DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Miscellaneous
Claims pending: 1-20
Claims amended: 1, 11,
Claims cancelled: n/a
New claims: n/a
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1, 11 have been fully considered.
Regarding applicant’s remarks dated 04/01/2026, regarding currently cited references all fail to teach the amended claim(s) 1, 11.
However, upon further consideration, a new ground(s) of rejection is made in further view of Adams, see details below.
Double Patenting
Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12170823 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Application's Claim(s) 1, 11 similarly claim: A method, comprising: receiving a media asset at a media device, wherein the media asset includes action information, metadata, and a plurality of frames depicting a performance by a person; generating for display a frame of the media asset with the action information; receiving a user command to act on the action information; extracting communication data from the metadata; generating a communication command to engage in a communication session with a server based on the extracted communication data; storing the extracted communication data and the communication command; determining an end of the performance based on the metadata and facial recognition of the person; generating a signal at the media device upon determining the end of the performance; and based at least in part on detecting a trigger in the signal after the frame with the action information is displayed, executing the communication command. ….. On the other hand, Patent No. 12170823 Claim 1 claims: A method for scheduling a communication session, comprising: receiving, from a source, at a media device, a media asset comprising media data, metadata, and a video of a performance, wherein: the media data includes at least one frame comprising action information that includes destination information and a communication format; the metadata includes communication data corresponding to the action information; and the communication data comprises the destination information, the communication format, and an identification of a trigger to engage in a communication relating to the action information; determining that the performance has ended, comprising: identifying a face of a performer in a frame of the media asset; performing facial recognition on the frame containing the face of the performer to generate a first set of facial characteristics; periodically detecting whether a subsequent frame of the media asset comprises a face; performing facial recognition on the face to generate a second set of facial characteristics; comparing the first set of facial characteristics with the second set of facial characteristics; and based at least in part on determining that the second set of facial characteristics does not match the first set of facial characteristics, determining that the performance has ended; based at least in part on the determining that the performance has ended, generating, at the media device, a signal; generating for display the at least one frame comprising the action information; receiving, from a user input device, a communication command for acting on the action information while the at least one frame is being generated for display; and based at least in part on the receiving the communication command: determining that the at least one frame comprising action information is currently being generated for display; extracting from the metadata the communication data; generating a command to engage in a communication session with a server based on the destination information using the communication format; transmitting the extracted communication data and the command to a communication module; storing the extracted communication data and the command in a storage device associated with the communication module; monitoring the signal for the trigger to engage in the communication relating to the action information; and based at least in part on detecting the trigger after the at least one frame is generated for display, instructing the communication module to execute the command to act on the action information.
For that reason, Application's Claim(s) 1-20 and Patented Claim(s) 1-18, are not patentably distinct from each other, and is therefore an obvious variant thereof.
Claim(s) 1-20 of the instant application is fully encompassed by Patent No. 12170823 Claim(s) 1-18. Allowance of application claims 1, 11, would result in an unjustified time- wise extension of the monopoly granted for the invention defined by patented claim(s) 1, 10.
Therefore, obviousness-type double patenting is appropriate.
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Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1, 11, states that the “…based at least in part on detecting a trigger in the signal after the frame with the action information is displayed, automatically executing the communication command. . ..” However, no the written disclosure teach this limitation and fig 6 items 608, 612, and Fig 7. Item 706 appears to contradict.
Further action is required.
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.
Claim(s) 1-3, 11-13, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US pub 20130007827) to (Adam) in view of (US Pub) to (US Pub 20140289754) to (Riethmueller).
Regarding claim(s) 1, 11, Adam teach receiving a media asset at a media device,
communication circuitry, wherein the media asset includes action information, metadata, and a plurality of frames depicting a performance by a person; generating for display a frame of the media asset with the action information; receiving a user command to act on the action information; extracting communication data from the metadata; generating a communication command to engage in a communication session with a server based on the extracted communication data; storing the extracted communication data and the communication command; determining a facial recognition of person; generating a signal at the media device upon determining; and based at least in part on detecting a trigger in the signal after the frame with the action information is displayed, automatically executing the communication command. (broadcast content and metadata, including information such as link, phone number, telephony is the format, Fig. 8, and P. 87 of Adam teach at step S802 an option to obtain a screen image by taking a screen capture triggered by a user command of pressing a yellow button on the remote, and the screen image is then OCR-ed for information such as phone number after the screen image is generated, which allows the user to select to extract information after a command, Fig. 1A, 5, 8, 9, P. 6-15, 48-51, 71-72, 86-95,167, teach receiver receives broadcast content and metadata, including additional information such as link, phone number for the viewer to respond to, displaying broadcast frame, and receiver user command to perform OCR and extract (i.e., phone number), the extracted information can be stored for later processing, if the green button is pressed by user, then send phone number to connected second device S807, and further teaching image-based search may be facial recognition, facial recognition may be performed on one or more frames of the video to determine whether the video includes a famous person, then access to the companion feature may be provided (plurality of frames depicting a performance by a person, determining a facial recognition of person; generating a signal at media device upon determining), in addition Adams further teach P. 72, 76, 84, 88, the secondary device may be configured to initiate a browser session pointing at the URL contained in the received UPnP data packet, to automatically display a web page relevant to the current broadcast....For example, the secondary device may be configured to render information such as a web page automatically without the need for any user interaction, or If the corresponding control signal was then received, the receiver would send the telephone number to the secondary device, which could be configured to automatically dial the number without user input, ... and Fig 8, another embodiment If a device is connected, the receiver proceeds to step S807 and sends the phone number to the secondary device. The secondary device may, for example, be configured to automatically dial the number, which reads on (based at least in part on detecting a trigger in signal after frame with action information is displayed, automatically executing communication command)).
Adam fail to specifically teach determining an end of the performance based on metadata and recognition; generating a signal at media device upon determining the end of the performance.
Riethmueller Further teach determining an end of the performance based on metadata and recognition; generating a signal at media device upon determining the end of the performance. (P, 154-155, 191, 211, 268, the system can monitor for and identify the end of inning score summary graphic, and provide content related to and/or synchronized with the end of the inning (e.g., a survey question asking the viewer to vote if the manager should make a pitching change). In other embodiments, techniques of this type could be applied to many different types of live broadcast, e.g., to facilitate real time voting for contestants on reality television type games shows).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Adam by determining an end of the performance based on metadata and recognition; generating a signal at media device upon determining the end of the performance as taught by Riethmueller in order to create platform independent interactivity with media broadcasts.
Regarding claim(s) 2, 12, Adam in view of Riethmueller teach the method, the system, detecting the trigger in the signal.
Adam further teach using a trigger identifier extracted from metadata. (Fig. 8, and P. 87 of Adam teach at step S802 an option to obtain a screen image by taking a screen capture triggered by a user command of pressing a yellow button on the remote, and the screen image is then OCR-ed for information such as phone number after the screen image is generated, which allows the user to select to extract information after a command).
Regarding claim(s) 3, 13, Adam in view of Riethmueller teach the method, the system, detecting the trigger in the signal using the trigger identifier extracted from the metadata.
Riethmueller further teach monitoring metadata as it is received for trigger identifier. (P, 154-155, 191, 211, 268, the system can monitor for and identify the end of inning score summary graphic, and provide content related to and/or synchronized with the end of the inning (e.g., a survey question asking the viewer to vote if the manager should make a pitching change). In other embodiments, techniques of this type could be applied to many different types of live broadcast, e.g., to facilitate real time voting for contestants on reality television type games shows).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Adam in view of Riethmueller by monitoring metadata as it is received for trigger identifier as taught by Riethmueller in order to create platform independent interactivity with media broadcasts.
Claim(s) 4-6, 14-16, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US pub 20130007827) to (Adam) in view of (US Pub) to (US Pub 20140289754) to (Riethmueller) in view of (US 20130326552) to (Adams)
Regarding claim(s) 4, 14, Adam in view of Riethmueller teach the method, the system, determining the frame of the media asset with the action information is displayed, the plurality of frames, the action information.
Adam in view of Riethmueller fail to specifically teach nalyzing plurality of frames to identify an element in frame with action information; and determining element contains action information.
Adams further teach analyzing plurality of frames to identify an element in frame with action information; and determining element contains action information. (Fig. 6-7, P. 53-54, 63, receiver receives broadcast content and metadata, analyze to determine whether the video contains actionable text displayed in the video (such as a phone number, website address), displaying broadcast frame, and receiver user command to and extract actionable text (i.e., phone number))
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Adam in view of Riethmueller by analyzing plurality of frames to identify an element in frame with action information; and determining element contains action information as taught by Adams in order to provide ease of use for acting upon actionable content displayed in a video.
Regarding claim(s) 5, 15, Adam in view of Riethmueller in view of Adams teach the method, the system, determining the frame of the media asset with the action information is displayed, the plurality of frames, the action information.
Adams further teach analyzing plurality of frames to identify an element in frame with action information; and determining element contains action information. (Fig. 6-7, P. 53-54, 63, receiver receives broadcast content and metadata, analyze to determine whether the video contains actionable text displayed in the video (such as a phone number, website address), displaying broadcast frame, and receiver user command to extract actionable text (i.e., phone number))
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Adam in view of Riethmueller in view of Adams by analyzing plurality of frames to identify an element in frame with action information; and determining element contains action information as taught by Adams in order to provide ease of use for acting upon actionable content displayed in a video.
Regarding claim(s) 6, 16, Adam in view of Riethmueller in view of Adams teach the method, the system, the element in the frame with the action information, using the parameters extracted from the metadata.
Adams further teach identified as a particular element type of a plurality of element types; and each element type corresponds to a different communication format. (Fig. 6-7, P. 53-54, 63, receiver receives broadcast content and metadata, analyze to determine whether the video contains actionable text displayed in the video (such as a phone number, website address, information network identifier (such as a Twitter.TM. address and/or hash tag), geographic address, date, and/or electronic messaging address, and/or specific actor, etc.), which read on (each element type corresponds to a different communication format)), displaying broadcast frame, and receiver user command to extract actionable text (i.e., phone number), the extracted information can be stored for later processing)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Adam in view of Riethmueller in view of Adams by identified as a particular element type of a plurality of element types; and each element type corresponds to a different communication format as taught by Adams in order to provide ease of use for acting upon actionable content displayed in a video.
Claim(s) 7, 17, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US pub 20130007827) to (Adam) in view of (US Pub) to (US Pub 20140289754) to (Riethmueller) in view of (US 20130326552) to (Adams) in view of (US 20190066158) to (Choi).
Regarding claim(s) 7, 17, Adam in view of Riethmueller in view of Adams teach the method, the system, determining the element, the communication command,
Adam in view of Riethmueller in view of Adams fail to specifically teach contains timing information indicating when communication command may be executed; and executing the communication command is based at least in part on determining the timing information indicates the communication command may be executed.
Choi teach contains timing information indicating when communication command may be executed; and executing the communication command is based at least in part on determining the timing information indicates the communication command may be executed. (Fig 5-6, P. 79-81, determine a time point for displaying an advertisement based on plurality of recognized persons, objects and/or recognized sounds, electronic device 100 recognizes that an image 610 included in content includes a female leading actress and a young male artist and a theme song of the young male artist is being played, the electronic device 100 may display an advertisement a certain time after the image 610 is displayed so as not to disturb immersion of a user ).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Adam in view of Riethmueller in view of Adams by contains timing information indicating when communication command may be executed; and executing the communication command is based at least in part on determining the timing information indicates the communication command may be executed as taught by Choi in order to provide more accurate the AI system becomes capable of understanding user preferences.
Claim(s) 8, 18, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US pub 20130007827) to (Adam) in view of (US Pub 20140289754) to (Riethmueller) in view of to (US Pub 20060153161) to (Nishikawa).
Regarding claim(s) 8, 18, Adam in view of Riethmueller teach the method, and the system, the communication module, the communication session with the server, the communication session.
Adam further teach the communication data specifies a first communication format. (Fig. 1A, 5, 8, 9, P. 6-15, 49, 71-72, 86-95, user has multiple forms of communication format options)
Adam in view of Riethmueller fail to specifically teach engage in communication session using a second communication format; and converting communication data from first communication format to second communication format, wherein the communication command specifies to engage in communication session with server using second communication format.
Nishikawa teach engage in communication session using a second communication format; and converting communication data from first communication format to second communication format, wherein the communication command specifies to engage in communication session with server using second communication format. (Fig. 3, 5, P, 42, converting the telephone number into a URL (Uniform Resource Locators) of the gateway apparatus 70, and an IP communication circuit 33 that holds IP communications with the VoIP interface circuit 16 of the satellite digital broadcasting receiver apparatus 100 and the gateway apparatus 40 via the IP network 50 using an internet protocol, for example, SIP communication procedures or ITU-T Recommendation H.323.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Adam in view of Riethmueller by engage in communication session using a second communication format; and converting communication data from first communication format to second communication format, wherein the communication command specifies to engage in communication session with server using second communication format as taught by Nishikawa in order to ensuring transmission and receive of apparatus management information and apparatus control information to and from a management center apparatus using an IP network for connection of the satellite digital broadcasting receiver apparatus with the management center apparatus.
Claim(s) 9, 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US pub 20130007827) to (Adam) in view of (US Pub 20140289754) to (Riethmueller) in view of (US 20130326552) to (Adams) in view of to (US Pub 20060153161) to (Nishikawa).
Regarding claim(s) 9, 19, Adam in view of Riethmueller teach the method, and the system, the communication module, the communication session with the server, the communication session, second communication format from frame with action information.
Adam further teach the communication data specifies a first communication format. (Fig. 1A, 5, 8, 9, P. 6-15, 49, 71-72, 86-95, user has multiple forms of communication format options).
Adams further teach not engage in the communication session using first communication format; and based at least in part on determining the server is not configured to engage in communication session using first communication format, extracting a second communication format from frame with action information. (Fig. 6-7, P. 53-54, 63, receiver receives broadcast content and metadata, analyze to determine whether the video contains actionable text displayed in the video (such as a phone number, website address, information network identifier (such as a Twitter.TM. address and/or hash tag), geographic address, date, and/or electronic messaging address, and/or specific actor, etc.), displaying broadcast frame, and receiver user command to extract actionable text (i.e., phone number), the extracted information can be stored for later processing)
Adam in view of Riethmueller in view of Adams fail to specifically teach communication command specifies to engage in the communication session with server using second communication format.
Nishikawa teach communication command specifies to engage in communication session with server using second communication format. (Fig. 3, 5, P, 42, converting the telephone number into a URL (Uniform Resource Locators) of the gateway apparatus 70, and an IP communication circuit 33 that holds IP communications with the VoIP interface circuit 16 of the satellite digital broadcasting receiver apparatus 100 and the gateway apparatus 40 via the IP network 50 using an internet protocol, for example, SIP communication procedures or ITU-T Recommendation H.323.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Adam in view of Riethmueller in view of Adams by communication command specifies to engage in communication session with server using second communication format as taught by Nishikawa in order to ensuring transmission and receive of apparatus management information and apparatus control information to and from a management center apparatus using an IP network for connection of the satellite digital broadcasting receiver apparatus with the management center apparatus.
Claim(s) 10, 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US pub 20130007827) to (Adam) in view of (US Pub 20140289754) to (Riethmueller) in view of to (US Pub 20130132985) to (Howcroft) in view of (US 20020174430) to (Ellis).
Regarding claim(s) 10, 20, Adam in view of Riethmueller teach the method, and the system, the frame with the action information, the person of the performance,
Adam in view of Riethmueller fail to specifically teach indicates a vote may be casted for person of performance; receiving the user command to act on the action information comprises receiving the vote to be casted.
Howcroft teach indicates a vote may be casted for person of performance; receiving the user command to act on the action information comprises receiving the vote to be casted. (Fig. 5, P, 71, graphical user interface (GUI) to vote via an interactive television… cast a vote related to video content 510 shown on a display device 512, include a message 502 indicating that a particular key 504 of a remote control device 506 that communicates).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Adam in view of Riethmueller by indicates a vote may be casted for person of performance; receiving the user command to act on the action information comprises receiving the vote to be casted as taught by Howcroft in order to provide ease of voting in front of display device.
Adam in view of Riethmueller in view of Howcroft fail to specifically teach determining communication command cannot be executed; and generating for display a message indicating cannot be done.
Ellis teach determining communication command cannot be executed; and generating for display a message indicating cannot be done. (P. 470, when request cannot be executed, a graphic (e.g., an overlay or display screen) may be displayed that informs a viewer that the requested action cannot be done due to specific reasons).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Adam in view of Riethmueller in view of Howcroft by determining communication command cannot be executed; and generating for display a message indicating cannot be done as taught by Ellis in order to provide ease of simplifying the use of interactive functions while providing additional functionality to television viewers.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONG LE whose telephone number is (571)270-7637. The examiner can normally be reached M-F (9 am - 6pm).
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/RONG LE/Primary Examiner, Art Unit 2421
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