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 . The application has been examined. Claims 1-12 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/24/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Allowable Subject Matter
Claims 4 and 10 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 and overcoming the Obviousness Double Patenting Rejection, Claim Objections, and 35 USC § 103 Rejections.
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 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-12 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-18 of the U.S. Patent No. 11,522,969. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claims 1-12 of the instant application and claims 1-18 of the U.S. Patent No. 11,522,969 is that the claims of the instant application discloses the scope of the invention to be broader than to the scope of the U.S. Patent No. 11,522,969.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of the U.S. Patent No. 11,522,969. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 1 of the instant application and claim 1 of the U.S. Patent No. 11,522,969 is that the claims of the instant application discloses method steps which are broader to the method steps of the U.S. Patent No. 11,522,969.
Claim 7 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 10 of the U.S. Patent No. 11,522,969. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 7 of the instant application and claim 10 of the U.S. Patent No. 11,522,969 is that the claims of the instant application are broader than the claims of the U.S. Patent No. 11,522,969 in scope.
Claims Comparison Table
Instant Application:
18/895,001
U.S. Patent No. 11,522,969 B2
(common inventive entity and assignee)
Claim 1:
A method comprising: receiving a request from a user device to upload a content item to at least one server of a sharing platform; determining a first anticipated level of user activity for the content item on the sharing platform based on data indicative of consumption requests made by a plurality of devices to the sharing platform; based at least in part on the first anticipated level of user activity being below a threshold: refraining from hosting the content item from the sharing platform; and identifying a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification, wherein the second anticipated level of user activity is higher than the first anticipated level of user activity; and generating for display at the user device a recommendation to modify the content item using the identified modification.
Claim 1:
A method for determining popularity of new content item comprising: receiving a submitted content item, at a device; analyzing the submitted content item to identify at least a first attribute and a second attribute associated with the submitted content item; identifying a first previously posted content item associated with the first attribute; determining a first level of user activity associated with the first previously posted content item over a first past time period; extrapolating a second level of user activity for a future time period based on the first past time period; identifying a second previously posted content item associated with the second attribute; determining a third level of user activity associated with the second previously posted content item over a second past time period; extrapolating a fourth level of user activity for the future time period based on the second past time period comprising: determining a rate of change of the user activity over the second past time period; determining user activity at the end of the second past time period; and extrapolating using the user activity at the end of the second past time period and the determined rate of change; and determining an anticipated level of user activity associated with the submitted content item for the future time period based on the extrapolated second level of user activity and extrapolated fourth level of user activity.
Claim 2:
The method of claim 1 further comprising: in response to determining that the anticipated level of user activity associated with the submitted content item for the future time period is greater than a threshold level of user activity; storing a copy of the submitted content item at the device and at an additional device such that the submitted content item is available to a plurality of users via the device and via the additional device, wherein the additional device is different from the device.
Claim 2:
The method of claim 1, wherein the sharing platform is a platform which stores the content item in a server from which the content item is uploaded to one or more social media platforms to be accessed by a plurality of users.
Claim 5:
The method of claim 4 further comprising: identifying a sharing platform based on the determined anticipated level of user activity associated with the submitted content item for the future time period; wherein the recommendation comprises the recommendation to upload the submitted content item to the identified sharing platform.
Claim 3:
The method of claim 1, wherein the consumption requests comprise at least one of clicks, views, likes, dislikes, shares, ratings, or comments.
Claim 3:
The method of claim 1 wherein the user activity comprises one or more of clicks, views, likes, dislikes, shares, ratings and comments.
Claim 5:
The method of claim 1, wherein the recommendation is a first recommendation, further comprising: modifying, based on the first recommendation, the content item using the identified modification; receiving a user interface selection to modify the content item using the identified modification; generating, in response to the modifying the content item, a modified content item with the identified modification; transmitting to the user device a second recommendation to share the modified content item to at least one sharing platform.
Claim 4:
The method of claim 1 further comprising transmitting a recommendation to a user device from which the submitted content item was received from, wherein the recommendation comprises to upload the submitted content item.
Claim 8:
The method of claim 1 further comprising: providing a suggestion to modify the submitted content item based on the determined anticipated level of user activity.
Claim 6:
A method of claim 5, further comprising: storing a copy of the modified content item on an additional sharing platform wherein the additional sharing platform allows the content item to be accessed by a plurality of devices.
Claim 2:
The method of claim 1 further comprising: in response to determining that the anticipated level of user activity associated with the submitted content item for the future time period is greater than a threshold level of user activity; storing a copy of the submitted content item at the device and at an additional device such that the submitted content item is available to a plurality of users via the device and via the additional device, wherein the additional device is different from the device.
Claim 7:
A system comprising: input/output circuity configured to: receive a request from a user device to upload a content item to at least one server of a sharing platform; control circuitry configured to: determine first anticipated level of user activity for the content item on the sharing platform based on data indicative of consumption requests made by a plurality of devices to the sharing platform; based at least in part on the first anticipated level of user activity being below threshold: refrain from hosting the content item by the sharing platform; and identify a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification, wherein the second anticipated level of user activity is higher than the first anticipated level of user activity; and wherein the input/output circuitry is further configured to: generate for display at the user device a recommendation to modify the content item using the identified modification.
Claim 10:
A system for determining popularity of new content, the system comprising: an input/output (I/O) circuitry configured to: receive a submitted content item, at a device; and a control circuitry communicably coupled to the I/O circuitry configured to: analyze the submitted content item to identify at least a first attribute and a second attribute associated with the submitted content item; identify a first previously posted content item associated with the first attribute; determine a first level of user activity associated with the first previously posted content item over a first past time period; extrapolate a second level of user activity for a future time period based on the first past time period by: determining a rate of change of the user activity over the first past time period; determining user activity at the end of the first past time period; extrapolating using the user activity at the end of the first past time period and the rate of change; identify a second previously posted content item associated with the second attribute; determine a third level of user activity associated with the second previously posted content item over a second past time period; extrapolate a fourth level of user activity for the future time period based on the second past time period; and determine an anticipated level of user activity associated with the submitted content item for the future time period based on the extrapolated second level of user activity and extrapolated fourth level of user activity.
Claim 11:
The system of claim 10 wherein the control circuitry is further configured to: determine that the anticipated level of user activity associated with the submitted content item for the future time period is greater than a threshold level of user activity; and in response to determining that the anticipated level of user activity associated with the submitted content item for the future time period is greater than the threshold level of user activity, store a copy of the submitted content item at the device and at an additional device such that the submitted content item is available to a plurality of users via the device and via the additional device, wherein the additional device is different from the device.
Claim 8:
The system of claim 7, wherein the sharing platform is a platform which stores the content item in a server from which the content item is uploaded to one or more social media platforms to be accessed by a plurality of users.
Claim 15:
The system of claim 14 wherein the control circuitry is further configured to: identify a sharing platform based on the anticipated level of user activity associated with the submitted content item for the future time period; wherein the recommendation comprises a recommendation to upload the submitted content item to the identified sharing platform.
Claim 9:
The system of claim 7, wherein the consumption requests comprise at least one of clicks, views, likes, dislikes, shares, ratings, or comments.
Claim 13:
The system of claim 10 wherein the user activity comprises one or more of clicks, views, likes, dislikes, shares, ratings and comments.
Claim 11:
The system of claim 7, wherein the recommendation is a first recommendation, wherein the control circuitry is further configured to: modify, based on the first recommendation, the content item using the identified modification; receive a user interface selection to modify the content item using the identified modification; generate, in response to the modifying the content item, a modified content item with the identified modification; transmit to the user device a second recommendation to share the modified content item to at least one sharing platform.
Claim 14:
The system of claim 10 wherein the control circuitry is configured to: transmit a recommendation to a user device from which the submitted content item was received from, wherein the recommendation comprises to upload the submitted content item.
Claim 18:
The system of claim 10 wherein the control circuitry is further configured to: provide a suggestion to modify the submitted content item based on the determined anticipated level of user activity.
Claim 12:
The system of claim 11, wherein the control circuitry is further configured to: store a copy of the modified content item on an additional sharing platform wherein the additional sharing platform allows the content item to be accessed by a plurality of devices.
Claim 11:
The system of claim 10 wherein the control circuitry is further configured to: determine that the anticipated level of user activity associated with the submitted content item for the future time period is greater than a threshold level of user activity; and in response to determining that the anticipated level of user activity associated with the submitted content item for the future time period is greater than the threshold level of user activity, store a copy of the submitted content item at the device and at an additional device such that the submitted content item is available to a plurality of users via the device and via the additional device, wherein the additional device is different from the device.
Claims 1-12 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-16 of the U.S. Patent No. 11,888,951. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claims 1-12 of the instant application and claims 1-16 of the U.S. Patent No. 11,888,951 is that the claims of the instant application discloses the scope of the invention to be broader than to the scope of the U.S. Patent No. 11,888,951.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of the U.S. Patent No. 11,888,951. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 1 of the instant application and claim 1 of the U.S. Patent No. 11,888,951 is that the claims of the instant application discloses method steps which are broader to the method steps of the U.S. Patent No. 11,888,951.
Claim 7 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 9 of the U.S. Patent No. 11,888,951. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 7 of the instant application and claim 9 of the U.S. Patent No. 11,888,951 is that the claims of the instant application are broader than the claims of the U.S. Patent No. 11,888,951 in scope.
Claims Comparison Table
Instant Application:
18/895,001
U.S. Patent No. 11,888,951 B2
(common inventive entity and assignee)
Claim 1:
A method comprising: receiving a request from a user device to upload a content item to at least one server of a sharing platform; determining a first anticipated level of user activity for the content item on the sharing platform based on data indicative of consumption requests made by a plurality of devices to the sharing platform; based at least in part on the first anticipated level of user activity being below a threshold: refraining from hosting the content item from the sharing platform; and identifying a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification, wherein the second anticipated level of user activity is higher than the first anticipated level of user activity; and generating for display at the user device a recommendation to modify the content item using the identified modification.
Claim 1:
A method comprising: receiving at a device a first content item; identifying a first sharing platform and a second sharing platform, wherein the first sharing platform hosts a first plurality of content items available to a first plurality of devices and the second sharing platform hosts a second plurality of content items available to a second plurality of devices; determining a first anticipated level of user activity associated with the first content item over a future time period on the first sharing platform based on first consumption data of the first plurality of content items by the first plurality of devices; determining a second anticipated level of user activity associated with the first content item over the future time period on the second sharing platform based on second consumption data of the second plurality of content items by the second plurality of devices; in response to determining that the first anticipated level of user activity is higher than the second anticipated level of user activity, generating for display a recommendation to store the first content item on the first sharing platform; and in response to receiving an acceptance of the recommendation, transmitting the first content item for storage on the first sharing platform.
Claim 8:
The method of claim 1, wherein the determining of the first anticipated level of user activity further comprises: determining an anticipated popularity level for the first sharing platform; in response to determining that the anticipated popularity level for the first sharing platform is lower than a threshold popularity level, decreasing the first anticipated level of user activity for the first sharing platform.
Claim 2:
The method of claim 1, wherein the sharing platform is a platform which stores the content item in a server from which the content item is uploaded to one or more social media platforms to be accessed by a plurality of users.
Claim 3:
The method of claim 1, wherein the identifying of the first sharing platform comprises: accessing a respective user activity level for each respective sharing platform of a list of sharing platforms; filtering the list of the sharing platform to remove sharing platforms with associated user activity levels that are below a threshold level; and identifying the first sharing platform from a filtered list of sharing platforms.
Claim 3:
The method of claim 1, wherein the consumption requests comprise at least one of clicks, views, likes, dislikes, shares, ratings, or comments.
Claim 4:
The method of claim 1, wherein the first anticipated level of user activity is calculated based on a number of likes, comments, and shares of the first content item; and wherein the second anticipated level of user activity is calculated based on a number of likes, comments, and shares of the second content item.
Claim 4:The method of claim 1, wherein the determining the first anticipated level of user activity for the content item on the sharing platform comprises: accessing an attribute table, wherein the attribute table comprises a plurality of attributes describing the content item on the sharing platform; retrieving a plurality of historic values associated with the plurality of attributes in the attribute table; retrieving a plurality of weight values associated with the plurality of attributes in the attribute table; multiplying the plurality of historic values of the plurality of attributes with the plurality of weight values for the plurality of attributes; storing a plurality of calculated products calculated by multiplying the plurality of historic values by the plurality of weight values for the plurality of attributes in a list of calculated products; and determining the first anticipated level of user activity by summing the plurality of calculated products in the list of calculated products.
Claim 5:
The method of claim 1, wherein the determining of the first anticipated level of user activity and the second anticipated level of user activity further comprises: accessing a first attribute table, wherein the first attribute table comprises of a first plurality of attributes describing the first content item on the first sharing platform; accessing a second attribute table, wherein the second attribute table comprises of a second plurality of attributes describing the first content item on the second sharing platform; retrieving a first plurality of historic values associated with the first plurality of attributes in the first attribute table; retrieving a second plurality of historic values associated with the second plurality of attributes in the second attribute table; retrieving a first plurality of weight values associated with the first plurality of attributes in the first attribute table; retrieving a second plurality of weight values associated with the second plurality of attributes in the second attribute table; multiplying the first plurality of historic values of the first plurality of attributes to the corresponding first plurality of weight values for the first plurality of attributes, and storing a first plurality of products of the multiplying the first plurality of historic values to the corresponding first plurality of weight values in a first list of products; multiplying the second plurality of historic values of the second plurality of attributes to the corresponding second plurality of weight values for the second plurality of attributes, and storing a second plurality of products of the multiplying the second plurality of historic values to the corresponding second plurality of weight values in a second list of products; determining the first anticipated level of user activity by summing a first products in the first list of products; and determining the second anticipated level of user activity by summing a second products in the second list of products.
Claim 5:
The method of claim 1, wherein the recommendation is a first recommendation, further comprising: modifying, based on the first recommendation, the content item using the identified modification; receiving a user interface selection to modify the content item using the identified modification; generating, in response to the modifying the content item, a modified content item with the identified modification; transmitting to the user device a second recommendation to share the modified content item to at least one sharing platform.
Claim 6:
The method of claim 1 further comprising: in response to the determining of the first anticipated level of user activity associated with the first content item over the future time period, generating for display a recommendation to modify the first content item.
Claim 7:
A system comprising: input/output circuity configured to: receive a request from a user device to upload a content item to at least one server of a sharing platform; control circuitry configured to: determine first anticipated level of user activity for the content item on the sharing platform based on data indicative of consumption requests made by a plurality of devices to the sharing platform; based at least in part on the first anticipated level of user activity being below threshold: refrain from hosting the content item by the sharing platform; and identify a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification, wherein the second anticipated level of user activity is higher than the first anticipated level of user activity; and wherein the input/output circuitry is further configured to: generate for display at the user device a recommendation to modify the content item using the identified modification.
Claim 1:
A system comprising: a processor coupled to a memory; and a control circuitry configured to: receive by a device a first content item; identify a first sharing platform and a second sharing platform, wherein the first sharing platform hosts a first plurality of content items available to a first plurality of devices and the second sharing platform hosts a second plurality of content items available to a second plurality of devices; determine a first anticipated level of user activity associated with the first content item over a future time period on the first sharing platform based on first consumption data of the first plurality of content items by the first plurality of devices; determine a second anticipated level of user activity associated with the first content item over the future time period on the second sharing platform based on second consumption data of the second plurality of content items by the second plurality of devices; in response to determining that the first anticipated level of user activity is higher than the second anticipated level of user activity, generate for display a recommendation to store the first content item on the first sharing platform; and in response to receiving an acceptance of the recommendation, transmit the first content item for storage on the first sharing platform.
Claim 7:
The system of claim 9, wherein the control circuitry is configured to determine the first anticipated level of user activity by: determining an anticipated popularity level for the first sharing platform; in response to determining that the anticipated popularity level for the first sharing platform is lower than a threshold popularity level, decreasing the first anticipated level of user activity for the first sharing platform.
Claim 8:
The system of claim 7, wherein the sharing platform is a platform which stores the content item in a server from which the content item is uploaded to one or more social media platforms to be accessed by a plurality of users.
Claim 11:
The system of claim 9, wherein the control circuitry is configured to identify the first sharing platform by: accessing a respective user activity level for each respective sharing platform of a list of sharing platforms; filtering the list of the sharing platform to remove sharing platforms with associated user activity levels that are below a threshold level; and identifying the first sharing platform from a filtered list of sharing platforms.
Claim 9:
The system of claim 7, wherein the consumption requests comprise at least one of clicks, views, likes, dislikes, shares, ratings, or comments.
Claim 12:
The system of claim 9, wherein the control circuitry is configured to calculate the first anticipated level of user activity based on a number of likes, comments, and shares of the first content item; and wherein the second anticipated level of user activity is calculated based on a number of likes, comments, and shares of the second content item.
Claim 10:
The system of claim 7, wherein the control circuitry is further configured to determine the first anticipated level of user activity for the content item on the sharing platform by: accessing an attribute table, wherein the attribute table comprises a plurality of attributes describing the content item on the sharing platform; retrieving a plurality of historic values associated with the plurality of attributes in the attribute table; retrieving a plurality of weight values associated with the plurality of attributes in the attribute table; multiplying the plurality of historic values of the plurality of attributes with the plurality of weight values for the plurality of attributes; storing a plurality of calculated products calculated by multiplying the plurality of historic values by the plurality of weight values for the plurality of attributes in a list of calculated products; and determining the first anticipated level of user activity by summing the plurality of calculated products in the list of calculated products.
Claim 13:
The system of claim 9, wherein the control circuitry is configured to determine the first anticipated level of user activity and the second anticipated level of user activity by: accessing a first attribute table, wherein the first attribute table comprises of a first plurality of attributes describing the first content item on the first sharing platform; accessing a second attribute table, wherein the second attribute table comprises of a second plurality of attributes describing the first content item on the second sharing platform; retrieving a first plurality of historic values associated with the first plurality of attributes in the first attribute table; retrieving a second plurality of historic values associated with the second plurality of attributes in the second attribute table; retrieving a first plurality of weight values associated with the first plurality of attributes in the first attribute table; retrieving a second plurality of weight values associated with the second plurality of attributes in the second attribute table; multiplying the first plurality of historic values of the first plurality of attributes to the corresponding first plurality of weight values for the first plurality of attributes, and storing a first plurality of products of the multiplying the first plurality of historic values to the corresponding first plurality of weight values in a first list of products; multiplying the second plurality of historic values of the second plurality of attributes to the corresponding second plurality of weight values for the second plurality of attributes, and storing a second plurality of products of the multiplying the second plurality of historic values to the corresponding second plurality of weight values in a second list of products; determining the first anticipated level of user activity by summing a first products in the first list of products; and determining the second anticipated level of user activity by summing a second products in the second list of products.
Claim 11:
The system of claim 7, wherein the recommendation is a first recommendation, wherein the control circuitry is further configured to: modify, based on the first recommendation, the content item using the identified modification; receive a user interface selection to modify the content item using the identified modification; generate, in response to the modifying the content item, a modified content item with the identified modification; transmit to the user device a second recommendation to share the modified content item to at least one sharing platform.
Claim 14:
The system of claim 9 wherein the control circuitry is configured by: in response to the determining of the first anticipated level of user activity associated with the first content item over the future time period, generating for display a recommendation to modify the first content item.
Claims 1-12 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-18 of the U.S. Patent No. 12,132,798. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claims 1-12 of the instant application and claims 1-18 of the U.S. Patent No. 12,132,798 is that the claims of the instant application discloses the scope of the invention to be broader than to the scope of the U.S. Patent No. 12,132,798.
Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of the U.S. Patent No. 12,132,798. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 1 of the instant application and claim 1 of the U.S. Patent No. 12,132,798 is that the claims of the instant application discloses method steps which are broader to the method steps of the U.S. Patent No. 12,132,798.
Claim 7 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 10 of the U.S. Patent No. 12,132,798. Although the conflicting claims are not identical, they are not patentably distinct from each other because the difference between claim 7 of the instant application and claim 10 of the U.S. Patent No. 12,132,798 is that the claims of the instant application are broader than the claims of the U.S. Patent No. 12,132,798 in scope.
Claims Comparison Table
Instant Application:
18/895,001
U.S. Patent No. 12,132,798 B2
(common inventive entity and assignee)
Claim 1:
A method comprising: receiving a request from a user device to upload a content item to at least one server of a sharing platform; determining a first anticipated level of user activity for the content item on the sharing platform based on data indicative of consumption requests made by a plurality of devices to the sharing platform; based at least in part on the first anticipated level of user activity being below a threshold: refraining from hosting the content item from the sharing platform; and identifying a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification, wherein the second anticipated level of user activity is higher than the first anticipated level of user activity; and generating for display at the user device a recommendation to modify the content item using the identified modification.
Claim 1:
A method comprising: receiving a request to upload a first content item from a first device to at least one sharing platform; determining an anticipated level of user activity associated with the first content item over a future time period on a sharing platform of the at least one sharing platform based on consumption data of a first plurality of content items by a plurality of devices; comparing the determined anticipated level of user activity to a threshold user activity value; determining based on the comparing that the determined anticipated level is above the threshold user activity value; and based at least in part on the determining: transmitting a recommendation to the first device to upload the first content item to the sharing platform of the at least one sharing platform.
Claim 7:
The method of claim 1, wherein the determining of the anticipated level of user activity further comprises: determining an anticipated popularity level for the sharing platform; in response to determining that the anticipated popularity level for the sharing platform is lower than a threshold popularity level, decreasing the anticipated level of user activity for the sharing platform.
Claim 2:
The method of claim 1, wherein the sharing platform is a platform which stores the content item in a server from which the content item is uploaded to one or more social media platforms to be accessed by a plurality of users.
Claim 8:
The method of claim 1, further comprising: receiving a request to upload a second content item from a second device to the at least one sharing platform; determining an anticipated level of user activity associated with the second content item over the future period on the sharing platform of the at least one sharing platform based on the consumption data of a second plurality of content items by the plurality of devices; comparing the determined anticipated level of user activity associated with the second content item to the threshold user activity value; determining based on the comparing that the determined anticipated level of user activity associated with the second content item is above the threshold user activity value; and transmitting a recommendation to the second device to modify the second content item based on the determined anticipated level of user activity.
Claim 3:
The method of claim 1, wherein the consumption requests comprise at least one of clicks, views, likes, dislikes, shares, ratings, or comments.
Claim 3:
The method of claim 1, wherein the consumption data comprises one or more of clicks, views, likes, dislikes, shares, ratings and comments.
Claim 5:
The method of claim 1, wherein the recommendation is a first recommendation, further comprising: modifying, based on the first recommendation, the content item using the identified modification; receiving a user interface selection to modify the content item using the identified modification; generating, in response to the modifying the content item, a modified content item with the identified modification; transmitting to the user device a second recommendation to share the modified content item to at least one sharing platform.
Claim 8:
The method of claim 1, further comprising: receiving a request to upload a second content item from a second device to the at least one sharing platform; determining an anticipated level of user activity associated with the second content item over the future period on the sharing platform of the at least one sharing platform based on the consumption data of a second plurality of content items by the plurality of devices; comparing the determined anticipated level of user activity associated with the second content item to the threshold user activity value; determining based on the comparing that the determined anticipated level of user activity associated with the second content item is above the threshold user activity value; and transmitting a recommendation to the second device to modify the second content item based on the determined anticipated level of user activity.
Claim 6:
A method of claim 5, further comprising: storing a copy of the modified content item on an additional sharing platform wherein the additional sharing platform allows the content item to be accessed by a plurality of devices.
Claim 9:
The method of claim 1, further comprising: in response to determining that the anticipated level of user activity associated with the first content item for the future time period is above the threshold user activity value: storing a copy of the first content item at the first device and at an additional device such that the first content item is available to a plurality of users via the first device and via the additional device, wherein the additional device is different from the first device.
Claim 7:
A system comprising: input/output circuity configured to: receive a request from a user device to upload a content item to at least one server of a sharing platform; control circuitry configured to: determine first anticipated level of user activity for the content item on the sharing platform based on data indicative of consumption requests made by a plurality of devices to the sharing platform; based at least in part on the first anticipated level of user activity being below threshold: refrain from hosting the content item by the sharing platform; and identify a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification, wherein the second anticipated level of user activity is higher than the first anticipated level of user activity; and wherein the input/output circuitry is further configured to: generate for display at the user device a recommendation to modify the content item using the identified modification.
Claim 10:
A system comprising: input/output circuitry configured to: receive a request to upload a first content item from a first device to at least one sharing platform; control circuitry configured to: determine an anticipated level of user activity associated with the first content item over a future time period on a sharing platform of the at least one sharing platform based on consumption data of a first plurality of content items by a plurality of devices; compare the determined anticipated level of user activity to a threshold user activity value; determine based on the comparing that the determined anticipated level is above the threshold user activity value; and based at least in part on the determining: transmit a recommendation to the first device to upload the first content item to the sharing platform of the at least one sharing platform.
Claim 16:
The system of claim 10, wherein the control circuitry configured to determine the anticipated level of user activity is further configured to: determine an anticipated popularity level for the sharing platform; in response to determining that the anticipated popularity level for the sharing platform is lower than a threshold popularity level, decrease the anticipated level of user activity for the sharing platform.
Claim 8:
The system of claim 7, wherein the sharing platform is a platform which stores the content item in a server from which the content item is uploaded to one or more social media platforms to be accessed by a plurality of users.
Claim 17:
The system of claim 10, wherein: the input/output circuitry is further configured to: receive a request to upload a second content item from a second device to the at least one sharing platform; the control circuitry is further configured to: determine an anticipated level of user activity associated with the second content item over the future period on the sharing platform of the at least one sharing platform based on the consumption data of a second plurality of content items by the plurality of devices; compare the determined anticipated level of user activity associated with the second content item to the threshold user activity value; determine based on the comparing that the determined anticipated level of user activity associated with the second content item is above the threshold user activity value; and transmit a recommendation to the first device to modify the first content item based on the determined anticipated level of user activity.
Claim 9:
The system of claim 7, wherein the consumption requests comprise at least one of clicks, views, likes, dislikes, shares, ratings, or comments.
Claim 12:
The system of claim 10, wherein the consumption data comprises one or more of clicks, views, likes, dislikes, shares, ratings and comments.
Claim 11:
The system of claim 7, wherein the recommendation is a first recommendation, wherein the control circuitry is further configured to: modify, based on the first recommendation, the content item using the identified modification; receive a user interface selection to modify the content item using the identified modification; generate, in response to the modifying the content item, a modified content item with the identified modification; transmit to the user device a second recommendation to share the modified content item to at least one sharing platform.
Claim 17:
The system of claim 10, wherein: the input/output circuitry is further configured to: receive a request to upload a second content item from a second device to the at least one sharing platform; the control circuitry is further configured to: determine an anticipated level of user activity associated with the second content item over the future period on the sharing platform of the at least one sharing platform based on the consumption data of a second plurality of content items by the plurality of devices; compare the determined anticipated level of user activity associated with the second content item to the threshold user activity value; determine based on the comparing that the determined anticipated level of user activity associated with the second content item is above the threshold user activity value; and transmit a recommendation to the first device to modify the first content item based on the determined anticipated level of user activity.
Claim 12:
The system of claim 11, wherein the control circuitry is further configured to: store a copy of the modified content item on an additional sharing platform wherein the additional sharing platform allows the content item to be accessed by a plurality of devices.
Claim 18:
The system of claim 10, wherein the control circuitry is further configured to: in response to determining that the anticipated level of user activity associated with the first content item for the future time period is above the threshold user activity value: store a copy of the first content item at the first device and at an additional device such that the first content item is available to a plurality of users via the first device and via the additional device, wherein the additional device is different from the first device.
Claim Objections
Claims 1-2, 4-8, and 10-12 are objected to because of the following informalities: lack of terminology consistency
Claim 1, line 2, recites “of a sharing platform” and should be changed to -- of a sharing platform of at least one sharing platform--.
Similar changes are suggested for subsequent claims.
Claim 2, line 2, recites “in a server” and should be changed to -- in [[a]] the at least one server --.
Similar changes are suggested for subsequent claims.
Claim 5, line 8, recites “the identified modification;” and should be changed to -- the identified modification; and--.
Similar changes are suggested for subsequent claims.
Claim 6, line 1, recites “A method of claim 5” and should be changed to --[[A]] The method of claim 5--.
Claim 6, line 3, recites “by a plurality of devices” and should be changed to -- by [[a]] the plurality of devices --.
Similar changes are suggested for subsequent claims.
Appropriate correction is required.
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, 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 1-3, 5-9, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (2019/0362367, hereinafter Wang) in view of Gopalan (2016/0353144).
Regarding claim 1, Wang discloses a method comprising:
receiving a request from a user device to upload a content item to at least one server of a sharing platform (Wang discloses that the activity tracker 110 may track indicators associated with digital media (content item) be used to interact by a user(s) of a client device(s)) (Wang, para. 68);
determining a first anticipated level of user activity for the content item on the sharing platform based on data indicative of consumption requests made by a plurality of devices to the sharing platform (Wang discloses that the prediction may meet or exceed a popularity threshold that indicates whether the digital media will be considered long term popularity) (Wang, para. 60);
based at least in part on the first anticipated level of user activity being below a threshold (Wang discloses that the analysis and prediction server 112 may signal to the notification server 114 if the threshold is not met or exceeded) (Wang, para. 61):
refraining from hosting the content item from the sharing platform (Wang discloses that the determined long term popularity track is less than the threshold, the content may be determined (refraining) as not having a long term popularity and indicates users or reader of the content of not of a high interest) (Wang, para. 71); and
identifying a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification (Wang discloses that the prediction model may use initial values, but may be updated (modified) after analysis and/or prediction associated with the digital media that has been performed (second anticipated level of user activity)) (Wang, para. 56); and
generating for display at the user device a recommendation to modify the content item using the identified modification (Wang discloses that the analysis and prediction server 112 may update the prediction model (recommendation) as more predictions (identified modification) occur and/or as one or more additional digital media, features (modify the content item), and activity is analyzed) (Wang, para. 60).
Wang does not explicitly disclose identifying a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification, wherein the second anticipated level of user activity is higher than the first anticipated level of user activity.
In analogous art, Gopalan teaches identifying a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification (Gopalan discloses that the media popularity model generates a prediction of whether the media content item is likely to exceed a popularity threshold within a particular period of time and may generate a suggested content change (identifying a modification) in response to determining that the media content item is not likely to exceed the popularity threshold; the virality indicator 160 indicates that he test media item data 140 is not likely to go viral, the suggestion generator 116 may generate one or more suggested changes (modifications) to be made to increase the chances of the test media content item data 140 going viral) (Gopalan, para. 13, 34), wherein the second anticipated level of user activity is higher than the first anticipated level of user activity (Gopalan discloses that the suggestion generator 116 may generate suggested changes (modifications) that corresponds to suggested additions and/or deletions to the media content that may improve the likelihood that the test media content item data 140 will go viral) (Gopalan, para. 35).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Gopalan related to identifying a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification and to combine with Wang in order to increase the efficiency of distributing media content items that quickly become highly requested (Gopalan, para. 36).
Regarding claim 2, Wang and Gopalan discloses the method of claim 1, wherein the sharing platform is a platform which stores the content item in a server from which the content item is uploaded to one or more social media platforms (Wang, para. 47) to be accessed by a plurality of users (Wang discloses that the activity tracker 110 may track and collect the number of views, clicks, shares with other users of the social media platform, or other interactions performed by one or more client devices 102 that are associated with the collected digital media) (Wang, para. 68).
Regarding claim 3, Wang and Gopalan discloses the method of claim 1, wherein the consumption requests comprise at least one of clicks, views, likes, dislikes, shares, ratings, or comments (Wang discloses that the activity tracker 110 may track and collect the number of views, clicks, shares with other users of the social media platform, or other interactions performed by one or more client devices 102 that are associated with the collected digital media) (Wang, para. 68).
Regarding claim 5, Wang and Gopalan discloses the method of claim 1, wherein the recommendation is a first recommendation (Gopalan discloses that the virality indicator 160 indicates that he test media item data 140 is not likely to go viral, the suggestion generator 116 may generate one or more suggested (recommend) changes (modifications) to be made to increase the chances of the test media content item data 140 going viral) (Gopalan, para. 34), further comprising:
modifying, based on the first recommendation, the content item using the identified modification (Gopalan discloses that the suggestion generator 116 may generate suggested changes (modifications) that corresponds to suggested additions and/or deletions to the media content that may improve the likelihood that the test media content item data 140 will go viral) (Gopalan, para. 35);
receiving a user interface selection to modify the content item using the identified modification (Gopalan discloses that the suggestion generator 116 may identify an attribute of the particular viral media content item and/or a frame of the particular viral media content item and output the attribute and/or frame to a display device) (Gopalan, para. 45);
generating, in response to the modifying the content item, a modified content item with the identified modification (Gopalan discloses that the suggestion generator 116 may generate a media popularity model based on visual information contained in the first set of media content items and in the second set of media content items) (Gopalan, para. 37);
transmitting to the user device a second recommendation to share the modified content item to at least one sharing platform (Gopalan discloses that the suggestion generator 116 may generate suggested changes (modifications) that corresponds to suggested additions and/or deletions to the media content that may improve the likelihood that the test media content item data 140 will go viral) (Gopalan, para. 35).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Gopalan related to modifying the content item using the identified modification, receiving the selection to modify, generating the modified content item, and transmitting the recommendation to share the modified content item and to combine with Wang and Gopalan in order to increase the efficiency of distributing media content items that quickly become highly requested (Gopalan, para. 36).
Regarding claim 6, Wang and Gopalan discloses the method of claim 5, further comprising:
storing a copy of the modified content item on an additional sharing platform (Gopalan discloses that when the virality indicator 160 indicates that the test media content item 140 is likely to go viral, the placement determiner 114 determines that the test media content item data 140 should be stored at one or more of the storage devices (additional sharing platforms)) (Gopalan, para. 31) wherein the additional sharing platform allows the content item to be accessed by a plurality of devices (Gopalan discloses that the computing device 102 may determine where the test media content item 140 is to be stored based on the prediction and/or suggested content changes to the content delivery system) (Gopalan, para. 25).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Gopalan related to storing the copy of the modified content item on the additional sharing platform and allowing access to the plurality of devices and to combine with Wang and Gopalan in order to increase the efficiency of distributing media content items that quickly become highly requested (Gopalan, para. 36).
Regarding claim 7, Wang discloses a system comprising:
input/output circuity (Wang, para. 47) configured to:
receive a request from a user device to upload a content item to at least one server of a sharing platform (Wang discloses that the activity tracker 110 may track indicators associated with digital media (content item) be used to interact by a user(s) of a client device(s)) (Wang, para. 68);
control circuitry (Wang, para. 47) configured to:
determine first anticipated level of user activity for the content item on the sharing platform based on data indicative of consumption requests made by a plurality of devices to the sharing platform (Wang discloses that the prediction may meet or exceed a popularity threshold that indicates whether the digital media will be considered long term popularity) (Wang, para. 60);
based at least in part on the first anticipated level of user activity being below threshold (Wang discloses that the analysis and prediction server 112 may signal to the notification server 114 if the threshold is not met or exceeded) (Wang, para. 61):
refrain from hosting the content item by the sharing platform (Wang discloses that the determined long term popularity track is less than the threshold, the content may be determined (refraining) as not having a long term popularity and indicates users or reader of the content of not of a high interest) (Wang, para. 71); and
identify a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification (Wang discloses that the prediction model may use initial values, but may be updated (modified) after analysis and/or prediction associated with the digital media that has been performed (second anticipated level of user activity)) (Wang, para. 56); and
wherein the input/output circuitry is further configured to:
generate for display at the user device a recommendation to modify the content item using the identified modification (Wang discloses that the analysis and prediction server 112 may update the prediction model (recommendation) as more predictions (identified modification) occur and/or as one or more additional digital media, features (modify the content item), and activity is analyzed) (Wang, para. 60).
Wang does not explicitly disclose identify a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification, wherein the second anticipated level of user activity is higher than the first anticipated level of user activity.
In analogous art, Gopalan teaches identify a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification (Gopalan discloses that the media popularity model generates a prediction of whether the media content item is likely to exceed a popularity threshold within a particular period of time and may generate a suggested content change (identifying a modification) in response to determining that the media content item is not likely to exceed the popularity threshold; the virality indicator 160 indicates that he test media item data 140 is not likely to go viral, the suggestion generator 116 may generate one or more suggested changes (modifications) to be made to increase the chances of the test media content item data 140 going viral) (Gopalan, para. 13, 34), wherein the second anticipated level of user activity is higher than the first anticipated level of user activity (Gopalan discloses that the suggestion generator 116 may generate suggested changes (modifications) that corresponds to suggested additions and/or deletions to the media content that may improve the likelihood that the test media content item data 140 will go viral) (Gopalan, para. 35).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Gopalan related to identifying a modification that would result in a second anticipated level of user activity for the content item modified using the identified modification and to combine with Wang in order to increase the efficiency of distributing media content items that quickly become highly requested (Gopalan, para. 36).
Regarding claim 8, Wang and Gopalan discloses the system of claim 7, wherein the sharing platform is a platform which stores the content item in a server from which the content item is uploaded to one or more social media platforms (Wang, para. 47) to be accessed by a plurality of users (Wang discloses that the activity tracker 110 may track and collect the number of views, clicks, shares with other users of the social media platform, or other interactions performed by one or more client devices 102 that are associated with the collected digital media) (Wang, para. 68).
Regarding claim 9, Wang and Gopalan discloses the system of claim 7, wherein the consumption requests comprise at least one of clicks, views, likes, dislikes, shares, ratings, or comments (Wang discloses that the activity tracker 110 may track and collect the number of views, clicks, shares with other users of the social media platform, or other interactions performed by one or more client devices 102 that are associated with the collected digital media) (Wang, para. 68).
Regarding claim 11, Wang and Gopalan discloses the system of claim 7, wherein the recommendation is a first recommendation (Gopalan discloses that the virality indicator 160 indicates that he test media item data 140 is not likely to go viral, the suggestion generator 116 may generate one or more suggested (recommend) changes (modifications) to be made to increase the chances of the test media content item data 140 going viral) (Gopalan, para. 34), wherein the control circuitry is further configured to:
modify, based on the first recommendation, the content item using the identified modification (Gopalan discloses that the suggestion generator 116 may generate suggested changes (modifications) that corresponds to suggested additions and/or deletions to the media content that may improve the likelihood that the test media content item data 140 will go viral) (Gopalan, para. 35);
receive a user interface selection to modify the content item using the identified modification (Gopalan discloses that the suggestion generator 116 may identify an attribute of the particular viral media content item and/or a frame of the particular viral media content item and output the attribute and/or frame to a display device) (Gopalan, para. 45);
generate, in response to the modifying the content item, a modified content item with the identified modification (Gopalan discloses that the suggestion generator 116 may generate a media popularity model based on visual information contained in the first set of media content items and in the second set of media content items) (Gopalan, para. 37);
transmit to the user device a second recommendation to share the modified content item to at least one sharing platform (Gopalan discloses that the suggestion generator 116 may generate suggested changes (modifications) that corresponds to suggested additions and/or deletions to the media content that may improve the likelihood that the test media content item data 140 will go viral) (Gopalan, para. 35).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Gopalan related to modifying the content item using the identified modification, receiving the selection to modify, generating the modified content item, and transmitting the recommendation to share the modified content item and to combine with Wang and Gopalan in order to increase the efficiency of distributing media content items that quickly become highly requested (Gopalan, para. 36).
Regarding claim 12, Wang and Gopalan discloses the system of claim 11, wherein the control circuitry is further configured to:
store a copy of the modified content item on an additional sharing platform (Gopalan discloses that when the virality indicator 160 indicates that the test media content item 140 is likely to go viral, the placement determiner 114 determines that the test media content item data 140 should be stored at one or more of the storage devices (additional sharing platforms)) (Gopalan, para. 31) wherein the additional sharing platform allows the content item to be accessed by a plurality of devices (Gopalan discloses that the computing device 102 may determine where the test media content item 140 is to be stored based on the prediction and/or suggested content changes to the content delivery system) (Gopalan, para. 25).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to take the teachings of Gopalan related to storing the copy of the modified content item on the additional sharing platform and allowing access to the plurality of devices and to combine with Wang and Gopalan in order to increase the efficiency of distributing media content items that quickly become highly requested (Gopalan, para. 36).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sun et al. (2018/0124159) and Chhabra at al. (2017/0220926) discloses the shared or sharing content within a threshold in a social network or social media.
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/ANDREW WOO/Examiner, Art Unit 2441