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 .
Election/Restrictions
Applicant's election with traverse of Group I (claims 1-6, 14 and 17-19) in the reply filed on 05/59/26 is acknowledged and is persuasive, therefore the restriction is withdrawn. Claims 1-12 and 14-21 are pending and rejected as follows:
Claim Interpretation
MPEP 2111.04 states: “The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met”.
Claims 19 is directed to a method claim. Claim 1 includes a contingent limitation of: “if an allocation of the application resource fails, generating an application launch failure message, and sending the application launch failure message to the central service to reselect a target application.”(emphasis added). Under the BRI, only one condition needs to be met due to the contingent limitations.
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.
Claim 2, 5- 7, 9, 18, is 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.
Claims 2, 5, 7, 9, 18 are depend claims and recite “reselecting a target application in accordance with the application launch failure message”; claim 1 recites “selecting a target application” (emphasis added). It is unclear if “a target application” of these claims are the same or a different target application recited in claim 1, 7. 11 and 17
Claim 6 recites several recitations of “a target type” (emphasis added) in the same claim.
Clarification/correction required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) claims 1, 3-4, 6-8, 14 -21 are rejected under 35 U.S.C. (a)(1) and/or (a)(2) as being anticipated by 20210067844
Claim 1. Binder teaches a file processing method based on a cloud application [Fig. 1-3, abstract, par. 9-26], wherein the method comprises:
receiving, by a central service [Fig. 1, 100], a file processing request from an operating end [Fig. 1-3, step 351 and 354; par. 11-12, 31-32 and 36-37, system 100- cloud base; detect inputs from respective users 120 and 112, i.e. active and non-interactive video player(s)]
reading file and application association data in accordance with the file processing request [information linked to players including user type and requested content], and selecting a target application for a target file [Fig. 2, video segments], wherein the file and application association data is determined in accordance with user operation event data of a target user; [Fig 1-2, par. 3, 11-20, 32 and 36-38, step 351 and 354; the processing capacity of the mobile devices themselves; processing constraint may necessitate a distinct asset creation and rendering pipeline for creating a separate interactive application for use on mobile devices; FIG. 1, video enrichment unit 102 may store user profile database 112 including user profiles 124; information associated with the type of user from user profile to identify user type and video stream segments conforming to personal preferences based on user profile, preference or input; content include TV program, video streams, sporting event, web browser, audio tracks, ]
and generating application processing information in accordance with the target application and the target file [user preferences from profile and segment 103 by content provider 114], sending the application processing information to a corresponding unit service so as to call an application resource of the target application through the unit service to process the target file, generate a video stream of an application processing and feedback the video stream to the operating end. [Fig. 1-3, par. 12, 18, 20 and 40 based on information of the user’s profile, content provider 114 provide video segments to units 101 and 102; inserting, by video enrichment unit 102, rendered video enhancement(s) 138/238 a/238 b into one or more of customizable video segments 234 a-b to produce enriched video stream 140/240 (action 357) and distributing, to one or more of interactive video player(s) 122 a-122 c (action 358).]
Claim 3. Binder teaches the method according to claim 1, further comprising:
determining unit affiliation information in accordance with the file processing request, the unit affiliation information is determined in accordance with a geographical location of a user and/or a file storage location; and selecting the unit service in accordance with the unit affiliation information [par. 33 and 38, user profiles 124a-124c includes user preferences stored in user profile 124a, or the user's age, gender, or location of residence may be used to identify a desirable video enhancement. Non-interactive video player(s) 120 may receive basic enhancements based on their geographical location]
Claim 4. Binder teaches the method according to claim 3, wherein the determining the unit affiliation information in accordance with the file processing request comprises at least one of:
determining the geographical location of the user in accordance with a user parameter, and determining the unit affiliation information in accordance with the geographical location; and determining the storage location of the target file in accordance with a file parameter, and determining the unit affiliation information in accordance with the storage location [par. 33 and 38, user profiles 124a-124c includes user history and preferences stored in user profile 124a, or the user's age, gender, or location of residence may be used to identify a desirable video enhancement. Non-interactive video player(s) 120 may receive basic enhancements based on their geographical location]
Claim 6. Binder teaches the method according to claim 1, further comprising:
acquiring the user operation event data, wherein the user operation event data comprises at least one of:
an application that processes a file of a target type, a frequency at which an application processes a file of a target type, and duration for which an application processes a file of a target type; and updating the file and application association data in accordance with the user operation event data [par. 38, user profile 124a include viewing history and used to identify a video enhancement; viewing history of the user (history, i.e. updating information), user preferences stored in user profile 124 ]
Claim 7. Binder teaches a file processing method based on a cloud application, [Fig. 1-3, abstract, par. 9-26; cloud base system 100] wherein the method comprises:
receiving application processing information sent by a central service [cloud base system 100], wherein the application processing information indicates a target application and a target file, the target application is determined in accordance with a file processing request and file and application association data, the target file is determined in accordance with the file processing request, the file and application association data is determined in accordance with user operation event data of a target user [detect user linked by users player 120-122], and the file processing request is made by an operating end [Fig 1-2, par. 3, 11-20, 32 and 36-38, step 351 and 354; Fig. 1-3, step 351 and 354; par. 11-12, 31-32 and 36-37, system 100- cloud base; detect inputs from respective users 120 and 112, i.e. active and non-interactive video player(s)] FIG. 1, video enrichment unit 102 may store user profile database 112 including user profiles 124; information associated with the type of user from user profile to identify user type and video stream segments conforming to personal preferences based on user profile, preference or input; content include TV program, video streams, sporting event, web browser, audio tracks]
acquiring the target file and allocating an application resource to the target application; [Fig. 1-3, par. 3, 12, 18, 20 and 40 based on information of the user’s profile, obtain video stream 130 and a video enhancement corresponding to one or more customizable video segments in video stream 130]
processing the target file through the target application and generating a video stream of an application processing; and . [Fig. 1-3, par. 12, 18, 20 and 40; inserting, by video enrichment unit 102, rendered video enhancement(s) 138/238 a/238 b into one or more of customizable video segments 234 a-b to produce enriched video stream 140/240 (action 357
feeding back the video stream to display, on the operating end, a processing of the target file by the target application [Fig. 1-3, par. 12, 18, 20 and 40; distributing, to one or more of interactive video player(s) 122 (action 358).]
Claim 8. Binder teaches the method according to claim 7, wherein the processing the target file through the target application and generating the video stream of the application processing comprises:
launching the target application by using the application resource, and opening the target file through the target application [Fig. 1-3, par. 12, 18, 20 and 40; Fig. 1, players 120-122, in operation and upon receiving the distribution of the video stream 130/140 from system 100]; and
rendering and acquiring a video of a process of launching the target application and opening the target file, and generating a corresponding video stream [par. 16 and 31-33, playback of the enhanced video stream by distributed by cloud system 100 and incorporate 3D overlay and other preferences incorporated by the enhancement].
10. The method according to claim 7, further comprising:
receiving operation information from the operating end, wherein the operation information is generated in accordance with a triggered operation event [Fig. 1-3, abstract, par. 9-26, detects video player(s) 120-122 linked to video enrichment unit 102 over communication network 116],
responding to the operation information through the target application; and rendering and acquiring a video of the target application responding to the operation information, and generating and feeding back a corresponding video stream [[Fig. 1-3, par. 12, 18, 20 and 40 based on information of the user’s profile, content provider 114 provide video segments to units 101 and 102; inserting, by video enrichment unit 102, rendered video enhancement(s) 138/238 a/238 b into one or more of customizable video segments 234 a-b to produce enriched video stream 140/240 (action 357) and distributing, to one or more of interactive video player(s) 122 a-122 c (action 358).]
Claim 11. Binder teaches a file processing method based on a cloud application, wherein the method comprises:
in response to an operation on a target file, generating a file processing request; [Fig 1-2, par. 3, 11-20, 32 and 36-38, step 351 and 354; Fig. 1-3, players 120-122 connecting to the system 100 via communication link 118] and the file processing request is made by an operating end [users 120 and 112]
sending the file processing request to a central service so that the central service reads file and application association data in accordance with the file processing request, and selects a target application for the target file; the file and application association data is determined in accordance with user operation event data of a target user, [Fig 1-2, par. 3, 11-20, 32 and 36-38, step 351 and 354; Fig. 1-3, step 351 and 354; par. 11-12, 31-32 and 36-37, system 100- cloud base; detect inputs from respective users 120 and 112, i.e. active and non-interactive video player(s)] FIG. 1, video enrichment unit 102 may store user profile database 112 including user profiles 124; information associated with the type of user from user profile to identify user type and video stream segments conforming to personal preferences based on user profile, preference or input; content include TV program, video streams, sporting event, web browser, audio tracks]
receiving a video stream fed back by a unit service, wherein the unit service calls an application resource of the target application to process the target file and generates the video stream of an application processing; and
rendering and displaying the video stream to display a processing of the target file by the target application.
Claim 12. Binder teaches the method according to claim 11, further comprising:
acquiring a triggered operation event, and generating operation information in accordance with the operation event; Fig. 1-3, par. 3, 12, 18, 20 and 4, upon detect inputs from respective users 120 and 112, i.e. active and non-interactive video player(s) and obtain video stream 130 based on information of the user’s profile]
and sending the operation information to the unit service to respond to the operation information through the target application and generate the video stream [Fig. 1-3, par. 12, 18, 20 and 40 based on information of the user’s profile, content provider 114 provide video segments to units 101 and 102; inserting, by video enrichment unit 102, rendered video enhancement(s) 138/238 a/238 b into one or more of customizable video segments 234 a-b to produce enriched video stream 140/240 (action 357) .
Claim 14. Binder teaches [Fig. 1] one ne or more non-transitory machine-readable media [110] having executable codes stored thereon, wherein when the executable codes are executed by a processor [104], the method according to claim 1 is executed.
Claim 15. Binder teaches [Fig. 1] one ne or more non-transitory machine-readable media [110] having executable codes stored thereon, wherein when the executable codes are executed by a processor [104], the method according to claim 7 is executed.
Claim 16. Binder teaches one or more non-transitory machine-readable media having executable codes stored thereon [Fig.1, 106 and 110], wherein when the executable codes are executed by a processor, the rest of the method is rejected according to claim 11.
Claim 17. Binder teaches an electronic device [Fig. 1], including: a processor [104]; and a memory [106] having executable codes stored thereon [110], when the executable codes are executed by the processor, the method according to claim 1 is executed.
Claim 18. Binder teaches the electronic device according to claim 17; the rest of the claim repeats the limitation of claim 2 and rejected accordingly.
Claim 19. Binder teaches the electronic device according to claim 17, the rest of the claim repeats the limitation of claim 4 and rejected accordingly.
Claim 20. Binder teaches an electronic device, including: a processor; and a memory having executable codes stored thereon [Fig. 1, 104, 106 and 110]; the rest of the claim repeats the limitation of claim 7, and rejected accordingly.
Claim 21. Binder teaches an electronic device, including: a processor; and a memory having executable codes stored thereon [Fig. 1, 104, 106 and 110]; the rest of the claim repeats the limitation of claim 11 and rejected accordingly.
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 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.
Claim 2 is is/are rejected as anticipated or in the alternative rejected under 35 U.S.C. 103 as being unpatentable over Binder
Claim 2. Binder teaches the method according to claim 1, wherein the file processing request comprises:
a file parameter and a user parameter; wherein the reading the file and application association data in accordance with the file processing request, and selecting the target application for the target file [par. 11, 15 , 38-39; FIG. 1, memory 106 of video enrichment unit 102 may store user profile database 112 including user profiles 124] comprises:
reading the file and application association data; determining a file type of the target file in accordance with the file parameter, and determining a set of applications corresponding to the file type; [FIG. 1 information used to identify a video enhancement corresponding to one or more of customizable video segments 234 in video stream 130/230 Identify a desirable video enhancement corresponding to one or more of customizable video segments 234 in video stream 130/230. User input data 126 a may identify a favorite sports team, athlete, movie, TV program, dramatic character, or actor of the user of interactive video player 122 a, to name a few examples. i.e. different types, TV program, movie, sporting event, game, interactive/non-interactive
determining user preference information [i.e. preference /desired] in accordance with the user parameter; and selecting a target application from the set of applications in accordance with the priority information [ par. 11, 38-39; FIG. 1, par. 16, the user to request special imagery conforming to their personal preferences; identify a desirable video enhancement corresponding to one or more of customizable video segments 234 in video stream 130/230. User input data 126 a may identify a favorite sports team, athlete, movie, TV program, dramatic character, or actor of the user of interactive video player 122 a, to name a few examples].
In the alternative, Binder does not use the term “priority information” but describes the information as preference/desired. It would have been obvious to one having ordinary skill in the art to realize that despite the semantics, Binder teaches selecting a target application from the set of applications based on the event and information associated with the event and user’s preferences.
Claim 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Binder in view of Peirsol; US 7143142
Claim 5. Binder teaches the method according to claim 1 but does not explicitly teaches receiving an application launch failure message and reselecting a target application in accordance with the application launch failure message.
Piersol teaches method for a network-based application delivery to deliver a target application to a destination device end based on information of the destination device [Fig. 1 and abstract and Fig. 2A-B]] wherein application launch failure message and reselecting a target application in accordance with the application launch failure message [col. 7, ll. 28-50, the capturing device determines a filename that is a unique on the destination device, 220 and attempts to transfer the file to the destination device, 225. If the transfer fails, the capturing device obtains a new filename and attempts the file transfer again. The capture is complete upon a successful file transfer, 230].
It would have been obvious to one having ordinary skill in the art before the effective filing date to implement the teaching of Piersol to attempt to reattempt/reselect the target file to improve communication problems and provide faster service [Piersol , background, col. 1, l. to col. 2, l. 5]
Claim 9. Binder teaches the method according to claim 7, wherein after a unit service allocates the application resource to the target application. The rest of the claim repeats the limitation of claim 9 and is rejected accordingly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIM HUYNH whose telephone number is (571)272-4147. The examiner can normally be reached M-Th 6:30am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAWEED ABBASZADEH can be reached at (571)270-1640. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIM HUYNH/Primary Patent Examiner, Art Unit 2176
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