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 .
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); 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,149,771 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1-20 are anticipated by the conflicting patented claims 1-20 as shown in the table below. The difference between the instant claims 1, 10 and 16 and the conflicting patented claims 1, 9 and 15 is that the conflicting patented claims are narrower in scope and fall within the scope of the instant claims. Thus, the species or sub-genus claimed in the conflicting patent anticipates the instant examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Instant Application 18/907,650
Patent US 12,149,771 B2
1. A media device, comprising: a memory; and at least one processor communicatively coupled to the memory and configured to: cause a content of a data stream to be played on a television (TV); identify at least one appropriate accessory device, wherein the TV and the media device are communicatively coupled to the at least one appropriate accessory device via a network; and transmit at least one non-TV experience trigger of the data stream to the at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) a length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device based on a characterization of the network and (2) a length of time that the at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend playback of the content beyond the TV.
1. A media device, comprising: a memory; and at least one processor communicatively coupled to the memory and configured to: receive a data stream containing content and at least one non-television (non-TV) experience trigger; cause the content to be played on a TV; identify at least one appropriate accessory device, wherein the TV and the media device are communicatively coupled to the at least one appropriate accessory device via a network; characterize the network based on presence or absence of acknowledgments in the network; and transmit the at least one non-TV experience trigger to the at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) a length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device based on the characterization of the network and (2) a length of time that the at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend playback of the content beyond the TV.
2. The media device of claim 1, wherein the at least one non-TV experience trigger specifies that the at least one appropriate accessory device is physically remote from the media device and the TV.
2. The media device of claim 1, wherein the at least one non-TV experience trigger specifies that the at least one appropriate accessory device is physically remote from the media device and the TV.
3. The media device of claim 1, wherein to identify the at least one appropriate accessory device, the at least one processor is configured to identify the at least one appropriate accessory device based on the at least one appropriate accessory device being physically remote from the media device and the TV as specified by the at least one non-TV experience trigger.
3. The media device of claim 1, wherein to identify the at least one appropriate accessory device, the at least one processor is configured to identify the at least one appropriate accessory device based on the at least one appropriate accessory device being physically remote from the media device and the TV as specified by the at least one non-TV experience trigger.
4. The media device of claim 1, wherein the at least one processor is further configured to monitor network traffic of the network for presence or absence of acknowledgments in the network.
4. The media device of claim 1, wherein the at least one processor is further configured to monitor network traffic of the network for the presence or absence of acknowledgments in the network.
5. The media device of claim 1, wherein the at least one processor is further configured to determine the length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device via the network based on the characterization of the network.
5. The media device of claim 1, wherein the at least one processor is further configured to determine the length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device via the network based on the characterization of the network.
6. The media device of claim 1, wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the at least one processor is configured to receive the metadata with the data stream.
6. The media device of claim 1, wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the at least one processor is configured to receive the metadata with the data stream.
7. The media device of claim 1, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein to transmit the at least one non-TV experience trigger, the at least one processor is further configured to: identify first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identify a second accessory device among the first accessory devices that are located in or proximate to a media system containing the media device.
7. The media device of claim 1, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein to transmit the at least one non-TV experience trigger, the at least one processor is further configured to: identify first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identify a second accessory device among the first accessory devices that are located in or proximate to a media system containing the media device.
8. The media device of claim 1, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein to transmit the at least one non-TV experience trigger, the at least one processor is further configured to: identify first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identify a second accessory device among the first accessory devices that are located distant from a media system containing the media device or are associated with a specific user.
8. The media device of claim 1, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein to transmit the at least one non-TV experience trigger, the at least one processor is further configured to: identify first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identify a second accessory device among the first accessory devices that are located distant from a media system containing the media device or are associated with a specific user.
9. The media device of claim 1, wherein the at least one processor is further configured to: receive the data stream containing the content and the at least one non-TV experience trigger; and characterize the network based on presence or absence of acknowledgments in the network.
1. A media device… configured to: receive a data stream containing content and at least one non-television (non-TV) experience trigger… characterize the network based on presence or absence of acknowledgments in the network…
10. A method to be performed by a media device for extending playback of content beyond a television (TV), the method comprising: causing, by at least one computer processor, content of a data stream to be played on the TV; identifying at least one appropriate accessory device, wherein the TV and the media device are communicatively coupled to the at least one appropriate accessory device via a network; and transmitting at least one non-TV experience trigger of the data stream to the at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) a length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device based on a characterization of the network and (2) a length of time that the at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend the playback of the content beyond the TV.
9. A method to be performed by a media device for extending playback of content beyond a television (TV), the method comprising: receiving a data stream containing content and at least one non-TV experience trigger; causing the content to be played on the TV; identifying at least one appropriate accessory device, wherein the TV and the media device are communicatively coupled to the at least one appropriate accessory device via a network; characterizing the network based on presence or absence of acknowledgments in the network; and transmitting the at least one non-TV experience trigger to the at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) a length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device based on the characterization of the network and (2) a length of time that the at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend the playback of the content beyond the TV.
11. The method of claim 10, wherein: the at least one non-TV experience trigger specifies that the at least one appropriate accessory device is physically remote from the media device and the TV, and identifying the at least one appropriate accessory device comprises identifying the at least one appropriate accessory device based on the at least one appropriate accessory device being physically remote from the media device and the TV as specified by the at least one non-TV experience trigger.
10. The method of claim 9, wherein: the at least one non-TV experience trigger specifies that the at least one appropriate accessory device is physically remote from the media device and the TV, and identifying the at least one appropriate accessory device comprises identifying the at least one appropriate accessory device based on the at least one appropriate accessory device being physically remote from the media device and the TV as specified by the at least one non-TV experience trigger.
12. The method of claim 10, further comprising: receiving the data stream containing the content and the at least one non-TV experience trigger; monitoring network traffic of the network for presence or absence of acknowledgments in the network; and determining the length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device via the network based on the characterization of the network.
9. A method…comprising: receiving a data stream containing content and at least one non-TV experience trigger…
11. The method of claim 9, further comprising: monitoring network traffic of the network for the presence or absence of acknowledgments in the network; and determining the length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device via the network based on the characterization of the network.
13. The method of claim 10, wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the method further comprises receiving the metadata with the data stream.
12. The method of claim 9, wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the method further comprises receiving the metadata with the data stream.
14. The method of claim 10, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein the transmitting the at least one non-TV experience trigger comprises: identifying first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identifying a second accessory device among the first accessory devices that are located in or proximate to a media system containing the media device.
13. The method of claim 9, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein the transmitting the at least one non-TV experience trigger comprises: identifying first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identifying a second accessory device among the first accessory devices that are located in or proximate to a media system containing the media device.
15. The method of claim 10, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein the transmitting the at least one non-TV experience trigger comprises: identifying first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identifying a second accessory device among the first accessory devices that are located distant from a media system containing the media device or are associated with a specific user.
14. The method of claim 9, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein the transmitting the at least one non-TV experience trigger comprises: identifying first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identifying a second accessory device among the first accessory devices that are located distant from a media system containing the media device or are associated with a specific user.
16. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device in a media device, cause the at least one computing device to perform operations to extend playback of content beyond a television (TV), the operations comprising: causing a content of a data stream to be played on the TV; identifying at least one appropriate accessory device, wherein the TV and the media device are communicatively coupled to the at least one appropriate accessory device via a network; and transmitting at least one non-TV experience trigger of the data stream to the at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) a length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device based on a characterization of the network and (2) a length of time that the at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend the playback of the content beyond the TV.
15. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device in a media device, cause the at least one computing device to perform operations to extend playback of content beyond a television (TV), the operations comprising: receiving a data stream containing content and at least one non-TV experience trigger; causing the content to be played on the TV; identifying at least one appropriate accessory device, wherein the TV and the media device are communicatively coupled to the at least one appropriate accessory device via a network; characterizing the network based on presence or absence of acknowledgments in the network; and transmitting the at least one non-TV experience trigger to the at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) a length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device based on the characterization of the network and (2) a length of time that the at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend the playback of the content beyond the TV.
17. The non-transitory computer-readable medium of claim 16, wherein: the at least one non-TV experience trigger specifies that the at least one appropriate accessory device is physically remote from the media device and the TV, and identifying the at least one appropriate accessory device comprises identifying the at least one appropriate accessory device based on the at least one appropriate accessory device being physically remote from the media device and the TV as specified by the at least one non-TV experience trigger.
16. The non-transitory computer-readable medium of claim 15, wherein: the at least one non-TV experience trigger specifies that the at least one appropriate accessory device is physically remote from the media device and the TV, and identifying the at least one appropriate accessory device comprises identifying the at least one appropriate accessory device based on the at least one appropriate accessory device being physically remote from the media device and the TV as specified by the at least one non-TV experience trigger.
18. The non-transitory computer-readable medium of claim 16, the operations further comprising: receiving the data stream containing the content and the at least one non-TV experience trigger; monitoring network traffic of the network for presence or absence of acknowledgments in the network; and determining the length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device via the network based on the characterization of the network.
15. A non-transitory computer-readable medium …the operations comprising: receiving a data stream containing content and at least one non-TV experience trigger…
17. The non-transitory computer-readable medium of claim 15, the operations further comprising: monitoring network traffic of the network for the presence or absence of acknowledgments in the network; and determining the length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device via the network based on the characterization of the network.
19. The non-transitory computer-readable medium of claim 16, wherein: the at least one appropriate accessory device is separate and distinct from a media system containing the media device, the at least one non-TV experience trigger is included in metadata associated with the content, and the operations further comprise receiving the metadata with the data stream.
18. The non-transitory computer-readable medium of claim 15, wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the operations further comprise receiving the metadata with the data stream.
19. The non-transitory computer-readable medium of claim 15, wherein the at least one appropriate accessory device is separate and distinct from a media system containing the media device.
20. The non-transitory computer-readable medium of claim 16, wherein the operations further comprising: transmitting the content to the TV to be played on the TV as the media device receives the data stream; or storing the content before causing the content to be played on the TV.
20. The non-transitory computer-readable medium of claim 15, wherein the operations further comprising: transmitting the content to the TV to be played on the TV as the media device receives the data stream; or storing the content before causing the content to be played on the TV.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6, 8-11, 13, 15, 19 and 20 of U.S. Patent No. US 11,483,611 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1-19 are anticipated by the conflicting patented claims 1-4, 6, 8-11, 13, 15, 19 and 20 as shown in the table below. The difference between the instant claims 1, 10 and 16 and the conflicting patented claims 1, 8 and 15 is that the conflicting patented claims are narrower in scope and fall within the scope of the instant claims. Thus, the species or sub-genus claimed in the conflicting patent anticipates the instant examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Instant Application 18/907,650
Patent US 11,483,611 B2
1. A media device, comprising: a memory; and at least one processor communicatively coupled to the memory and configured to: cause a content of a data stream to be played on a television (TV); identify at least one appropriate accessory device, wherein the TV and the media device are communicatively coupled to the at least one appropriate accessory device via a network; and transmit at least one non-TV experience trigger of the data stream to the at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) a length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device based on a characterization of the network and (2) a length of time that the at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend playback of the content beyond the TV.
1. A media device, comprising: a memory; and at least one processor communicatively coupled to the memory and configured to: receive a data stream containing content and at least one non-television (non-TV) experience trigger, wherein the at least one non-TV experience trigger specifies that at least one appropriate accessory device is physically remote from the media device and a TV; cause the content to be played on the TV for a first user; identify said at least one appropriate accessory device associated with a second user, based on said at least one appropriate accessory device being physically remote from the media device and the TV, as specified by the at least one non-TV experience trigger, and wherein the TV and the media device are communicatively coupled to said at least one appropriate accessory device via a network; monitor network traffic of the network for a presence or absence of acknowledgments in the network; characterize the network based on the presence or absence of the acknowledgments in the network; determine a length of time the network will take to deliver the at least one non-TV experience trigger to said at least one appropriate accessory device via the network based on the characterization of the network; and transmit the at least one non-TV experience trigger to said at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) the length of time the network will take to deliver the at least one non-TV experience trigger to said at least one appropriate accessory device and (2) a length of time that said at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend playback of the content beyond the TV.
2. The media device of claim 1, wherein the at least one non-TV experience trigger specifies that the at least one appropriate accessory device is physically remote from the media device and the TV.
1. A media device, comprising…wherein the at least one non-TV experience trigger specifies that at least one appropriate accessory device is physically remote from the media device and a TV…
3. The media device of claim 1, wherein to identify the at least one appropriate accessory device, the at least one processor is configured to identify the at least one appropriate accessory device based on the at least one appropriate accessory device being physically remote from the media device and the TV as specified by the at least one non-TV experience trigger.
1. A media device…configured to…identify said at least one appropriate accessory device associated with a second user, based on said at least one appropriate accessory device being physically remote from the media device and the TV, as specified by the at least one non-TV experience trigger…
4. The media device of claim 1, wherein the at least one processor is further configured to monitor network traffic of the network for presence or absence of acknowledgments in the network.
1. A media device…configured to...monitor network traffic of the network for a presence or absence of acknowledgments in the network…
5. The media device of claim 1, wherein the at least one processor is further configured to determine the length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device via the network based on the characterization of the network.
1. A media device…configured to...determine a length of time the network will take to deliver the at least one non-TV experience trigger to said at least one appropriate accessory device via the network based on the characterization of the network…
6. The media device of claim 1, wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the at least one processor is configured to receive the metadata with the data stream.
6. The media device of claim 1, wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the metadata is received with the data stream.
7. The media device of claim 1, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein to transmit the at least one non-TV experience trigger, the at least one processor is further configured to: identify first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identify a second accessory device among the first accessory devices that are located in or proximate to a media system containing the media device.
2. The media device of claim 1, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices…
3. The media device of claim 2, wherein to analyze the at least one non-TV experience trigger to identify said at least one appropriate accessory device, the at least one processor is further configured to: identify first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identify second accessory devices among the first accessory devices that are located in or proximate to a media system containing the media device.
8. The media device of claim 1, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein to transmit the at least one non-TV experience trigger, the at least one processor is further configured to: identify first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identify a second accessory device among the first accessory devices that are located distant from a media system containing the media device or are associated with a specific user.
2. The media device of claim 1, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices…
4. The media device of claim 2, wherein to analyze the at least one non-TV experience trigger to identify said at least one appropriate accessory device, the at least one processor is further configured to: identify first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identify second accessory devices among the first accessory devices that are located distant from a media system containing the media device or are associated with a specific user.
9. The media device of claim 1, wherein the at least one processor is further configured to: receive the data stream containing the content and the at least one non-TV experience trigger; and characterize the network based on presence or absence of acknowledgments in the network.
1. A media device…configured to…receive a data stream containing content and at least one non-television (non-TV) experience trigger…characterize the network based on the presence or absence of the acknowledgments in the network…
10. A method to be performed by a media device for extending playback of content beyond a television (TV), the method comprising: causing, by at least one computer processor, content of a data stream to be played on the TV; identifying at least one appropriate accessory device, wherein the TV and the media device are communicatively coupled to the at least one appropriate accessory device via a network; and transmitting at least one non-TV experience trigger of the data stream to the at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) a length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device based on a characterization of the network and (2) a length of time that the at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend the playback of the content beyond the TV.
8. A method in a media device for extending playback of content beyond a television (TV), comprising: receiving a data stream containing content and at least one non-TV experience trigger, wherein the at least one non-TV experience trigger specifies that at least one appropriate accessory device is physically remote from the media device and the TV; causing the content to be played on the TV for a first user; identifying said at least one appropriate accessory device associated with a second user based on said at least one appropriate accessory device being physically remote from the media device and the TV, as specified by the at least one non-TV experience trigger; and wherein the TV and the media device are communicatively coupled to said at least one appropriate accessory device via a network; monitoring network traffic of the network for a presence or absence of acknowledgments in the network; characterizing the network based on the presence or absence of the acknowledgments in the network; determining a length of time the network will take to deliver the at least one non-TV experience trigger to said at least one appropriate accessory device via the network based on the characterization of the network; and transmitting the at least one non-TV experience trigger to said at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) the length of time the network will take to deliver the at least one non-TV experience trigger to said at least one appropriate accessory device and (2) a length of time that said at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend playback of the content beyond the TV.
11. The method of claim 10, wherein: the at least one non-TV experience trigger specifies that the at least one appropriate accessory device is physically remote from the media device and the TV, and identifying the at least one appropriate accessory device comprises identifying the at least one appropriate accessory device based on the at least one appropriate accessory device being physically remote from the media device and the TV as specified by the at least one non-TV experience trigger.
8. A method…comprising…receiving a data stream containing content and at least one non-TV experience trigger, wherein the at least one non-TV experience trigger specifies that at least one appropriate accessory device is physically remote from the media device and the TV…identifying said at least one appropriate accessory device associated with a second user based on said at least one appropriate accessory device being physically remote from the media device and the TV, as specified by the at least one non-TV experience trigger…
12. The method of claim 10, further comprising: receiving the data stream containing the content and the at least one non-TV experience trigger; monitoring network traffic of the network for presence or absence of acknowledgments in the network; and determining the length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device via the network based on the characterization of the network.
8. A method…comprising…receiving a data stream containing content and at least one non-TV experience trigger…monitoring network traffic of the network for a presence or absence of acknowledgments in the network…determining a length of time the network will take to deliver the at least one non-TV experience trigger to said at least one appropriate accessory device via the network based on the characterization of the network…
13. The method of claim 10, wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the method further comprises receiving the metadata with the data stream.
13. The method of claim 8, wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the metadata is received with the data stream.
14. The method of claim 10, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein the transmitting the at least one non-TV experience trigger comprises: identifying first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identifying a second accessory device among the first accessory devices that are located in or proximate to a media system containing the media device.
9. The method of claim 8, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices…
10. The method of claim 9, wherein the analyzing the at least one non-TV experience trigger to identify said at least one appropriate accessory device comprises: identifying first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identifying second accessory devices among the first accessory devices that are located in or proximate to a media system containing the media device.
15. The method of claim 10, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices, and wherein the transmitting the at least one non-TV experience trigger comprises: identifying first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identifying a second accessory device among the first accessory devices that are located distant from a media system containing the media device or are associated with a specific user.
9. The method of claim 8, wherein the network communicatively couples the media device with at least some of a plurality of accessory devices…
11. The method of claim 9, wherein the analyzing the at least one non-TV experience trigger to identify said at least one appropriate accessory device comprises: identifying first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identifying second accessory devices among the first accessory devices that are located distant from a media system containing the media device or are associated with a specific user.
16. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device in a media device, cause the at least one computing device to perform operations to extend playback of content beyond a television (TV), the operations comprising: causing a content of a data stream to be played on the TV; identifying at least one appropriate accessory device, wherein the TV and the media device are communicatively coupled to the at least one appropriate accessory device via a network; and transmitting at least one non-TV experience trigger of the data stream to the at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) a length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device based on a characterization of the network and (2) a length of time that the at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend the playback of the content beyond the TV.
15. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device in a media device, cause the at least one computing device to perform operations to extend playback of content beyond a television (TV), the operations comprising: receiving a data stream containing content and at least one non-TV experience trigger, wherein the at least one non-TV experience trigger specifies that at least one appropriate accessory device is physically-remote from the media device and the TV; causing the content to be played on the TV for a first user; identifying said at least one appropriate accessory device associated with a second user, based on said at least one appropriate accessory device being physically remote from the media device and the TV, as specified by the at least one non-TV experience trigger, and wherein the TV and the media device are communicatively coupled to said at least one appropriate accessory device via a network; monitoring network traffic of the network for a presence or absence of acknowledgments in the network; characterizing the network based on the presence or absence of the acknowledgments in the network; determining a length of time the network will take to deliver the at least one non-TV experience trigger to said at least one appropriate accessory device via the network based on the characterization of the network; and transmitting the at least one non-TV experience trigger to said at least one appropriate accessory device via the network in a manner synchronous with playing the content on the TV based on (1) the length of time the network will take to deliver the at least one non-TV experience trigger to said at least one appropriate accessory device and (2) a length of time that said at least one appropriate accessory device will take to execute the at least one non-TV experience trigger, to thereby extend playback of the content beyond the TV.
17. The non-transitory computer-readable medium of claim 16, wherein: the at least one non-TV experience trigger specifies that the at least one appropriate accessory device is physically remote from the media device and the TV, and identifying the at least one appropriate accessory device comprises identifying the at least one appropriate accessory device based on the at least one appropriate accessory device being physically remote from the media device and the TV as specified by the at least one non-TV experience trigger.
15. A non-transitory computer-readable medium…wherein the at least one non-TV experience trigger specifies that at least one appropriate accessory device is physically-remote from the media device and the TV… identifying said at least one appropriate accessory device associated with a second user, based on said at least one appropriate accessory device being physically remote from the media device and the TV, as specified by the at least one non-TV experience trigger…
18. The non-transitory computer-readable medium of claim 16, the operations further comprising: receiving the data stream containing the content and the at least one non-TV experience trigger; monitoring network traffic of the network for presence or absence of acknowledgments in the network; and determining the length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device via the network based on the characterization of the network.
15. A non-transitory computer-readable medium…receiving a data stream containing content and at least one non-TV experience trigger…monitoring network traffic of the network for a presence or absence of acknowledgments in the network…determining a length of time the network will take to deliver the at least one non-TV experience trigger to said at least one appropriate accessory device via the network based on the characterization of the network…
19. The non-transitory computer-readable medium of claim 16, wherein: the at least one appropriate accessory device is separate and distinct from a media system containing the media device, the at least one non-TV experience trigger is included in metadata associated with the content, and the operations further comprise receiving the metadata with the data stream.
19. The non-transitory computer-readable medium of claim 15, wherein said at least one appropriate accessory device is separate and distinct from a media system containing the media device.
20. The non-transitory computer-readable medium of claim 15, wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the metadata is received with the data stream.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Mickelsen et al. (US 20140267906 A1*) in view of Zhu et al. (US 20170325129 A1*). [*U.S. Patent documents from IDS dated 10/07/2024] and further in view of Yun et al. (US 20100104255 A1).
Regarding claim 1, Mickelsen teaches a media device (device 10), comprising:
a memory; and at least one processor communicatively coupled to the memory (within device 10 - see figures 2-3) and configured to:
cause the content to be played on a TV (displaying the video content on TV 20 to a viewer at the viewing location – see FIGs. 2-3 and 0017);
identify at least one appropriate accessory device, wherein the TV and the media device are communicatively coupled to the at least one appropriate accessory device a network; (identifying at least one accessory device 16/18, wherein TV 20 and device 10 are communicatively coupled to the at least one accessory device 16/18 via a network 12/14 – FIGs. 2-3, 0013-0015, 0022, 0023, 0044 and 0048).
Mickelsen teaches transmitting the at least one non-TV experience trigger to said at least one appropriate accessory device in a manner synchronous with playing the content on the TV to thereby extend playback of the content beyond the TV (the system determines when the commands associated with cue/metadata tag should be sent to the appropriate devices, e.g., sending the commands to the appropriate devices with respect to lead time so that the effects of the devices are properly synced with the content presentation. See Mickelsen: 0007, 0032, 0038, 0039, 0041, 0042, 0047-0048).
Mickelsen lacks to teach transmitting the at least one non-TV experience trigger based on 1) a length of time the network will take to deliver the at least one non-TV experience trigger to said at least one appropriate accessory device based on a characterization of the network and 2) a length of time that the at least one appropriate accessory device will take to execute the at least one non-TV experience trigger.
Zhu teaches determining the condition of a network based on response message or no response message in the network, and determining a length of time it takes for a signal to be sent based on the response message, e.g., round-trip time, reflecting the condition of the network for data delivery over the network. See 0027, 0041, 0055, 0057, 0067, 0084, 0089, 0090-0091. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Mickelsen by transmitting data based on a length of time the network will take for data delivery regarding to a characterization of the network as taught or suggested by Zhu for the purpose of transmitting data based on expected delivery time to efficiently optimize network performance.
Yun teaches determining an execution time for a controlled device to execute a control command for implementing the effect and transmitting the control command to the controlled device for implementing the effect in synchronization with playing of the orchestral media. See 0007, 0008, 0050-0052. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Mickelsen and Zhu by transmitting a trigger (control command) based on a length of time that a device will take to execute the trigger as taught or suggested by Yun in order to efficiently manage devices to make effects synchronized with playing the media content.
Regarding claim 2, Mickelsen teaches that wherein the at least one non-TV experience trigger specifies that at least one appropriate accessory device is physically remote from the media device and a TV (the at least one identified device personal to the user is physically remote from device 10 and TV 20 – see FIGs. 2-3).
Regarding claim 3, Mickelsen teaches that the at least one processor is configured to identify the at least one appropriate accessory device based on the at least one appropriate accessory device being physically remote from the media device and the TV as specified by the at least one non-TV experience trigger (at least one cue/metadata tag associated with a specific command for at least one identified device personal to a user, wherein the at least one identified device personal to the user is physically remote from device 10 and TV 20 – see 0007, 0012, 0022, 0025, 0033, 0036, 0038, 0041, 0042, 0044, 0047, and FIGs. 2-3).
Regarding claim 4, Mickelsen in view of Zhu teaches that wherein the at least one processor is further configured to monitor network traffic of the network for the presence or absence of acknowledgments in the network (e.g., packet loss, network congestion. See Zhu: 0027, 0030, 0039, 0055, 0077-0080, 0083).
Regarding claim 5, Mickelsen in view of Zhu teaches that wherein the at least one processor is further configured to determine a length of time the network will take to deliver the at least one non-TV experience trigger to the at least one appropriate accessory device via the network based on the characterization of the network (determining a length of time it takes for a signal to be sent based on the response message, e.g., round-trip time, reflecting the condition of the network for data delivery over the network. See Zhu: 0027, 0041, 0055, 0057, 0067, 0084, 0089, 0090-0091).
Regarding claim 6, Mickelsen teaches that wherein the at least one non-TV experience trigger is included in metadata associated with the content, and the at least one processor is configured to receive the metadata with the data stream (see 0012 and 0025).
Regarding claim 7, Mickelsen teaches that wherein the network communicatively couples the media device with at least some of a plurality of accessory devices (network 14 couples to device 10 with some of a plurality of personal devices – see FIG. 2), and wherein to provide the at least one non-TV experience trigger, the at least one processor is further configured to: identify first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identify second accessory devices among the first accessory devices that are located in or proximate to a media system containing the media device (module 46 queries the viewing location devices database 42 and the personal user device database 44 to get the address, activation commands, capability, and type of effect for each identified device which can be used, and analyzes the command associated with the cue/metadata tag to determine what an appropriate device from a plurality of devices 16 and/or 18 to provide the effect, and identifies one or more devices 16 located in or proximate to a media system comprising device 10 – see FIG. 2, 0017, 0018, 0022, 0033, 0037, 0038, 0041, 0042, 0044, and 0047).
Regarding claim 8, Mickelsen teaches that wherein the network communicatively couples the media device with at least some of a plurality of accessory devices (network 14 couples to device 10 with some of a plurality of personal devices – see FIG. 2), and wherein to provide the at least one non-TV experience trigger, the at least one processor is further configured to: identify first accessory devices among the plurality of accessory devices that have capabilities supporting the at least one non-TV experience trigger; and identify second accessory devices among the first accessory devices that are located distant from a media system containing the media device or are associated with a specific user (module analyzes the command associated with the cue/metadata tag to determine what an appropriate device from a plurality of devices 16 and/or 18 to provide the corresponding effect, and identifies one or more personal devices that are located distant from a media system comprising 10 or are associated with a specific user, e.g., cell phone, smartphone, tablet…etc – see FIG. 2, 0017, 0018, 0022, 0031, 0033, 0037, 0038, 0041, 0042, 0044, and 0047).
Regarding claim 9, Mickelsen in combination with Zhu teaches that the at least one processor is further configured to receive a data stream containing content and at least one non-television (non-TV) experience trigger (receiving content stream comprising video content and cues/metadata tags – see Mickelsen: 0012, 0025, 0033, 0036, 0038, 0039 and FIGs. 2-3); and characterize the network based on presence or absence of acknowledgments in the network (determining the condition of a network based on response message or no response message in the network. See Zhu: 0027, 0041, 0055, 0057, 0067, 0084, 0089, 0090-0091).
Regarding claims 10 and 16, see rejection of claim 1.
Regarding claims 11 and 17, see rejection of claims 2-3.
Regarding claim 12 and 18, see rejection of claims 4-5.
Regarding claim 13, see rejection of claim 6.
Regarding claim 14, see rejection of claim 7.
Regarding claim 15, see rejection of claim 8.
Regarding claim 19, Mickelsen teaches that wherein said at least one appropriate accessory device is separate and distinct from a media system containing the media device, the at least one non-TV experience trigger is included in metadata associated with the content, and the operations further comprise receiving the metadata with the data stream (receiving content stream comprising video content and cues/metadata tags – see 0012, 0017, 0025, 0033, 0036, 0038, 0039 and FIGs. 2-3).
Regarding claim 20, Mickelsen teaches transmitting the content to the TV to be played on the TV as the media device receives the data stream; or storing the content before causing the content to be played on the TV (see FIGs 2-3, 0016, 0017, 0043).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Levesque (US 20170147067 A1) teaches a method for execution of the plurality of haptic instructions to be synchronized with the display of the visual content on the flexible display device.
Nocon (US 20190064924 A1) teaches systems and methods to synchronize visual effects and haptic feedback for interactive experiences.
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/NGOC K VU/Primary Examiner, Art Unit 2421