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 .
Claim Rejections - 35 USC § 103
1. 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.
2. Claim(s) 1, 2, 6-10, 14-17, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S. Pub. No. 2014/0331289 A1, hereinafter "Li") in view of Baron et al. (U.S. Pub. No. 2008/0229215 A1, hereinafter "Baron").
Regarding Claim 1, Li teaches at least one non-transitory computer-readable medium comprising program instructions that are executable by at least one processor [Para. [0089] such that a first user device [first user device 10, Fig. 1]) is configured to:
receive, via an application on the first user device associated with a first user account of a cloud service, input data representing a command to enabling playback sharing (plug-in installed on browser of user terminal for video sharing is used to receive a sharing command sent by the user, Fig. 3, Para. [0027]; executed by the server, Fig. 3, Para. [0026]; see also Para. [0033]);
according to the command to enable playback sharing, enable a playback sharing session, wherein the playback sharing session includes the first user account and additional user accounts of the cloud service (playback sharing is enabled by the server according to the video sharing request, generates the video playing page for shared video playing, which includes a video player. The server may push a video stream of the video to be shared to the video player, to play it for the user who watches the video in a shared manner. The page further includes a list of friends which can be invited by the user, so that the user can invite the friends according to the list, Fig. 3, Para. [0035]);
display, in a control interface of the application, (i) media controls selectable to select media items for concurrent playback in the playback sharing session, wherein the media items are streamable from one or more servers of a media streaming service (after the video playing page is generated, the address (i.e. link address) of the page may be returned to the user terminal. After the user terminal receives the link address, the browser on the user terminal may open a new page according to the link address to load a page corresponding to the link address. After the page is opened, it will wait the user to click on it to play the video. At this time, the user can, according to his/her personal demand, select a friend(s) to share the video, Para. [0036]);
receive, via the control interface, input data representing a selection of a particular media item for playback (video information of a video to be shared can be obtained, and a command for creating a video playing page may be transmitted to the server, Para. [0027]);
according to the input data representing the selection of the particular media item for playback, send, via at least one communication interface to at least one server of the media streaming service, an instruction to start concurrent playback of the particular media item on the first user device and additional user devices associated with respective user accounts of the additional user accounts, wherein the additional user devices comprise a second user device associated with the second user account (In sub-step S2013, the identification of the terminal corresponding to the friend invited by the user and the playing progress information of the video to be shared, which are transmitted by the user terminal may be received, Para. [0038]; next in step S202, a video stream of the video to be shared may be obtained according to the video information of the video to be shared and the playing progress information of the video to be shared, Para. [0040]; next, in step S203, the video stream of the video to be shared is transmitted to the user terminal and the terminal corresponding to the friend, so that the respective terminals can watch the same video together simultaneously and synchronously, Para. [0046]).
Li fails to explicitly teach (ii) multiple photos representing respective user accounts, wherein the multiple photos comprise a first photo representing the first user account and a second photo representing a second user account of the additional user accounts;
during concurrent playback of the particular media item, display, in the control interface of the application, (i) the multiple photos and (ii) transport controls selectable to control the concurrent playback, the transport controls comprising a play/pause control.
However, Baron teaches multiple photos representing respective user accounts, wherein the multiple photos comprise a first photo representing the first user account and a second photo representing a second user account of the additional user accounts (viewers list 402 shows multiple photos of first user (i.e. host) and photos of additional users (i.e. guest248 and guest657), Fig. 4, Para. [0045]; every user in the viewers list has a display picture, where the display picture can be a personally uploaded picture, Fig. 12, Para. [0070]);
during concurrent playback of the particular media item, display, in the control interface of the application (Fig. 4 shows a display with a shared synchronous playback area 404), (i) the multiple photos (Fig. 4 shows display with the multiple photos [viewers list 402]) and (ii) transport controls selectable to control the concurrent playback, the transport controls comprising a play/pause control (Fig. 4 shows a display with the play transport control; see also Para. [0045]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control interface (as taught by Li) to include the display of multiple photos representing respective user accounts during concurrent playback of media and the play transport control (as taught by Baron). Doing so allows user to play content in real-time synchronously for all the users and also take actions including play, fast-forward, rewind, skip thereby controlling playback (Baron Para. [0045]).
Regarding Claim 2, Li in view of Baron teach wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor such that the first user device is configured to:
display, in the control interface of the application concurrently with the multiple photos and the transport controls, a numerical indicator representing a numerical count of the additional user accounts in the playback sharing session (Baron, 810 shows number of users 301, Fig. 12, Para. [0068]).
Regarding Claim 6, Li in view of Baron teach wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor such that the first user device is configured to:
during concurrent playback of the particular media item, display, in the control interface of the application concurrently with the multiple photos and the transport controls, a feedback control selectable to provide feedback on the particular media item (Baron, 830 shows the ratings [feedback from viewers] displayed in the viewers list, Fig. 12, Para. [0068]).
Regarding Claim 7, Li in view of Baron teach wherein the cloud service comprise the media streaming service (Li, the system of Fig. 1 comprises a media streaming service, Para. [0035]).
Regarding Claim 8, Li in view of Baron teach wherein the particular media item comprises a playlist of audio tracks (Baron, playlist 406, Fig. 4, Paras. [0045] and [0046]).
Regarding Claim 9, it is similarly rejected as Claim 1. The first user device comprising at least one communication interface and at least one processor is found in Li (Fig. 1, Para. [0018]).
Regarding Claim 10, it is similarly rejected as Claim 2. The first user device comprising at least one communication interface and at least one processor is found in Li (Fig. 1, Para. [0018]).
Regarding Claim 14, it is similarly rejected as Claim 6. The first user device comprising at least one communication interface and at least one processor is found in Li (Fig. 1, Para. [0018]).
Regarding Claim 15, it is similarly rejected as Claim 7. The first user device comprising at least one communication interface and at least one processor is found in Li (Fig. 1, Para. [0018]).
Regarding Claim 16, it is similarly rejected as Claim 1. The system is found in Li (Fig. 1, Para. [0018]).
Regarding Claim 17, it is similarly rejected as Claim 2. The system is found in Li (Fig. 1, Para. [0018]).
Regarding Claim 21, it is similarly rejected as Claim 6. The system is found in Li (Fig. 1, Para. [0018]).
3. Claim(s) 3, 4, 11, 12, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S. Pub. No. 2014/0331289 A1, hereinafter "Li") in view of Baron et al. (U.S. Pub. No. 2008/0229215 A1, hereinafter "Baron"), and further in view of Archibong et al. (U.S. Pub. No. 2013/0268973 A1, hereinafter "Archibong").
Regarding Claim 3, Li in view of Baron fail to explicitly teach wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor such that the first user device is configured to:
modify the multiple photos on the control interface to display a third photo representing a third user account of the additional user accounts.
However, Archibong teaches modify the multiple photos on the control interface to display a third photo representing a third user account of the additional user accounts (social portion 903 may display the profile pictures of user's friends who are currently watching the same show, and may pop up every time a new friend begins watching the same program Figs. 9A, Para. [0080]; profile pictures displayed are modified every time a new friend begins watching to display a third photo of a third user as shown in Fig. 9A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the photos of the control interface (as taught by Li in view of Baron) to include the display of the third photo of a third user account (as taught by Archibong). Doing so provides the ability for enhanced real-time collaboration enhancing social experience of users in the playback sharing session.
Regarding Claim 4, Li in view of Baron, and further in view of Archibong teach wherein the program instructions that are executable by the at least one processor such that the first user device is configured to modify the multiple photos on the control interface comprise program instructions that are executable by the at least one processor such that the first user device is configured to:
display the third photo when user communication within the playback sharing session is received from the third user account (Archibong, third photo is displayed when a third user communicates within the playback sharing session as shown in Fig. 9B; individual messages 911-913 include time of posting as well as a profile picture of third user messaging, Fig. 9B, Para. [0081]).
Regarding Claim 11, it is similarly rejected as Claim 3. The first user device comprising at least one communication interface and at least one processor is found in Li (Fig. 1, Para. [0018]).
Regarding Claim 12, it is similarly rejected as Claim 4. The first user device comprising at least one communication interface and at least one processor is found in Li (Fig. 1, Para. [0018]).
Regarding Claim 18, it is similarly rejected as Claim 3. The system is found in Li (Fig. 1, Para. [0018]).
Regarding Claim 19, it is similarly rejected as Claim 4. The system is found in Li (Fig. 1, Para. [0018]).
4. Claim(s) 5, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (U.S. Pub. No. 2014/0331289 A1, hereinafter "Li") in view of Baron et al. (U.S. Pub. No. 2008/0229215 A1, hereinafter "Baron"), and further in view of Archibong et al. (U.S. Pub. No. 2013/0268973 A1, hereinafter "Archibong").
Regarding Claim 5, Li in view of Baron, and further in view of Archibong fail to explicitly teach wherein the program instructions that are executable by the at least one processor such that the first user device is configured to modify the multiple photos on the control interface comprise program instructions that are executable by the at least one processor such that the first user device is configured to:
display the third photo in place of the second photo representing the second user account of the additional user accounts.
However, Graham teaches news ticker showing profile photo of multiple users wherein the ticker interface displays a limited number of stories with the older stories of user (which include the profile picture of that user) is no longer displayed when a new user story (which includes the profile picture of the user) is displayed, Figs. 3-6, Paras. [0037] and [0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the photos of the control interface (as taught by Li in view of Baron, and further in view of Archibong) to include replacing the second photo of the second user with a third user photo (as taught by Graham). Doing so ensures real-time awareness of users who join the sharing session and also user presence data never overlaps or clips the actual shared media stream.
Regarding Claim 13, it is similarly rejected as Claim 5. The first user device comprising at least one communication interface and at least one processor is found in Li (Fig. 1, Para. [0018]).
Regarding Claim 20, it is similarly rejected as Claim 5. The system is found in Li (Fig. 1, Para. [0018]).
Response to Arguments
5. Applicant’s arguments with respect to claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIMEZIE E BEKEE whose telephone number is (571)272-0202. The examiner can normally be reached M-F 7.30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHIMEZIE EZERIWE BEKEE/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
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