DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to Application filed on August 27, 2024 in which claims 1-20 are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,095,838. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of the present application are being anticipated by claims 1-18 of the US Patent No. 12,095,838.
Application No. 18/816,324
U.S. Patent No. 12,095,838
1.A computing system configured to perform a set of operations comprising:
obtaining meter information indicative of a streaming session detected by a meter, the metering information identifying a television program and a streaming source; classifying, using the television program and the streaming source, the streaming session as not belonging to a cluster associated with the television program, wherein the cluster associated with the television program identifies a respective streaming source that
provides the television program; and
based on classifying the streaming session as not belonging to the cluster associated with the television program, identifying the streaming session as an invalid streaming session.
2. The computing system of claim 1, wherein the cluster is created using training data representing streaming sessions where the television program is provided by the respective streaming source.
3.The computing system of claim 2, wherein the set of operations further
comprises creating the cluster using the training data.
4.The computing system of claim 2, wherein the number of streaming sessions is greater than a minimum number of streaming sessions.
5.The computing system of claim 1, wherein classifying the streaming session as not belonging to the cluster comprises classifying data points representing the streaming session as noise.
6. The computing system of claim 1, wherein classifying the streaming session as not belonging to the cluster comprises determining that a distance between the streaming session and a data point defining the cluster satisfies a threshold condition.
7. The computing system of claim 1, wherein: the metering information identifies a presentation time, and
the classifying is based further on the presentation time.
8. A method comprising: obtaining meter
information indicative of a streaming session detected by a meter, the
metering information identifying a television program and a streaming source; classifying, by a computing system using the television program and the streaming source, the streaming session as not belonging to a cluster associated with the television program, wherein the cluster associated with the television program identifies a respective
streaming source that provides the television program; and based on classifying the streaming session as not belonging to the cluster associated
with the television program, identifying, by the computing system, the streaming session as an invalid streaming session.
9.The method of claim 8, wherein the cluster is created using training data
representing streaming sessions where the television program is provided by the respective streaming source.
10. The method of claim 9, further comprising creating the cluster using the
training data.
11.The method of claim 9, wherein the number of streaming sessions is greater
than a minimum number of streaming sessions.
12.The method of claim 8, wherein classifying the streaming session as not
belonging to the cluster comprises classifying data points representing the streaming session as noise.
13.The method of claim 8, wherein classifying the streaming session as not
belonging to the cluster comprises determining that a distance between the streaming session and a data point defining the cluster satisfies a threshold condition.
14.The method of claim 8, wherein:
the metering information identifies a presentation time, and the classifying is based further on the presentation time.
15.A non-transitory computer-readable medium having stored therein instructions
that, when executed by a computing system, cause the computing system to perform a set of operations comprising:
obtaining meter information indicative of a streaming session detected by a meter, the metering information identifying a television program and a streaming source; classifying, using the television program and the streaming source, the streaming session as not belonging to a cluster associated with the television program, wherein the cluster associated with the television program identifies a respective streaming source that
provides the television program; and based on classifying the streaming session as not belonging to the cluster associated with the television program, identifying the streaming session as an invalid streaming session.
16.The non-transitory computer-readable medium of claim 15, wherein the cluster is created using training data representing streaming sessions where the television program is provided by the respective streaming source.
17.The non-transitory computer-readable medium of claim 16, wherein the set of
operations further comprises creating the cluster using the training data.
18.The non-transitory computer-readable medium of claim 16, wherein the
number of streaming sessions is greater than a minimum number of streaming sessions.
19.The non-transitory computer-readable medium of claim 15, wherein
classifying the streaming session as not belonging to the cluster comprises classifying data points representing the streaming session as noise.
20.The non-transitory computer-readable medium of claim 15, wherein classifying the streaming session as not belonging to the cluster comprises determining that a
distance between the streaming session and a data point defining the cluster satisfies a threshold condition.
1. A computing system comprising a processor and a memory, the computing system configured to perform a set of acts comprising: accessing training data comprising, for each of a plurality of reference television programs, respective reference media information for the reference television program and a respective reference streaming source for the reference television program, wherein the respective reference media information characterizes the reference television program, and wherein the respective reference streaming source identifies a streaming source that provides the reference television program to media devices; creating, using the training data, a cluster of streaming sessions, the cluster representing streaming sessions where the same television program is provided by a given streaming source; obtaining meter information indicative of a streaming session detected by a meter, the meter information identifying a detected television program and a detected streaming source; classifying, using the detected television program and the detected streaming source, the streaming session as belonging to the cluster or as being outside the cluster; and based on classifying the streaming session as being outside the cluster, identifying the streaming session as an invalid streaming session.
2. The computing system of claim 1, wherein the cluster has a minimum number of streaming sessions.
3. The computing system of claim 1, wherein a distance exists between a first streaming session and a second streaming session, the distance determined by at least a title, a name of the streaming sources, and a date and time of presentation for both the first streaming session and second streaming session.
4. The computing system of claim 3, wherein the distance between an un-assigned streaming session and streaming session in the cluster must be below an epsilon threshold for the un-assigned streaming session to be added to the cluster.
5. The computing system of claim 1, wherein the set of acts further comprises re-assigning a streaming session labeled as noise to a new cluster.
6. The computing system of claim 1, wherein the set of acts further comprises: classifying another streaming session as belonging to the cluster; and based on classifying the streaming session as belonging to the cluster, identifying the other streaming session as a valid streaming session.
7. A non-transitory machine-readable medium comprising instructions that, when executed, cause a computing system to perform a set of acts comprising: accessing training data comprising, for each of a plurality of reference television programs, respective reference media information for the reference television program and a respective reference streaming source for the reference television program, wherein the respective reference media information characterizes the reference television program, and wherein the respective reference streaming source identifies a streaming source that provides the reference television program to media devices; creating, using the training data, a cluster of streaming sessions, the cluster representing streaming sessions where the same television program is provided by a given streaming source; obtaining meter information indicative of a streaming session detected by a meter, the meter information identifying a detected television program and a detected streaming source; classifying, using the detected television program and the detected streaming source, the streaming session as belonging to the cluster or as being outside the cluster; and based on classifying the streaming session as being outside the cluster, identifying the streaming session as an invalid streaming session.
8. The non-transitory machine-readable medium of claim 7, wherein the cluster has a minimum number of streaming sessions.
9. The non-transitory machine-readable medium of claim 7, wherein a distance exists between a first streaming session and a second streaming session, the distance determined by at least the title, name of streaming sources, and date and time of presentation for both streaming sessions.
10. The non-transitory machine-readable medium of claim 9, wherein the distance between an un-assigned streaming session and streaming session in a cluster must be below an epsilon threshold for the un-assigned streaming session to be added to the cluster.
11. The non-transitory machine-readable medium of claim 7, wherein the set of acts further comprises re-assigning a streaming session labeled as noise to a new cluster.
12. The non-transitory machine-readable medium of claim 11, wherein the set of acts further comprises: classifying another streaming session as belonging to the cluster; and based on classifying the streaming session as belonging to the cluster, identifying the other streaming session as a valid streaming session.
13. A method comprising: accessing training data comprising, for each of a plurality of reference television programs, respective reference media information for the reference television program and a respective reference streaming source for the reference television program, wherein the respective reference media information characterizes the reference television program, and wherein the respective reference streaming source identifies a streaming source that provides the reference television program to media devices; creating, using the training data, a cluster of streaming sessions, the cluster representing streaming sessions where the same television program is provided by a given streaming source; obtaining meter information indicative of a streaming session detected by a meter, the meter information identifying a detected television program and a detected streaming source; classifying, using the detected television program and the detected streaming source, the streaming session as belonging to the cluster or as being outside the cluster; and based on classifying the streaming session as being outside the cluster, identifying the streaming session as an invalid streaming session.
14. The method of claim 13, wherein the cluster has a minimum number of streaming sessions.
15. The method of claim 13, wherein a distance exists between a first streaming session and a second streaming session, the distance determined by at least the title, name of streaming sources, and date and time of presentation for both streaming sessions.
16. The method of claim 15, wherein the distance between an un-assigned streaming session and streaming session in the cluster must be below a threshold epsilon for the un-assigned streaming session to be added to the cluster.
17. The method of claim 13, further including re-assigning a streaming session labeled as noise to a new cluster.
18. The method of claim 17, further including: classifying another streaming session as belonging to the cluster; and based on classifying the streaming session as belonging to the cluster, identifying the other streaming session as a valid streaming session.
Allowable Subject Matter
Claims 1-18 would be allowable upon a timely filing of a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d).
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record failed to show “obtaining meter information indicative of a streaming session detected by a meter, the metering information identifying a television program and a streaming source; classifying, using the television program and the streaming source, the streaming session as not belonging to a cluster associated with the television program, wherein the cluster associated with the television program identifies a respective streaming source that provides the television program; and
based on classifying the streaming session as not belonging to the cluster associated with the television program, identifying the streaming session as an invalid streaming session.” These claimed features in conjunction with all the other claimed limitations would render claims 1-20 allowable upon a timely filing of a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANTZ COBY whose telephone number is (571)272-4017. The examiner can normally be reached Monday-Thursday 7AM-5:30PM.
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/FRANTZ COBY/Primary Examiner, Art Unit 2459
June 9, 2026
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