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
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 9/18/24, 3/10/25, 8/4/25, 4/27/26 was acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Applicant's claim for domestic priority benefit of Provisional Application no 63/539267, filed 9/19/23, is acknowledged.
This application repeats a substantial portion of prior Application No. 18/648189, filed 4/26/24, and adds disclosure not presented in the prior application. Because this application names the inventor or at least one joint inventor named in the prior application, it may constitute a continuation-in-part of the prior application. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Claim Objections
Claims 1, 12, 18 are objected to because of the following informalities: Applicant is recommended to amend the phrase "retrieve...a plurality of game session..." to "retrieve...the plurality of game session". Appropriate correction is required.
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 obviousness-type double patenting rejection is appropriate where the conflicting claims 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1, 12, 18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-3, 8-14, 19 of copending Application No. 18/648189 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 12, 18 of the present application are merely broader in scope than that of the copending application. Therefore, the copending application “invention” meets the limitations of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Instant Application
Application No. 18/648189
1. One or more non-transitory computer-readable media for automatic media generation for game sessions, the non-transitory computer readable media comprising instructions which, when executed by one or more processors, causes the one or more processors to: store one or more identifications of a plurality of game sessions, event data corresponding to one or more events of the plurality of game sessions, and a plurality of timestamps indicating when the plurality of game sessions occurred; retrieve event data of a plurality of game sessions responsive to the plurality of game sessions corresponding to timestamps within a defined time period; determine a set of criteria is satisfied based on the retrieved event data of the plurality of game sessions corresponding to timestamps within the defined time period, wherein different criteria of the set of criteria correspond to different media segments; select one or more media segments based on the satisfied set of criteria; and generate a media content item for the one or more game sessions of the defined time period based on the selected one or more media segments.
1. One or more non-transitory computer-readable media for automatic media generation for game sessions, the non-transitory computer readable media comprising instructions which, when executed by one or more processors, causes the one or more processors to: store one or more identifications of a plurality of game sessions, data corresponding to one or more events of the plurality of game sessions, and a plurality of timestamps indicating when the plurality of game sessions occurred or are scheduled to occur; determine a future game session of the plurality of game sessions scheduled to occur at time subsequent to a current time, the future game session between a first entity and a second entity; query memory based on an identifier of the first entity; retrieve data for a set of historical game sessions involving the first entity based on the query; aggregate data generated for a second plurality of game sessions of the set of historical game sessions; determine one or more criteria of a set of criteria are satisfied based at least on the retrieved data for the set of historical game sessions involving the first entity; wherein different criteria of the set of criteria correspond to different text segments, and wherein the set of criteria comprises a plurality of subsets of criteria each corresponding to a different section of a media content item template; select and/or generate one or more text segments based on the satisfied one or more criteria; and generate a media content item for the future game session with the selected and/or generated one or more text segments according to the media content item template by generating a first set of text segments of the one or more text segments based only on the retrieved data for a previous game session between the first entity and the second entity; generating a second set of text segments of the one or more text segments based only on the aggregated data generated for a second plurality of game sessions associated with the first entity; and inserting the first set of text segments in a first section of the media content item and the second set of text segments in a second section of the media content item
12. A method for automatic media generation for game sessions, comprising: storing, by one or more processors, one or more identifications of a plurality of game sessions, event data corresponding to one or more events of the plurality of game sessions, and a plurality of timestamps indicating when the plurality of game sessions occurred; retrieving, by the one or more processors, event data of a plurality of game sessions responsive to the plurality of game sessions corresponding to timestamps within a defined time period; determining, by the one or more processors, a set of criteria is satisfied based on the retrieved event data of the plurality of game sessions corresponding to timestamps within the defined time period, wherein different criteria of the set of criteria correspond to different media segments; selecting, by the one or more processors, one or more media segments based on the satisfied set of criteria; and generating, by the one or more processors, a media content item for the one or more game sessions of the defined time period based on the selected one or more media segments.
12. A method for automatic media generation for game sessions, comprising: storing, by one or more processors, one or more identifications of a plurality of game sessions, data corresponding to one or more events of the plurality of game sessions, and a plurality of timestamps indicating when the plurality of game sessions occurred or are scheduled to occur; determining, by the one or more processors, a future game session of the plurality of game sessions scheduled to occur at time subsequent to a current time, the future game session between a first entity and a second entity; querying, by the one or more processors, memory based on an identifier of the first entity; retrieving, by the one or more processors, data for a set of historical game sessions involving the first entity based on the query; aggregating, by the one or more processors, data generated for a second plurality of game sessions of the set of historical game sessions; determining, by the one or more processors, one or more criteria of a set of criteria are satisfied based at least on the retrieved data for the set of historical game sessions involving the first entity, wherein different criteria of the set of criteria correspond to different text segments, and wherein the set of criteria comprises a plurality of subsets of criteria each corresponding to a different section of a media content item;selecting and/or generating, by the one or more processors, one or more text segments based on the satisfied one or more criteria; and generating, by the one or more processors, a media content item for the future game session with the selected and/or generated one or more text segments by generating, by the one or more processors, a first set of text segments of the one or more text segments based only on the retrieved data for a previous game session between the first entity and the second entity; generating, by the one or more processors, a second set of text segments of the one or more text segments based only on the aggregated data generated for a second plurality of game sessions associated with the first entity; and inserting, by the one or more processors, the first set of text segments in a first section of the media content item and the second set of text segments in a second section of the media content item
18. A system for automatic media generation for game sessions, comprising: one or more processors coupled to one or more computer-readable storage media, the one or more processors configured to execute instructions stored on the one or more computer-readable storage media to: store one or more identifications of a plurality of game sessions, event data corresponding to one or more events of the plurality of game sessions, and a plurality of timestamps indicating when the plurality of game sessions occurred; retrieve event data of a plurality of game sessions responsive to the plurality of game sessions corresponding to timestamps within a defined time period; determine a set of criteria is satisfied based on the retrieved event data of the plurality of game sessions corresponding to timestamps within the defined time period, wherein different criteria of the set of criteria correspond to different media segments; select one or more media segments based on the satisfied set of criteria; and generate a media content item for the one or more game sessions of the defined time period based on the selected one or more media segments.
19. A system for automatic media generation for game sessions, comprising: one or more processors coupled to one or more computer-readable storage media, the one or more processors configured to execute instructions stored on the one or more computer- readable storage media to: store one or more identifications of a plurality of game sessions, data corresponding to one or more events of the plurality of game sessions, and a plurality of timestamps indicating when the plurality of game sessions occurred or are scheduled to occur; determine a future game session of the plurality of game sessions scheduled to occur at time subsequent to the current time, the future game session between a first entity and a second entity; query memory based on an identifier of the first entity; retrieve data for a set of historical game sessions involving the first entity based on the query; aggregate data generated for a second plurality of game sessions of the set of historical game sessions; determine, based on one or more characteristics of the first entity or the second entity, a set of criteria for selecting a set of text segments, wherein different criteria of the set of criteria correspond to different text segments, and wherein the set of criteria comprises a plurality of subsets of criteria each corresponding to a different section of a media content item template; determine one or more criteria of the set of criteria are satisfied based at least on the retrieved data for the set of historical game sessions involving the first entity; select and/or generate one or more text segments based on the satisfied one or more criteria; and generate a media content item for the future game session with the selected and/or generated one or more text segments by; generating a first set of text segments of the one or more text segments based only on the retrieved data for a previous game session between the first entity and the second entity; generating a second set of text segments of the one or more text segments based only on the aggregated data generated for a second plurality of game sessions associated with the first entity; and inserting the first set of text segments in a first section of the media content item and the second set of text segments in a second section of the media content item.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
In the instant application, claim(s) 1-8, 12-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Step 1:
Claim(s) 1-8, 12-20 is/are drawn to at least one of the four statutory categories of invention (i.e. process, machine, manufacture, or composition).
Step 2A:
However, claim(s) 1-8, 12-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
For instance, regarding independent claim(s) 1, 12, 18,
Prong 1 analysis:
The limitations of “determine a set of criteria is satisfied based on the retrieved event data of the plurality of game sessions corresponding to timestamps within the defined time period, wherein different criteria of the set of criteria correspond to different media segments; select one or more media segments based on the satisfied set of criteria; and generate a media content item for the one or more game sessions of the defined time period based on the selected one or more media segments”, are considered to fall within the mental processes grouping. The recited limitations, as drafted, cover performance of the limitations in the mind but for the recitation of generic computer components. That is, other than reciting one or more processors and a memory, nothing in the claim element precludes the step from practically being performed in the mind.
Furthermore, dependent claims 2-8, 13-17, 19-20 merely include limitations that either further define the abstract idea (and thus don’t make the abstract idea any less abstract) or amount to no more than generally linking the use of the abstract idea to a particular technological environment or field of use because they are merely incidental or token additions to the claims that do not alter or affect how the process steps are performed.
Prong 2 analysis:
The above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the additional elements “one or more processors coupled to one or more computer-readable storage media, the one or more processors configured to execute instructions stored on the one or more computer-readable storage media, one or more non-transitory computer-readable media for automatic media generation for game sessions, the non-transitory computer readable media comprising instructions which, when executed by one or more processors, causes the one or more processors to: store one or more identifications of a plurality of game sessions, event data corresponding to one or more events of the plurality of game sessions, and a plurality of timestamps indicating when the plurality of game sessions occurred; retrieve event data of a plurality of game sessions responsive to the plurality of game sessions corresponding to timestamps within a defined time period”, are generically recited computer elements that do not improve the functioning of a computer, or any other technology or technical field. Nor do these additional elements serve to apply the above-identified abstract idea with, or by use of, a particular machine, effect a transformation or apply or use the above-identified abstract idea in some other meaningful way beyond generally linking the use thereof to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception. Furthermore, the above-identified generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. For at least these reasons, the abstract idea identified above is not integrated into a practical application under the 2019 PEG.
Moreover, the above-identified abstract idea is not integrated into a practical application under the 2019 PEG because the claimed method and system merely implements the above-identified abstract idea using rules (e.g., computer instructions) executed by a computer. The claimed elements are recited at a high level of generality, and amounts to mere data gathering and data transmission, which is a form of insignificant extra-solution activity. Each of the additional limitations are no more than mere instructions to apply the exception using generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. As such, the claim is directed to the abstract idea.
Step 2B:
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using generic computer components cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B.
Furthermore, in view of Berkheimer, the recited additional elements are considered as conventional activity. For instance, Willette (2017/0001111) and Hunter (2018/0361235) teach the additional elements (Willette, ¶¶0132, 0141-0145; Hunter, ¶¶0045-0048, 0072-0073).
In addition, with regards to the present claims, the courts have recognized the computer functions as well‐understood, routine, and conventional activities when they are claimed in a merely generic manner (e.g., at a high level of generality) or as insignificant extra-solution activity.
For instance, regarding claims 1-8, 12-20, each claim describes physical or software elements that provide a generic environment in which to carry out the abstract idea, which is similar to the conventional activity or as insignificant extra-solution activity of selecting information, based on types of information, for collection, analysis and display in EPG, gathering, receiving and transmitting data in Symantec, TLI, OIP Techs., buySAFE, and performing repetitive calculation in Flook, Bancorp.
Therefore, claim(s) 1-8, 12-20 is/are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Allowable Subject Matter
Claims 9-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON TAHAI YEN whose telephone number is (571)270-1777. The examiner can normally be reached on Mon - Fri 7am- 3pm PST.
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/JASON T YEN/Primary Examiner, Art Unit 3715
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