Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Status
No claims are amended.
Claims 1-72 are canceled.
Claims 73-88 are newly added.
Claims 73-88 are presented for examination.
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 73, 76, 77, 81, 84 and 85 are rejected on the ground of nonstatutory obviousness-type double patenting over claims 1-3 of Patent No. US 10587835 in view of Leibbrandt et al., US Pub No. US 20060107301. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim same subject matter.
The following subject matter claimed in the instant application is fully disclosed in the patent No. US 10587835 and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Instant Application No. 18/828,831
US Patent 10587835
Claims 73, 76, 77, 81, 84 and 85 maps to
Claims 1-3
Claim 1 of U.S. Patent, US 10587835 claims inventive steps same as of the inventive steps in claims 73 and 81 of instant application. However claim 1 of U.S. Patent, US 10587835 does not claim feature of, “determining a first asset grouping parameter based on a user profile associated with the user device.”
Leibbrandt discloses, determining a first asset grouping parameter based on a user profile associated with the user device (Par. 0080-0081, the video recorder unit may be set up to play back the special content clips in an order dependent on previous viewing of special content clips of the group of special content clips. Thus, the video recorder unit (i.e. user device) monitors the user's viewing habits (i.e. based on user profile) of the special content clips and prioritizes the play back accordingly. Thus, if the viewer frequently views special content clips related to sport events, but frequently skips previews of film and even more frequently previews of game shows, the video recorder unit will first play back all special content clips related to sport events followed by the special content clips related to films and only thereafter any special content clips related to game shows, i.e. determining grouping parameter (i.e. sports, films, game shows) based on user habit or profile that is associated with video recorder or user device).
Therefore, It would have been obvious to a skilled artisan at the time of the invention to modify claim 1 of U.S. Patent, US 10587835 by adding feature of determining a first asset grouping parameter based on a user profile associated with the user device, as taught by Leibbrandt, to the user can be presented with special content clip specifically suited for his personal taste or viewing habit, as disclosed in Leibbrandt, par. 0023.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 74, 75, 82 and 83 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 74 and 82 recite “wherein the user profile includes interactive nodes indicating a user-preference order for each of a plurality of asset grouping parameters”. This feature does not find support in the specification.
Upon review of specification, the examiner is unable to find written description support for the above limitations. Examiner found that specification par. 0071 discloses, the program guide may maintain a viewer profile for a user and may monitor which assets have been viewed prior to the asset being included into a playlist. Par. 0009, discloses, a user interface including one or more interactive parameter selection nodes which permit the user to select parameters that form the basis for clustering assets of a playlist. Therefore, these paragraphs suggests that user interface includes interactive nodes but these paragraphs does not suggest that user profile includes interactive nodes. Therefore, there is no sufficient support for the above claimed features in applicant’s specification.
Claims 78 and 86 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 78 and 86 recite “wherein the grouping of the playlist of media assets is further based on a most-even distribution of the media assets included within the playlist among the clusters.” This feature does not find support in the specification.
Upon review of specification, the examiner is unable to find written description support for the above limitations. Examiner found that specification par. 0091 discloses, the assets being fairly evenly distributed among the 3 clusters. However, this paragraph or any other paragraphs do not disclose most even grouping. This paragraph suggests to even out the distribution of content among plurality of clusters but does not suggest single most even grouping. Therefore, there is no sufficient support for the above claimed features in applicant’s specification.
Claim Rejections - 35 USC § 103
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 negatived by the manner in which the invention was made.
Claims 73, 79-81, 87, and 88 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Leibbrandt et al., US Pub No. US 20060107301 in view of Chasen et al., US 6760721.
Regarding 73, Leibbrandt discloses, a method comprising:
generating a playlist of media assets from a plurality of media assets, wherein the playlist of media assets is arranged in a predetermined order for playing back seamlessly on a user device one media asset after another in the predetermined order (Par. 0010, a group controller for creating a group of special content clips by grouping a plurality of special content clips extracted and stored by the extraction controller; and a play back video generator for playing back the group of the special content clips whereby the user is presented with a continuous sequence (i.e. creating playlist of content clips in form of continuous sequence), Par. 0080-0081, the video recorder unit may be set up to play back the special content clips in an order dependent on previous viewing of special content clips of the group of special content clips. Thus, the video recorder unit monitors the user's viewing habits (i.e. based on user profile) of the special content clips and prioritizes the play back accordingly. Thus, if the viewer frequently views special content clips related to sport events, but frequently skips previews of film and even more frequently previews of game shows, the video recorder unit will first play back all special content clips related to sport events followed by the special content clips related to films and only thereafter any special content clips related to game shows, i.e. determining grouping parameter (i.e. sports, films, game shows) based on user habit or profile);
determining a first asset grouping parameter based on a user profile associated with the user device (Par. 0080-0081, the video recorder unit may be set up to play back the special content clips in an order dependent on previous viewing of special content clips of the group of special content clips. Thus, the video recorder unit (i.e. user device) monitors the user's viewing habits (i.e. based on user profile) of the special content clips and prioritizes the play back accordingly. Thus, if the viewer frequently views special content clips related to sport events, but frequently skips previews of film and even more frequently previews of game shows, the video recorder unit will first play back all special content clips related to sport events followed by the special content clips related to films and only thereafter any special content clips related to game shows, i.e. determining grouping parameter (i.e. sports, films, game shows) based on user habit or profile that is associated with video recorder or user device);
grouping the playlist of media assets into clusters based on the first asset grouping parameter (Par. 0080-0081, the video recorder unit (i.e. user device) monitors the user's viewing habits (i.e. based on user profile) of the special content clips and prioritizes the play back accordingly. Thus, if the viewer frequently views special content clips related to sport events, but frequently skips previews of film and even more frequently previews of game shows, the video recorder unit will first play back all special content clips related to sport events followed by the special content clips related to films and only thereafter any special content clips related to game shows, i.e. grouping the continues sequence based on determined parameters for groping (i.e. sports, films, game shows)).
Leibbrandt does not disclose, causing to be displayed on the user device the clusters of the playlist of media assets.
Chasen discloses, causing to be displayed on the user device the clusters of the playlist of media assets (Col. 5, line 21-23, 30-35, an audio player program display 110 includes two windows, a tree window 120 that includes The Playlists subtree 126 provides ways to group or categorize the audio metadata into custom playlists, (i.e., lists of tracks that the user wants played in a specific order). Users can create custom play lists indicating the order in which the user 40 would like to listen to the audio files. The Playlists subtree 126 includes three playlists, New Playlist, Favorites, and Study Music).
It would have been obvious to a skilled artisan at the time of the invention to modify the system of Leibbrandt by the teachings of causing to be displayed on the user device the clusters of the playlist of media assets, as disclosed by Chasen, to dynamically access the information about content data in the metadata database, and to dynamically present an organized grouping of at least a portion of the information about content data for display to a user, as disclosed in Chasen col. 2 line 3-7.
Regarding claim 79, The method of claim 73,
Leibbrandt further discloses, wherein the media assets of the playlist comprise mixed asset types (Par. 0080-0081, if the viewer frequently views special content clips related to sport events, but frequently skips previews of film and even more frequently previews of game shows, the video recorder unit will first play back all special content clips related to sport events followed by the special content clips related to films and only thereafter any special content clips related to game shows, i.e. media assets in playlist has mixed asset types such as sports, films, game shows).
Regarding claim 80, The method of claim 79,
Leibbrandt further discloses, wherein the mixed asset types includes at least two of: movie, television show, audio, video, and music (Par. 0039, Programs include films, documentaries, news programs, game shows, dramas, comedy shows. Par. 0080-0081, content clips has mixed asset types such as sports, films, game shows).
Regarding claim 81, Leibbrandt in view of Chasen meets the claim limitations as set forth in claim 73.
Regarding claim 87, Leibbrandt meets the claim limitations as set forth in claim 79.
Regarding claim 88, Leibbrandt meets the claim limitations as set forth in claim 80.
Claims 74, 75, 82, and 83 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable Leibbrandt et al., US Pub No. US 20060107301 in view of Chasen et al., US 6,760,721, in further view of Kendall et al. (US 20080281867).
Regarding claim 74, The method of claim 73,
Leibbrandt in view of Chasen does not discloses, wherein the user profile includes interactive nodes indicating a user-preference order for each of a plurality of asset grouping parameters.
Kendall discloses, wherein the user profile includes interactive nodes indicating a user-preference order for each of a plurality of asset grouping parameters (Par. 0038, fig. 6, a screen menu 110 as shown on the display 20 of the player 10 in response to user selection of the All Songs 107 category or grouping. The menu 110 allows the user to select one of the category or grouping 106 of All Songs, Artist, Album, Genre and Year, and may be considered a next portion of a navigation path. Here, the user has selected Artist 109 under All Songs bringing up the right side menu portion of the menu 110. The sub-groupings 112 allow the user to select an Artis).
It would have been obvious to a skilled artisan at the time of the invention to modify the system of Leibbrandt in view of Chasen by the teachings of user profile includes interactive nodes indicating a user-preference order for each of a plurality of asset grouping parameters, as disclosed by Kendall, to allow user to explore the full potential of his or her content collection and allow editing of playlist, as disclosed in Kendall par. 0005.
Regarding claim 75, The method of claim 73,
Leibbrandt in view of Chasen in further view of Kendall further discloses, wherein the interactive nodes further comprise a user- adjustable coarse tuning parameter and a user-adjustable fine tuning parameter for the first asset grouping parameter (Par. 0038, fig. 6, a screen menu 110 as shown on the display 20 of the player 10 in response to user selection of the All Songs 107 category or grouping. The menu 110 allows the user to select one of the category or grouping 106 of All Songs, Artist, Album, Genre and Year, and may be considered a next portion of a navigation path. Here, the user has selected Artist 109 under All Songs bringing up the right side menu portion of the menu 110. The sub-groupings 112 allow the user to select an Artis, i.e. category 106 is coarse tuning parameter such as selecting artist as group and list of artist list 112 is a fine tuning parameter that allows selecting specific artist).
Regarding claim 82, Leibbrandt in view of Chasen in further view of Kendall meets the claim limitations as set forth in claim 74.
Regarding claim 83, Leibbrandt in view of Chasen in further view of Kendall meets the claim limitations as set forth in claim 75.
Claims 76, 77, 84, and 85 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable Leibbrandt et al., US Pub No. US 20060107301 in view of Chasen et al., US 6,760,721, in further view of Guillen et al., US 20040236568.
Regarding claim 76, The method of claim 73,
Leibbrandt in view of Chasen does not disclose,
further comprising:
determining a second asset grouping parameter,
wherein grouping the playlist of media assets into clusters is a based on the first asset grouping parameter and the second asset grouping parameter, and wherein the clusters comprise at least two subclusters.
Guillen discloses, determining a second asset grouping parameter (par. 0055-0056, sorting playlist sorted (i.e. grouping the media) by artist and second sorting level by particular artist, i.e. determining a second sorting or grouping parameter such as by specific artist),
wherein grouping the playlist of media assets into clusters is a based on the first asset grouping parameter and the second asset grouping parameter, and wherein the clusters comprise at least two subclusters (par. 0055-0056, sorting playlist sorted (i.e. grouping the media based on first parameter being artist) by artist and second sorting level by particular artist, i.e. determining a second sorting or grouping parameter such as by specific artist. Par. 0057, playlist 90 indexing information 93B may include a third sorting level of tracks or songs for each album as shown in FIG. 5B for the album Another Record by artist Anna Belle, i.e. further sorting level for each album, i.e. subclusters within the clusters).
It would have been obvious to a skilled artisan at the time of the invention to modify the system of Leibbrandt in view of Chasen by the teachings of determining a second asset grouping parameter, grouping the playlist of media assets into clusters is a based on the first asset grouping parameter and the second asset grouping parameter, and wherein the clusters comprise at least two subclusters, as disclosed by Guillen, to allow user to group the content based on multiple parameters further in to subgroups, as disclosed in Guillen par. 0055-0056.
Regarding claim 77, The method of claim 76,
Leibbrandt in view of Chasen in further view of Guillen further discloses, wherein the first asset grouping parameter is a primary parameter and the second asset grouping parameter is a secondary parameter, wherein the primary parameter is associated with media assets of both subclusters and the secondary parameter is associated with just one of the subclusters (Guillen, par. 0055-0056 artist, for example, applies to plural albums, or subclusters, where each album applies to a single subcluster).
Regarding claim 84, Leibbrandt in view of Chasen in further view of Guillen meets the claim limitations as set forth in claim 76.
Regarding claim 85, Leibbrandt in view of Chasen in further view of Guillen meets the claim limitations as set forth in claim 77.
Claims 78 and 86 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable Leibbrandt et al., US Pub No. US 20060107301 in view of Chasen et al., US 6,760,721, in further view of Obrador, US 7149755.
Regarding claim 78, The method of claim 73,
Leibbrandt in view of Chasen does not disclose, wherein the grouping of the playlist of media assets is further based on a most-even distribution of the media assets included within the playlist among the clusters.
Obrador discloses, wherein the grouping of the playlist of media assets is further based on a most-even distribution of the media assets included within the playlist among the clusters (Col. 6, line 25-28, Media file 66 may correspond to any kind of digital content that is indexed and temporally-ordered (i.e., ordered for playback in a specific time sequence = playlist). Col 10, line 19-37, fig. 13, the media objects in the collection may be organized into a cluster hierarchy for each metadata similarity hierarchy, the media objects are grouped into clusters, each of which preferably contains a fixed number of media objects, media object 128 represents the cluster of media objects 130, 132, 134, 136, and media object 130 represents the cluster of media objects 138, 140, 142, 144, as shown in fig. 13, group of media objects are clustered, each cluster having equal number of media object.
It would have been obvious to a skilled artisan at the time of the invention to modify the system of Leibbrandt in view of Chasen by the teachings of the grouping of the playlist of media assets is further based on a most-even distribution of the media assets included within the playlist among the clusters, as disclosed by Obrador, to keep the media content variety among grouped content at same amount so that it ensures a balanced experience that avoids repetition clusters of genre.
Regarding claim 86, Leibbrandt in view of Chasen in further view of Obrador meets the claim limitations as set forth in claim 78.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKSHAY DOSHI whose telephone number is (571)272-2736. The examiner can normally be reached M-F 9:30 AM to 6:00 PM.
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/A.D./Examiner, Art Unit 2422
/JOHN W MILLER/Supervisory Patent Examiner, Art Unit 2422