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 .
Response to Amendment
This office action is in response to communications filed 7/7/2026. Claims 1-20 and 34 are cancelled. Claims 26 and 37 are amended. Claims 21-33 and 35-40 are pending in this action.
Response to Arguments
Applicant’s arguments with respect to the rejection of claims 21-33 and 35-40 are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Abreu (see below).
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 claims at issue 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 reference 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 21, 31 and 39 are rejected on the ground of nonstatutory double patenting as being unpatentable over at least claim 20 of US Patent 11,038,932, and over at least claim 9 of US Patent 11,736,534. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the claims of the instant application are anticipated in every aspect by the patented claims except for the limitation of “wherein the shared media session comprises a time period during which the client device is (a) communicatively connected to a recording device and (b) has access to a disparate live media output stream”, which would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention in view of the Goyal reference (of record) for the advantage of providing a more accurate recorded stream. The analysis is as follows:
Instant Application
18/819563
US Patent
11,736,534
US Patent
11,038,932
21. A computing system comprising memory and one or more processors communicatively coupled to the memory, the one or more processors configured to:
receive, originating from a client device, session audio data during a shared media session for a
disparate live media output stream, wherein the shared media session comprises a time period during which the client device is (a) communicatively connected to a recording device and (b) has access to a disparate live media output stream;
store a persistent record of the session audio data in association with the disparate live media output stream; and
synchronize the session audio data with the disparate live media output stream to generate a new disparate live media output stream.
1. A system, comprising:
memory for storing instructions; and a processor configured to execute the instructions, and based on the executed instructions, the processor is further configured to:
generate a persistent record of event data and media
corresponding to a shared
media session and previous
shared media sessions until the
shared media session is terminated
by at least one of a first client
device or by abandonment of a distributed communication network by the first client device and by second client devices; and
generate a new disparate live media output stream with multiple distinct channels based on an augmentation of an existing disparate live media output stream in the shared media session,
wherein the persistent record
of the event data and media is synchronized with a playback of the existing disparate live media
output stream in the shared
media session as the new
disparate live media output stream with the multiple distinct channels.
2. The system according to claim 1, wherein the processor is further configured to: establish the shared media session that includes the existing disparate live media output stream scheduled by the first client device to start at a defined timestamp, wherein the shared media session is one of a single-participant shared media session or a multi-participant shared media session, wherein the existing disparate live media output stream is played back on one of the first client device or a plurality of client devices that comprises the first client device and the second client devices, wherein the plurality of client devices join the shared media session through the distributed communication network, wherein the event data includes a first user interaction with the existing disparate live media output stream that pauses video for the plurality of client devices, plays rewinds, fast-forward or seek media for the plurality of client devices, or a second user interaction with another user, wherein the event data further includes a first broadcast notification of network state of the plurality of client devices that is one of connected, disconnected or sending data, or a second broadcast notification of application state of the plurality of client devices that is one of a muted audio, an invoked interactive element, a completion of the invoked interactive element, a change in user application configuration, an update in a playback state of the existing disparate live media output stream, a change in the playback state of the existing disparate live media output stream, addition of new client devices or removal of existing client devices, and wherein the event data further includes a combination of real time and media playhead time to maintain event sequence; synchronize the event data and media among the plurality of client devices in the shared media session through the distributed communication network based on a criteria, wherein the criteria is defined based on a level of synchronization accuracy corresponding to type of media content in the existing disparate live media output stream, view of same position in the existing disparate live media output stream by each client device concurrently, a combination of streaming protocols and control flow protocols utilized for synchronization, usage of a synchronizing client device of the plurality of client devices to send playhead time relative to a calculated offset of time of another client device, application of constraints on a live window during the playback of the existing disparate live media output stream and size of media segments in the existing disparate live media output stream such that a variability of different playback positions is limited to an accepted value, or a combination thereof; and coordinate a recording of the shared media session with start of the shared media session or according to number of the plurality of client devices in the distributed communication network.
9. The system according to claim 2, wherein a schedule of the shared media session within the system indicates a start of the existing disparate live media output stream at the defined timestamp and a defined date, wherein the defined timestamp and the defined date correspond to at least one of a live event streamed in the existing disparate live media output stream or pre-encoded media assets streamed in the existing disparate live media output stream, wherein the second client devices join or do not join the shared media session based on coordination with the defined timestamp and the defined date in the schedule, and wherein the persistent record comprises a persistent audio data exchanged between the plurality of client devices on the distributed communication network, a persistent video data exchanged between the plurality of client devices on the distributed communication network, a persistent event data exchanged between the plurality of client devices on the distributed communication network, and/or time of the event data, audio data, and/or video data based on real time or time of the existing disparate live media output stream.
1. A system, comprising:
one or more processors configured to:
establish a shared media session that includes a disparate live media output stream scheduled by a first client device to start at a defined timestamp, wherein the disparate live media output stream is played back on one of the first client device or a plurality of client devices that comprises the first client device and one or more second client devices, and wherein the plurality of client devices join the shared media session through a distributed communication network;
synchronize event data and media among the plurality of client devices in the shared media session through the distributed communication network based on one or more criteria;
receive the event data and media corresponding to the shared media session and previous shared media sessions from a recording client device communicably coupled to the distributed communication network;
generate a persistent record of the event data and media corresponding to the shared media session and the previous shared media sessions until the shared media session is terminated by at least one of the first client device or by abandonment of the distributed communication network by the first client device and by the one or more second client devices; and
generate a new disparate live media output stream with multiple distinct channels
based on augmentation of an interaction from a user on one or more actions in the shared media session, wherein the persistent record of the event data and media is synchronized with the playback of the disparate live media output stream in the shared media session as the new disparate live media output stream with multiple distinct channels.
20. The system according to claim 1, wherein the persistent record comprises a persistent audio data exchanged between the plurality of client devices on the distributed communication network, a persistent video data exchanged between the plurality of client devices on the distributed communication network, a persistent event data exchanged between the plurality of client devices on the distributed communication network, and/or time of the event data, audio data, and/or video data in accordance with real time or time of the disparate live media output stream.
The analysis for the other rejected claims not specifically presented above is similar.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21-27 and 29-40 are rejected under 35 U.S.C. 103 as being unpatentable over Upton (of record) in view of Goyal (of record) and Abreu (US20230014831, hereinafter Abreu).
Regarding claims 21, 27, 31, and 38-40, Upton discloses a computing system comprising memory and one or more processors communicatively coupled to the memory, the one or more processors configured to:
receive, originating from a client device, session data during a shared media session for a disparate live media output stream (see Upton, at least at [0024]-[0026], [0072]-[0074], [0085]-[0090], [0099]-[0100], [0104], [0109], and other related text); and
store a persistent record of the session audio data in association with the disparate live media output stream (see Upton, at least at [0089], and other related text).
Upton does not specifically disclose wherein the shared media session comprises a time period during which the client device is (a) communicatively connected to a recording device and (b) has access to a disparate live media output stream; or the processors configured to synchronize the audio data with the disparate live media output stream to generate a synchronized disparate live media output stream.
In an analogous art relating to a system for managing communication sessions, Goyal discloses wherein the shared media session comprises a time period during which the client device is (a) communicatively connected to a recording device and (b) has access to a disparate live media output stream (see Goyal, at least at [0055]-[0057], [0069]-[0070], [0075]-[0077], and other related text).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of Upton to include the limitations as taught by Goyal for the advantage of providing a more robust manner in managing communications for efficient processing and options provision, and for providing more robust content to users.
Upton in view of Goyal does not specifically disclose the processors configured to synchronize the audio data with the disparate live media output stream to generate a synchronized disparate live media output stream.
In an analogous art relating to a system for provision content, Abreu discloses receiving, originating from a client device, session data during a shared media session for a disparate live media output stream (see Abreu, at least at col 2, lines 26-35, col 5, lines 5-18, col 6, lines 1-35, col 8, line 52 – col 9, line 10, and other related text),
wherein the shared media session comprises a time period during which the client device is communicatively connected to a recording device and has access to a disparate live media output stream (see Abreu, at least at col 4, line 56 – col 5, line 18, col 6, lines 1-35, col 8, line 52 – col 9, line 10, and other related text); and
synchronizing audio data with the disparate live media output stream to generate a synchronized disparate live media output stream (see Abreu, at least at col 5, lines 5-18, col 6, lines 1-35, col 8, line 52 – col 9, line 10, and other related text).
It would have been obvious to a person having ordinary skill in the art before the effective date of the invention to modify the system of Upton in view of Goyal to include the limitations as taught by Abreu for the advantage of providing more diverse content to users.
Regarding claims 22 and 32, Upton in view of Goyal and Abreu discloses wherein the client device is communicatively connected to the recording device through a peer-to-peer communication network (see Abreu, at least at col 7, lines 26-35, Fig. 5, and other related text).
Regarding claims 23, and 33-34, Upton in view of Goyal and Abreu discloses wherein the shared media session is accessible to a plurality of client devices through shared universal resource locator (see Upton, at least [0098], and other related text).
Regarding claims 24 and 35, Upton in view of Goyal and Abreu discloses wherein the session audio data is received with a playhead time identifying a playback position of the disparate live media output stream at the client device, and the session audio data is synchronized with the disparate live media output stream based on the playhead time (see Abreu, at least at col 5, lines 19-25, col 6, lines 1-18, and other related text).
Regarding claims 25 and 36, Upton in view of Goyal and Abreu discloses wherein the new disparate live media output stream comprises a first audio channel that comprises stream audio data from the disparate live media output stream and a second audio channel that comprises the stream audio data from the disparate live media output stream multiplexed with the session audio data. (see Goyal, at least at [0055]-[0057], [0069]-[0070], [0075]-[0077], and related text)
Regarding claims 26 and 37, Upton in view of Goyal and Abreu discloses wherein the session audio data comprises a user commentary associated with the disparate live media output stream (see Goyal, at least at [0070], and other related text, and see Abreu, at least at col 2, lines 26-35, col 5, lines 5-18, col 6, lines 1-35, col 8, line 52 – col 9, line 10, and other related text ).
Regarding claim 29, Upton in view of Goyal and Abreu discloses wherein the one or more processors are further configured to store the persistent record to an external storage system (see Abreu, at least at col 7, lines 21-26, and other related text).
Regarding claim 30, Upton in view of Goyal and Abreu discloses wherein the session audio data is synchronized with the disparate live media output stream using one or more streaming media and flow control protocols (see Abreu, at least at col 11, lines 19-49, and other related text).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Upton (of record) in view of Goyal (of record) and Abreu (of record), as applied to claim 21 above, and further in view of Vakalapudi (of record).
Regarding claim 28, Upton in view of Goyal and Abreu does not specifically disclose a flag that indicates the shared media session is discoverable by a plurality of client devices.
In an analogous art relating to a system for managing video communications, Vakalapudi discloses a distributed communications network (see Vakalapudi, at least at Fig. 1 and related text) a flag that indicates the shared media session is discoverable by a plurality of client devices (a flag must be included that tells of the intervals to push the information to users, see Vakalapudi, at least at col 10, lines 1-11 and related text, and also, see Vakalapudi, at least at col 11, lines 21-33, col 21, lines 10-57, col 23, lines 35-42 and related text).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to modify the system of Upton in view of Goyal and Abreu to include the limitations as taught by Vakalapudi for the advantage of providing a more robust manner in managing communications for efficient processing and options provision.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENEA DAVIS whose telephone number is (571)272-9524 and whose email address is CHENEA.SMITH@USPTO.GOV. The examiner can normally be reached M-F: 8:00 am - 4:00 pm.
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/CHENEA DAVIS/Primary Examiner, Art Unit 2421
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