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 .
DETAILED ACTION
This Office Action is in response to Application No. 18/867,796 filed 11/20/2024. Claims 1-20 are pending and have been examined.
The information disclosure statements (IDS) submitted on 12/19/2024 and 07/01/2025 were considered by the examiner.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a first jumping module configured to jump” and “a first showing module configured to show” in claim 9.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim limitations “a first jumping module configured to jump” and “a first showing module configured to show” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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 9 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.
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 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.
Claims 1-5, 9-15, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hoffert et al. (US 2015/0113407), herein Hoffert.
Consider claim 1, Hoffert clearly teaches a video processing method, comprising:
in response to a preset pinching operation on a video playing page, jumping from the video playing page to a video list page, (Figs. 5M, 5N: In response to a pinch gesture the interface switches from the media player interface to the media item directory interface, [0075].) wherein the video playing page corresponds to at least one video classification tab; (Figs. 5A, 5B, 5C: Media item C is classified into one of a plurality of sequences of media items, [0070], [0071], [0093].)
each video classification tab has a corresponding video stream; (Fig. 5A: Each sequence 504, 506, 508 includes a plurality of media items, [0070], [0082].)
videos in a first video stream are shown in a form of a single column on the video playing page, and the first video stream corresponds to a first video classification tab of the at least one video classification tab; (Fig. 5E: The user can swipe up or down to switch between media items in a particular sequence, [0072], [0073], [0093].) and
showing videos in a second video stream in a form of two columns on the video list page, wherein the second video stream is different from a video stream corresponding to the at least one video classification tab. (Fig. 5N: In response to the pinching gesture multiple sequences of media items are displayed in the media item directory interface, [0075], [0093].)
Consider claim 2, Hoffert clearly teaches in response to a preset triggering operation on the video list page, jumping from the video list page to the video playing page. (Figs. 5B, 5C: In response to tapping gesture 512 in the media item directory interface the selected content item is displayed in the media player interface, [0071].)
Consider claim 3, Hoffert clearly teaches in response to a preset sliding operation on the video list page, showing, by sliding, the videos shown in the form of two columns on the video list page. (Figs. 5A, 5N, 5O: In response to gestures 510, 524 media items displayed in the media item directory interface are moved, [0070], [0075].)
Consider claim 4, Hoffert clearly teaches in response to a triggering operation for a target video of the videos on the video list page, jumping from the video list page to a second video stream playing page; and playing the target video on the second video stream playing page. (Figs. 5B, 5C, 6: In response to tapping gesture 512, 614 in the media item directory interface the selected content item is displayed in the media player interface, [0071], [0077].)
Consider claim 5, Hoffert clearly teaches in response to a video switching operation on the second video stream playing page, determining a target switching video based on the second video stream; and playing the target switching video on the second video stream playing page. (Fig. 6: In response to a swipe 620 in the media player interface the device displays an adjacent media item, [0078].)
Consider claim 9, Hoffert clearly teaches a video processing apparatus, comprising:
a first jumping module configured to, in response to a preset pinching operation on a video playing page, jump from the video playing page to a video list page, (Figs. 5M, 5N: In response to a pinch gesture the interface switches from the media player interface to the media item directory interface, [0075].) wherein the video playing page corresponds to at least one video classification tab; (Figs. 5A, 5B, 5C: Media item C is classified into one of a plurality of sequences of media items, [0070], [0071], [0093].)
each video classification tab has a corresponding video stream; (Fig. 5A: Each sequence 504, 506, 508 includes a plurality of media items, [0070], [0082].)
videos in a first video stream are shown in a form of a single column on the video playing page, and the first video stream corresponds to a first video classification tab of the at least one video classification tab; (Fig. 5E: The user can swipe up or down to switch between media items in a particular sequence, [0072], [0073], [0093].) and
a first showing module configured to show videos in a second video stream in a form of two columns on the video list page, wherein the second video stream is different from a video stream corresponding to the at least one video classification tab. (Fig. 5N: In response to the pinching gesture multiple sequences of media items are displayed in the media item directory interface, [0075], [0093].)
Consider claim 10, Hoffert clearly teaches a computer-readable storage medium storing instructions, wherein the instructions, when run on a terminal device, cause the terminal device to implement a video processing method according to claim 1. (Fig. 2, [0032]-[0050])
Consider claim 11, Hoffert clearly teaches a video processing device, comprising a memory, a processor, and a computer program stored on the memory and capable of running on the processor, wherein the processor, when executing the computer program, implements a video processing method (Fig. 2, [0032]-[0050]) comprising:
in response to a preset pinching operation on a video playing page, jumping from the video playing page to a video list page, (Figs. 5M, 5N: In response to a pinch gesture the interface switches from the media player interface to the media item directory interface, [0075].) wherein the video playing page corresponds to at least one video classification tab; (Figs. 5A, 5B, 5C: Media item C is classified into one of a plurality of sequences of media items, [0070], [0071], [0093].)
each video classification tab has a corresponding video stream; (Fig. 5A: Each sequence 504, 506, 508 includes a plurality of media items, [0070], [0082].) and
videos in a first video stream corresponding to a first video classification tab of the at least one video classification tab are shown in a form of a single column on the video playing page; (Fig. 5E: The user can swipe up or down to switch between media items in a particular sequence, [0072], [0073], [0093].) and
showing videos in a second video stream in a form of two columns on the video list page, wherein the second video stream is different from a video stream respectively corresponding to the at least one video classification tab. (Fig. 5N: In response to the pinching gesture multiple sequences of media items are displayed in the media item directory interface, [0075], [0093].)
Consider claim 12, Hoffert clearly teaches the video processing method further comprises: in response to a preset triggering operation on the video list page, jumping from the video list page to the video playing page. (Figs. 5B, 5C: In response to tapping gesture 512 in the media item directory interface the selected content item is displayed in the media player interface, [0071].)
Consider claim 13, Hoffert clearly teaches the video processing method further comprises: in response to a preset sliding operation on the video list page, showing, by sliding, the videos shown in the form of two columns on the video list page. (Figs. 5A, 5N, 5O: In response to gestures 510, 524 media items displayed in the media item directory interface are moved, [0070], [0075].)
Consider claim 14, Hoffert clearly teaches the video processing method further comprises: in response to a triggering operation for a target video of the videos on the video list page, jumping from the video list page to a second video stream playing page; and playing the target video on the second video stream playing page. (Figs. 5B, 5C, 6: In response to tapping gesture 512, 614 in the media item directory interface the selected content item is displayed in the media player interface, [0071], [0077].)
Consider claim 15, Hoffert clearly teaches the video processing method further comprises: in response to a video switching operation on the second video stream playing page, determining a target switching video based on the second video stream; and playing the target switching video on the second video stream playing page. (Fig. 6: In response to a swipe 620 in the media player interface the device displays an adjacent media item, [0078].)
Consider claim 19, Hoffert clearly teaches in response to a preset sliding operation on the video list page, showing, by sliding, the videos shown in the form of two columns on the video list page. (Figs. 5A, 5N, 5O: In response to gestures 510, 524 media items displayed in the media item directory interface are moved, [0070], [0075].)
Consider claim 20, Hoffert clearly teaches in response to a preset triggering operation on the video list page, jumping from the video list page to the video playing page. (Figs. 5B, 5C: In response to tapping gesture 512 in the media item directory interface the selected content item is displayed in the media player interface, [0071].)
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 6, 7, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hoffert et al. (US 2015/0113407) in view of Goryachev et al. (US 2018/0232460), herein Goryachev.
Consider claim 6, Hoffert clearly teaches the video list page. (Fig. 5A)
However, Hoffert does not explicitly teach in response to a triggering operation within a search box, jumping from to a video searching page, wherein the video searching page is configured to search for a video according to a search keyword.
In an analogous art, Goryachev, which discloses a system for content distribution, clearly teaches in response to a triggering operation within a search box, jumping from to a video searching page, wherein the video searching page is configured to search for a video according to a search keyword. (Fig. 4B: While viewing videos 420 a user may select a search query suggestion in query field 410 and be presented with search results, [0051], [0052], [0054], [0075].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Hoffert by in response to a triggering operation within a search box, jumping from to a video searching page, wherein the video searching page is configured to search for a video according to a search keyword, as taught by Goryachev, for the benefit of easily searching for content related to currently viewed video content.
Consider claim 7, Hoffert combined with Goryachev clearly teaches a search keyword corresponding a currently playing video on the video playing page is displayed within the search box; (The suggested search queries are based on video 420, [0051], [0052], [0054] Goryachev.) the video processing method further comprises: in response to a triggering operation for a preset search control on the video list page, searching for a video according to the search keyword corresponding the currently playing video on the video playing page. (Fig. 4B: While viewing videos 420 a user may select a search query suggestion in query field 410 and be presented with search results, [0051], [0052], [0054], [0075] Goryachev.)
Consider claim 16, Hoffert combined with Goryachev clearly teaches the video processing method further comprises: in response to a triggering operation within a search box on the video list page, jumping from the video list page to a video searching page, wherein the video searching page is configured to search for a video according to a search keyword. (Fig. 4B: While viewing videos 420 a user may select a search query suggestion in query field 410 and be presented with search results, [0051], [0052], [0054], [0075] Goryachev.)
Consider claim 17, Hoffert combined with Goryachev clearly teaches a search keyword corresponding a currently playing video on the video playing page is displayed within the search box; (The suggested search queries are based on video 420, [0051], [0052], [0054] Goryachev.) the video processing method further comprises: in response to a triggering operation for a preset search control on the video list page, searching for a video according to the search keyword corresponding the currently playing video on the video playing page. (Fig. 4B: While viewing videos 420 a user may select a search query suggestion in query field 410 and be presented with search results, [0051], [0052], [0054], [0075] Goryachev.)
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hoffert et al. (US 2015/0113407) in view of Liang et al. (US 2023/0009756), herein Liang.
Consider claim 8, Hoffert clearly teaches a sequential relationship corresponding to showing positions of the videos in the second video stream on the video list page. (Fig. 5A)
However, Hoffert does not explicitly teach according to a sequential relationship corresponding to showing positions of the videos in the second video stream on the video list page, sequentially playing preview videos of the videos on the video list page, wherein the preview videos are video clips of the videos.
In an analogous art, Liang, which discloses a system for content distribution, clearly teaches according to a sequential relationship corresponding to showing positions of the videos in the second video stream on the video list page, sequentially playing preview videos of the videos on the video list page, wherein the preview videos are video clips of the videos. (Fig. 4: Previews 402-405 are played sequentially, [0063].)
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one with ordinary skill in the art to modify the system of Hoffert by according to a sequential relationship corresponding to showing positions of the videos in the second video stream on the video list page, sequentially playing preview videos of the videos on the video list page, wherein the preview videos are video clips of the videos, as taught by Liang, for the benefit of displaying previews of the video items to assist the user in making a selection.
Consider claim 18, Hoffert combined with Goryachev clearly teaches the video processing method further comprises: according to a sequential relationship corresponding to showing positions of the videos in the second video stream on the video list page, sequentially playing preview videos of the videos on the video list page, wherein the preview videos are video clips of the videos. (Fig. 4: Previews 402-405 are played sequentially, [0063] Liang.)
Conclusion
In the case of amending the claimed invention, applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN R SCHNURR whose telephone number is (571)270-1458. The examiner can normally be reached M-F 6a-4p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at (571)272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN R SCHNURR/ Primary Examiner, Art Unit 2425