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 .
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 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.
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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DP#1: Claims 1 and 11 are rejected on the ground of nonstatutory non-obvious type double patenting over corresponding claims as mapped in table below of U.S. Patent No. 12132962. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim same subject matter.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, mapping of claims as follows:
Instant Application No. 18/886,015
US Patent 12132962
Claims 1, and 11 maps to
Combination of Claims 1, 2 and 3
Additionally, dependent claims 2-10 and 12-20 are obvious in view of prior art (see prior art rejection below for dependent claims).
DP#2: Claims 1 and 11 are rejected on the ground of nonstatutory obviousness-type double patenting over claims 1 and 2 Patent of No. US 10582265 in view of HARBOE et al. (US 20080091721). 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 10582265 and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Instant Application No. 18/886,015
US Patent 10582265
Claims 1, and 11 maps to
Combination of Claims 1 and 2
Combination of claims 1 and 2 of U.S. Patent, US 10582265 claims inventive steps same as of the inventive steps in claims 1 and 11 of instant application. However, combination of claims 1 and 2 of U.S. Patent, US 10582265 does not claim feature of, “receiving, timing information indicating a playback location at which the user interaction occurred,
modifying a playlist associated with the video presentation based on the user interaction and the timing information.”
HARBOE discloses, receiving, timing information indicating a playback location at which the user interaction occurred (par. 0053-0054. Fig. 8 discloses modifying play list based on user selection of branch to reflect the new branch in the play tree. par. 0054-0055 discloses when use selects one of the media to be played in display 820 (i.e. in playlist of media), new branch of play tree as shown in interface display 830, this may only be necessary to decide the options for the song after if and when (i.e. point in time as disclosed in par. 0020, use to make choice by the time the file finishes playing. Par. 0044 also discloses timeout period before that user to make a selection. Hence, user interaction has associated time) user chooses that branch);
modifying a playlist associated with the video presentation based on the user interaction and the timing information (par. 0053-0054. Fig. 8 discloses modifying play list based on user selection of branch to reflect the new branch in the play tree. par. 0054-0055 discloses when use selects one of the media to be played in display 820 (i.e. in playlist of media), new branch of play tree as shown in interface display 830, this may only be necessary to decide the options for the song after if and when (i.e. point in time as disclosed in par. 0020, use to make choice by the time the file finishes playing. Par. 0044 also discloses timeout period before that user to make a selection. Hence, user interaction has associated time) user chooses that branch, i.e. creating modified dynamic playlist starting from the requested point in time before current segment finished playing).
Therefore, It would have been obvious to a skilled artisan at the time of the invention to modify combination of claims 1 and 2 of U.S. Patent, US 10582265 by adding feature of receiving, timing information indicating a playback location at which the user interaction occurred, modifying a playlist associated with the video presentation based on the user interaction and the timing information, as taught by HARBOE, for user customization of play tree and to play user choice of next video segment, as disclosed in HARBOE, par. 0020.
Additionally, dependent claims 2-10 and 12-20 are obvious in view of prior art (see prior art rejection below for dependent claims).
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 of this title, 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 1, 2, 4, 5, 7, 11, 12, 14, 15, and 17 are rejected under U.S.C. 103 as being unpatentable over HARBOE et al. (US 20080091721, from Applicant’s information disclosure statement (IDS) submitted on 9/16/2024), in view of Sankaran at al. (US 20160295277).
Regarding claim 1, HARBOE discloses, a computer-implemented method comprising:
transforming a linear video player executing on a client device into a non-linear video player (par. 0027 and 0041-0042 discloses user media player device 110 represents a general purpose computer, MP3 player etc., par. 0036-0037 discloses play tree generator module generating tree and branch option for selecting next media to support user interactivity, standard video player enhanced for allowing user to select next with traversing of media content = non-linear video playing operation), wherein the linear video player does not natively support features of (i) presenting interactive video content to a user and (ii) receiving user interactions with the interactive video content to cause variations in the interactive video content (par. 0027 discloses user media player device 110 which represents a general purpose computer, MP3 player etc., i.e. general purpose computer contains general purpose linear video player that is not natively support presenting branching video content and receiving user interactions with the branching video content to traverse the different paths within branching video content ), and wherein the non-linear video player supports the features (Par. 0036-0037 tree and branch option for selecting next media to support user interactivity with traversing of media content as disclosed in par. 0041-0042, i.e. enhanced video player allowing user to select next with traversing of media content that is functioning as non-linear video player), and
wherein the transforming comprises receiving, from a server, by the linear video player executing on the client device (Par. 0041-0042, fig. 1 discloses play tree generator module 130 (i.e. component separate from and external to media player device) that generates list of option that provides what media to play next, fig. 2 discloses currently playing media along with four choice of media to play next, interface to select the next content in tree which includes the control button “select” (i.e. controller component)), a controller component configured to operate locally on the client device and communicate with the linear video player through an interface layer (par. 0033 discloses implementing the play tree generation process in response to executing sequences of instructions read into memory 330 (i.e. operating locally on client device) from separate device via communication interface 380 (i.e. therefore over the network from another source or server) to work with local media player providing controlling option to control the selection of content play tree branch. Therefore, a controller component interface to select the next content in tree which includes the control button “select” is separate from local media player interface, provides controller component interface in separate layer over the media player, here “layer” is a logical separation of two different controlling components that are generated by different software modules),
receiving, by the video input interface, a first video segment of the video presentation (Par. 0020, the user of a media player may instruct the player to start playing a particular play tree. The first media file in the tree (the root node) starts playing. While it plays, the player displays its child nodes and allows the user to indicate which one media selection (e.g. song, video, TV show, etc.) to play next, i.e. media player plays first video segment of video);
receiving, by the interface layer, during playback of the first video segment by the linear video player, a user interaction (fig. 9, par. 0053-0054, interface display 830 which is standard interface of video player, par. 0037, 0041 discloses, during the playback of media from play tree and indication of user selecting specific song to play using controller “select down” to cycle through the list of content, therefore a controller component interface to select the next content in play tree which includes the control button “select” is provided by server or remote processing device that is separate from local media player);
receiving, timing information indicating a playback location at which the user interaction occurred (par. 0053-0054. Fig. 8 discloses modifying play list based on user selection of branch to reflect the new branch in the play tree. par. 0054-0055 discloses when use selects one of the media to be played in display 820 (i.e. in playlist of media), new branch of play tree as shown in interface display 830, this may only be necessary to decide the options for the song after if and when (i.e. point in time as disclosed in par. 0020, use to make choice by the time the file finishes playing. Par. 0044 also discloses timeout period before that user to make a selection. Hence, user interaction has associated time) user chooses that branch);
modifying a playlist associated with the video presentation based on the user interaction and the timing information (par. 0053-0054. Fig. 8 discloses modifying play list based on user selection of branch to reflect the new branch in the play tree. par. 0054-0055 discloses when use selects one of the media to be played in display 820 (i.e. in playlist of media), new branch of play tree as shown in interface display 830, this may only be necessary to decide the options for the song after if and when (i.e. point in time as disclosed in par. 0020, use to make choice by the time the file finishes playing. Par. 0044 also discloses timeout period before that user to make a selection. Hence, user interaction has associated time) user chooses that branch, i.e. creating modified dynamic playlist starting from the requested point in time before current segment finished playing); and
receiving, by the video input interface, a second video segment of the video presentation in accordance with the modified playlist (Par. 0054, The user media player device 110 interface display 820 will then change to reflect the new branch in the play tree 810 as illustrated in the user media player device 110 interface display 830).
HARBOE explicitly does not disclose, wherein the interface layer is configured to communicate with the linear video player through an application programming interface (API), and
wherein the linear video player is configured to receive a video presentation from the server via a video input interface that is separate from the API;
receiving, by the interface layer, through the API, the user interaction occurred.
Sankaran discloses, wherein the interface layer is configured to communicate with the linear video player through an application programming interface (API) (Par. 0011, VPAID offers Application Programming Interfaces (“APIs”) to interface video players with the executable ad units. In consequence, VPAID opens a line of communication between an executable ad unit and a video player, making it possible for the two to interact. i.e. interface layer to communicate with video player through API), and
wherein the linear video player is configured to receive a video presentation from the server via a video input interface that is separate from the API (Par. 0019, video player device with run-time SDK integration, set forth by way of example and not limitation, makes a Video Ad Serving Template (VAST) request to the CDN server in order to download a run-time SDK disguised as a VPAID creative. More particularly, in this non-limiting example, a VAST response including a Video Player-Ad Interface Definition (VPAID) wrapper containing a run-time SDK as a VPAID creative is downloaded from the CDN server which then parses the VAST response, loads the VPAID creative, and invokes VPAID APIs of the run-time SDK. Par. 0064, fig. 10 discloses, video player communicating with CDN server over network (i.e. separate from communication with API as shown in fig 10) to receive video creative (i.e. video advertisements for presentation)).
receiving, by the interface layer, through the API, the user interaction occurred (Par. VPAID offers Application Programming Interfaces (“APIs”) to interface video players with the executable ad units. In consequence, VPAID opens a line of communication between an executable ad unit and a video player, making it possible for the two to interact, i.e. executable ad unit providing interface for providing interactive user experience where user interaction is communicated to video player through API).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify HARBOE, using the teaching of wherein the interface layer is configured to communicate with the linear video player through an application programming interface (API), wherein the linear video player is configured to receive a video presentation from the server via a video input interface that is separate from the API, receiving, by the interface layer, through the API, the user interaction occurred, as taught by Sankaran, Application Programming Interfaces (“APIs”) enables exchange of user interaction with interaction layer and video players, as disclosed in Sankaran par. 0011. The rational for this modification would have ben to accommodate receiving interactions such as user interaction and timing of interaction in HARBOE via Sankaran’s teaching of API that enables of user interaction with interaction layer and video players, combination of HARBOE and Sankaran would enable playlist customizations that would provide better viewing experience to the user.
Regarding claim 2, The method of claim 1,
HARBOE in view of Sankaran further discloses, wherein the video presentation includes at least one product video segment (SANKARAN Par. 0043, video advertisement for a product or service).
Regarding claim 4, The method of claim 1,
HARBOE further discloses, further comprising:
determining at least one user characteristic of a user associated with the client device (Par. 0038, the play tree generator module 130 may consider contextual information, such as the particular individuals present (particular individual present = identity of the user is known, identity of user = characteristics of the user) when the media is being played).
Regarding claim 5, The method of claim 4,
HARBOE further discloses, further comprising: further comprising:
selecting the video presentation from a plurality of video presentations based on the at least one user characteristic (Par. 0038, the play tree generator module 130 may consider contextual information, such as the particular individuals present when the media is being player. The details of this technique, as well as the nature of the media files in the media content database 120 determine the profile of the resulting playlist, i.e. selecting specific video files based on who is present when the media is being played).
Regarding claim 7, The method of claim 4,
HARBOE further discloses, further comprising: further comprising:
configuring the playlist associated with the video presentation based on the at least one user characteristic (Par. 0038, the play tree generator module 130 may consider contextual information, such as the particular individuals present when the media is being player. The details of this technique, as well as the nature of the media files in the media content database 120 determine the profile of the resulting playlist, i.e. selecting specific video files to be included in play tree based on who is present when the media is being played).
Regarding claim 11, HARBOE in view of Sankaran meets the claim limitations as set forth in claim 1.
Regarding claims 12, 14, 15, and 17, HARBOE in view of Sankaran meets the claim limitations as set forth in claims 2, 4, 5, and 7 respectively.
Claims 3, 6, 9, 10, 13, 16, 19, and 20 are rejected under U.S.C. 103 as being unpatentable over HARBOE et al. (US 20080091721, from Applicant’s information disclosure statement (IDS) submitted on 9/16/2024), in view of Sankaran at al. (US 20160295277), in further view of Kerns et al. (US 9055348).
Regarding claim 3, the method of claim 2,
HARBOE in view of Sankaran does not disclose, wherein the playlist associated with the video presentation determines when the at least one product video segment is presented during the video presentation.
Kerns discloses, wherein the playlist associated with the video presentation determines when the at least one product video segment is presented during the video presentation (col. 1, line, 52-59, video advertisements are associated with a playlist, watching of the one or more video advertisements by a user is monitored, an order for respective unwatched video advertisements of the play list for viewing by the user is determined based on the monitoring, and a subset of the unwatched video advertisements of the playlist are presented to the user for viewing based on the determined order, col. 6, line 67, col. 7, line 1-11, ranking or ordering respective video ads can account for user context and perspectives of a user, user location, for example to more heavily weighted video ads associated with products in close geographical proximity of the user, determine when to present product video segment here in this case, when user is closer to a location related to product, product video segment of advertisement is presented.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify HARBOE in view of Sankaran, using the teaching of wherein the playlist associated with the video presentation determines when the at least one product video segment is presented during the video presentation, as taught by Kerns, to customize the playlist to target the video segment specific to user context such as determining which product video user may be interested in based on user location, as disclosed in Kerns, col. 6, line 67, col. 7, line 1-11.
Regarding claim 6, the method of claim 4,
HARBOE in view of Sankaran does not disclose, further comprising:
selecting at least one product video segment to be presented during the video presentation based on the at least one user characteristic.
Kerns discloses, further comprising: selecting at least one product video segment to be presented during the video presentation based on the at least one user characteristic (col. 1, line, 52-59, video advertisements are associated with a playlist, watching of the one or more video advertisements by a user is monitored, an order for respective unwatched video advertisements of the play list for viewing by the user is determined based on the monitoring, and a subset of the unwatched video advertisements of the playlist are presented to the user for viewing based on the determined order, col. 6, line 67, col. 7, line 1-11, ranking or ordering respective video ads can account for user context and perspectives of a user, user location, for example to more heavily weighted video ads associated with products in close geographical proximity of the user, i.e. selecting a product video advertisement segment during playlist presentation based on user location (i.e. characteristics)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify HARBOE in view of Sankaran, using the teaching of selecting at least one product video segment to be presented during the video presentation based on the at least one user characteristic, as taught by Kerns, to customize the playlist to target the video segment specific to user context such as determining which product video user may be interested in based on user location, as disclosed in Kerns, col. 6, line 67, col. 7, line 1-11.
Regarding claim 9, the method of claim 4,
HARBOE in view of Sankaran does not disclose, wherein the at least one user characteristic includes a user location, a time zone associated with the user location, weather associated with the user location, an IP address associated with the user, a social network ID associated with the user, previous interactions made by the user, or any combination thereof.
Kerns discloses, wherein the at least one user characteristic includes a user location, a time zone associated with the user location, weather associated with the user location, an IP address associated with the user, a social network ID associated with the user, previous interactions made by the user, or any combination thereof (col. 1, line, 52-59, video advertisements are associated with a playlist, watching of the one or more video advertisements by a user is monitored, an order for respective unwatched video advertisements of the play list for viewing by the user is determined based on the monitoring, and a subset of the unwatched video advertisements of the playlist are presented to the user for viewing based on the determined order, col. 6, line 67, col. 7, line 1-11, ranking or ordering respective video ads can account for user context and perspectives of a user, user location, for example to more heavily weighted video ads associated with products in close geographical proximity of the user, i.e. selecting a product video advertisement segment during playlist presentation based on user characteristics being user location).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify HARBOE in view of Sankaran, using the teaching of wherein the at least one user characteristic includes a user location, a time zone associated with the user location, weather associated with the user location, an IP address associated with the user, a social network ID associated with the user, previous interactions made by the user, or any combination thereof, as taught by Kerns, to customize the playlist to target the video segment specific to user context such as determining which product video user may be interested in based on user location being in proximity of the product, as disclosed in Kerns, col. 6, line 67, col. 7, line 1-11.
Regarding claim 10, the method of claim 4,
HARBOE in view of Sankaran does not disclose, wherein determining the at least one user characteristic of the user comprises accessing a user profile associated with the user
Kerns discloses, The method of claim 4, wherein determining the at least one user characteristic of the user comprises accessing a user profile associated with the user (Col. 4. Line 58-64, col. 5, line 3-4, the presentation component 140 can provide or filter video ads to respective content consumers as a function of inferred or determined user preferences, ser preferences stored in a user profile).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify HARBOE in view of Sankaran, using the teaching wherein determining the at least one user characteristic of the user comprises accessing a user profile associated with the user, as taught by Kerns, to customize the playlist to target the video segment specific to user preference that user may be interested in, as disclosed in Kerns, Col. 4. Line 58-64, col. 5, line 3-4.
Regarding claims 13, 16, 19, and 20 HARBOE in view of Sankaran in further view of Kerns meets the claim limitations as set forth in claims 3, 6, 9, and 10 respectively.
Claims 8 and 18 are rejected under U.S.C. 103 as being unpatentable over HARBOE et al. (US 20080091721, from Applicant’s information disclosure statement (IDS) submitted on 9/16/2024), in view of Sankaran at al. (US 20160295277), in further view of Killick (US 20150149294).
Regarding claim 8, the method of claim 4,
HARBOE in view of Sankaran does not disclose, wherein the at least one user characteristic includes one or more preferred products of the user.
Killick discloses, wherein the at least one user characteristic includes one or more preferred products of the user (Par. 0052, ad segments in a playlist, ad may be selected if it is or is relatively likely to be of interest to the users 120, the ad may be selected based on the preferences, historical behavior, and/or demographics, such as product or service preferences, of the users, i.e. selecting ad segment to play in playlist based on user preferences for specific product or services).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify HARBOE in view of Sankaran, using the teaching of wherein the at least one user characteristic includes one or more preferred products of the user, as taught by Killick, to customize the playlist to target the video segment specifically relatively likely to be of interest to the users, as disclosed in Killick, par. 0052.
Regarding claim 8 HARBOE in view of Sankaran in further view of Killick meets the claim limitations as set forth in claim 8.
Conclusion
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/A.D./Examiner, Art Unit 2422
/BRIAN P YENKE/Primary Examiner, Art Unit 2422