rules may be any rule or set of rules that limits the use of protected works to allow content owners to determine and control who and how users can view, use, and share digital media objects; DRM rule may limit the number of times an object may be played within a specific time period; promo cut may be played at any time wherein the content may be restricted to a limited use license; para. [0023], user may be allowed to browse through library of another user and request to download one or more items from that user’s library; user may receive a full version, a 3-day, 3-play version, or promo cut of the requested item, depending on the license status of the requested item; para. [0033], when license is valid,, access is granted and may include playing the content); and
specify and use a license with an earliest valid time limit if multiple valid licenses are present (See Tedesco, at least FIG. 7c and associated text, item 750, items are sorted from shortest time to expiration (4 hours) until longest (3 days); para. [0059], inbox objects 740 may be sorted by a time until expiration 750).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include in the movie rental system and method of Sherr the ability of control playback of rental content and determine whether a valid license exists; and specify and use a license with an earliest valid time limit if multiple valid licenses are present as disclosed by Tedesco since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to sort and prioritize the media files according to accessibility period so the user can play those files that are about to expire first. (See Tedesco, at least para. [0063]).
Claim 16: The combination of Sherr and Tedesco discloses all the limitations of claim 15 discussed above.
Sherr does not expressly disclose wherein if no valid license exists for the rental content, the circuitry is configured to generate a purchase screen prompting a to acquire a valid license licence.
However, Tedesco discloses wherein if no valid license exists for the rental content, the circuitry is configured to generate a purchase screen prompting a to acquire a valid license licence (See Tedesco, at least paras. [0046]-[0047], if license is expired, error message is sent to the user and may include an offer to the user for purchasing a license).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include in the movie rental system and method of Sherr the ability wherein if no valid license exists for the rental content, the circuitry is configured to generate a purchase screen prompting a to acquire a valid license licence as disclosed by Tedesco since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to sort and prioritize the media files according to accessibility period so the user can play those files that are about to expire first. (See Tedesco, at least para. [0063]).
Claim 17: Sherr discloses:
storing rental content and corresponding license information in a storage device (See Sherr, at least para. [0040], server provides website content and comprises a processor that includes memory);
generating a display screen including one or more icon images representing the rental content and generating rental marks indicating the rental status of the content (See Sherr, at least FIGs. 9-10 and associated text, item 906 is an icon “Click Here to Rent This Movie”; para. [0095], item 906 is a selectable transaction icon so that the user may quickly enter a transaction to purchase or otherwise obtain a license to access the associated content item (i.e., to rent the selected movie) from the movie’s “focused page” 900).
Sherr does not expressly disclose updating the display screen based on changes in rental status derived from the license information.
However, Tedesco discloses updating the display screen based on changes in rental status derived from the license information (See Tedesco, at least FIG. 8b and associated text, bottom 4 titles still have 1-3 days remaining before they expire; Expired content is a different color/font than the non-expired content; first title shows time has already expired; para. [0062], inbox object status 765 may change according to the license or DRM rule associated with the object).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include in the movie rental system and method of Sherr the ability of updating the display screen based on changes in rental status derived from the license information as disclosed by Tedesco since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to sort and prioritize the media files according to accessibility period so the user can play those files that are about to expire first. (See Tedesco, at least para. [0063]).
Claim 18: The combination of Sherr and Tedesco discloses all the limitations of claim 17 discussed above.
Sherr further discloses displaying rental marks on folder images representing folders containing rental content folders (See Scherr, at least FIG. 2 and associated text; para. [0069], home page may include selectable icons such as Featured Movies, Coming Soon, or Top 5 Rentals; these correspond to folders; in response to user selecting Featured Movies icon, images 208 representing the featured movies are displayed; para. [0071], right-clicking on the icon 208 will allow the user to order the movie).
Claim 19: The combination of Sherr and Tedesco discloses all the limitations of claim 17 discussed above.
Sherr further discloses displaying rental marks on folder images representing folders containing rental content and on sub-folder images in a hierarchical folder structure folders (See Scherr, at least FIG. 2 and associated text; para. [0069], home page may include selectable icons such as Featured Movies, Coming Soon, or Top 5 Rentals; these correspond to folders; in response to user selecting Featured Movies icon, images 208 representing the featured movies are displayed; para. [0071], right-clicking on the icon 208 will allow the user to order the movie).
Claim 20: The combination of Sherr and Tedesco discloses all the limitations of claim 17 discussed above.
Sherr further discloses displaying time information related to a rental period of the rental content (See Sherr, at least FIG. 10 and associated text, item 1002; para. [0096], order page presents a list of license access levels that indicate rental period (i.e., 24 hours)).
Claim 21: The combination of Sherr and Tedesco discloses all the limitations of claim 17 discussed above.
Sherr further discloses wherein the rental content is stored in folders, and the method comprises displaying folder images representing the folders (See Scherr, at least FIG. 2 and associated text; para. [0069], home page may include selectable icons such as Featured Movies, Coming Soon, or Top 5 Rentals; these correspond to folders; in response to user selecting Featured Movies icon, images 208 representing the featured movies are displayed; para. [0071], right-clicking on the icon 208 will allow the user to order the movie).
Claims 3 and 7 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sherr as applied to claim 2 above, and further in view of Tedesco.
Claim 3: Sherr discloses all the limitations of claim 2.
Sherr does not expressly disclose wherein the circuitry is configured to control the display to display a remaining amount of time from a present time to an end time of a period of validity for the rental content near the icon image corresponding to the rental content.
However, Tedesco discloses wherein the circuitry is configured to control the display to display a remaining amount of time from a present time to an end time of a period of validity for the rental content near the icon image corresponding to the rental content (See Tedesco, at least FIG. 8b and associated text, bottom 4 titles still have 1-3 days remaining before they expire; Expired content is a different color/font than the non-expired content; first title shows time has already expired; para. [0059], inbox interface displays a number of media objects, each including a time until expiration; para. [0062], inbox object status 765 may change according to the license or DRM rule associated with the object).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include in the movie rental system and method of Sherr the ability wherein the circuitry is configured to control the display to display a remaining amount of time from a present time to an end time of a period of validity for the rental content near the icon image corresponding to the rental content as disclosed by Tedesco the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to sort and prioritize the media files according to accessibility period so the user can play those files that are about to expire first. (See Tedesco, at least para. [0063]).
Claim 7: Sherr discloses all the limitations of claim 2.
Sherr does not expressly disclose wherein the circuitry is configured to control the display to display a time indicator near the icon image showing a remaining time of a valid rental period for the rental content.
However, Tedesco discloses wherein the circuitry is configured to control the display to display a time indicator near the icon image showing a remaining time of a valid rental period for the rental content (See Tedesco, at least FIG. 8b and associated text, bottom 4 titles still have 1-3 days remaining before they expire; Expired content is a different color/font than the non-expired content; first title shows time has already expired; para. [0059], inbox interface displays a number of media objects, each including a time until expiration; para. [0062], inbox object status 765 may change according to the license or DRM rule associated with the object).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include in the movie rental system and method of Sherr the ability wherein the circuitry is configured to control the display to display a time indicator near the icon image showing a remaining time of a valid rental period for the rental content as disclosed by Tedesco since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to sort and prioritize the media files according to accessibility period so the user can play those files that are about to expire first. (See Tedesco, at least para. [0063]).
Claim 14 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sherr in view of Tedesco as applied to claim 13 above, and further in view of US 2008/0114729 A1 to Raman et al. (hereinafter “Raman”).
The combination of Sherr and Tedesco discloses all the limitations of claim 13 discussed above.
Neither Sherr nor Tedesco expressly discloses wherein the detailed information screen includes information corresponding to licenses held by other users sharing the apparatus.
However, Raman discloses a “computer-implemented method and system for realizing an interactive, virtual bookshelf representing physical books and digitally stored books of the user. Using a search query, the Web is searched using search metadata to identify a desired book. Library metadata corresponding to the physical books and digitally stored books of the user is then searched using the search metadata to determine whether the desired book is present in the virtual on-line bookshelf. Results indicative of whether the desired book is present on the virtual on-line bookshelf can be displayed.” (See Raman, at least Abstract). Raman further discloses that the bookshelf can include digital books “that can be accessed by a user on-line over the Internet either for no charge or based on a subscription model or for the fixed fee.” (See Raman, at least para. [0006]). Raman further discloses wherein the detailed information screen includes information corresponding to licenses held by other users sharing the apparatus (See Raman, at least FIG. 5 and associated text; para. [0035], the search for a book can be expanded to shared virtual bookshelves, such as the virtual bookshelf of a department library 520 or the bookshelf of a friend or colleague 522 that has allowed for such access to the user).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include in the movie rental system and method of Sherr and the licensing system and method of Tedesco the ability wherein the detailed information screen includes information corresponding to licenses held by other users sharing the apparatus as disclosed by Raman since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to expand the search for an item so that the user can “better borrow, buy or trade for the desired book.” (See Raman, at least para. [0035]).
Claims 11-12 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Sherr in view of Tedesco as applied to claim 8 above, and further in view of US 2007/0174888 A1 to Rubinstein (hereinafter “Rubinstein”).
Claim 11: The combination of Sherr and Tedesco discloses all the limitations of claim 8 discussed above.
Sherr does not expressly disclose validate the license information of the rental content and determine a validity period of the rental content based on the license information; and control the display to display time information associated with the rental content, including a start time, an end time, and a remaining time of the validity period.
However, Tedesco discloses validate the license information of the rental content and determine a validity period of the rental content based on the license information (See Tedesco, at least para. [0022], individual DRM rules or limited use licenses may be attached to each of the media objects; DRM rules may be any rule or set of rules that limits the use of protected works to allow content owners to determine and control who and how users can view, use, and share digital media objects; DRM rule may limit the number of times an object may be played within a specific time period; promo cut may be played at any time wherein the content may be restricted to a limited use license; para. [0023], user may be allowed to browse through library of another user and request to download one or more items from that user’s library; user may receive a full version, a 3-day, 3-play version, or promo cut of the requested item, depending on the license status of the requested item); and control the display to display time information associated with the rental content, including… a remaining time of the validity period (See Tedesco, at least FIG. 7c and associated text, item 750 displays time to expiration for each item).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include in the movie rental system and method of Sherr the ability of validate the license information of the rental content and determine a validity period of the rental content based on the license information; and control the display to display time information associated with the rental content, including… a remaining time of the validity period as disclosed by Tedesco since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to sort and prioritize the media files according to accessibility period so the user can play those files that are about to expire first. (See Tedesco, at least para. [0063]).
Neither Sherr nor Tedesco expressly discloses control the display to display time information associated with the rental content, including a start time, an end time….
However, Rubinstein discloses an “electronic delivery system” in which “digital media items (e.g., videos, music, video games, ebooks, etc.) are stored in an ordered list (e.g., queue) at a provider system. The provider system automatically delivers digital media items to a user system (e.g., via a network connection). The user is permitted to check out (e.g., view, play, read, etc.) a maximum allowed number of items at the user system. If the user checks in an item, or an item expires or is removed from the queue, then the user is permitted to check out (or renew) digital media items in the queue until the maximum allowed number of digital media items are checked out.” (See Rubinstein, at least Abstract). Rubinstein further discloses control the display to display time information associated with the rental content, including a start time, an end time…(See Rubinstein, at least FIG. 4 and associated text, for each title, the display shows e-delivery date (i.e., start time), and expires date (i.e., an end time).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include in the movie rental system and method of Sherr and the licensing system and method of Tedesco the ability of control the display to display time information associated with the rental content, including a start time, an end time… as disclosed by Rubinstein since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to “manage a personal queue of digital media items.” (See Rubinstein, at least para. [0048]).
Claim 12: The combination of Sherr and Tedesco and Rubinstein discloses all the limitations of claim 11 discussed above.
Sherr does not expressly disclose wherein the circuitry is configured to control the display to change a display format of the remaining time when an amount of time left is less than a predetermined threshold.
However, Tedesco discloses wherein the circuitry is configured to control the display to change a display format of the remaining time when an amount of time left is less than a predetermined threshold (See Tedesco, at least FIG. 8b and associated text, bottom 4 titles still have 1-3 days remaining before they expire; Expired content is a different color/font than the non-expired content; first title shows time has already expired; para. [0062], inbox object status 765 may change according to the license or DRM rule associated with the object).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to include in the system and method of Sherr-Tedesco-Rubinstein the ability wherein the circuitry is configured to control the display to change a display format of the remaining time when an amount of time left is less than a predetermined threshold as further disclosed by Tedesco since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable. One of ordinary skill in the art would have been motivated to do so in order to allow the user to sort and prioritize the media files according to accessibility period so the user can play those files that are about to expire first. (See Tedesco, at least para. [0063]).
Conclusion
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/Anne M Georgalas/
Primary Examiner, Art Unit 3689