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 .
Claim Rejections - 35 USC § 103
2. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
3. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-5, 8-9, 11-15, 18, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. No. 2004/0264789 A1 to Akiyama et al. (“Akiyama”), and further in view of U.S. Patent Pub. No 9247313 B1 to Lewis et al. (“Lewis”).
As to claim 2, Akiyama teaches a method comprising: transmitting a media content for play at a client device; receiving a user interface input to change a play location of the media content from a first time position to a second time position (¶0049he image navigation display 600 further includes an image window 620 for displaying a large navigation image 622, which corresponds to a selected one of the small navigation images 632A-632D. Adjacent the large navigation image 622 within the image window 620 is metadata including the date 624 (e.g., Aug. 14, 2002 in the example shown in FIG. 5) that the file was captured by the digital camera 300, and the length 626 (e.g., 1 min. 20 sec. in the example shown in FIG. 5) of the motion image sequence. Below the image window 620 is a playback control area 640 having a plurality of control icons, including a "PLAY" icon 642, a "fast-forward" icon 644, a "reverse" icon 646, and a "fast-reverse" icon 648. The "reverse" icon 646 and the "fast-reverse" icon 648 are not selectable in the image navigation display 600 of FIG. 5 since the image window 620 is currently displaying the first frame of the motion image sequence, so there are no "previous" image frames); animation sequence based on frames of the media content extracted between the first time position and the second time position (Fig. 3B, 4 and 5, ¶0030, ¶0031);
Lewis teaches generating for display the created motion animation sequence, wherein frames of the created motion animation sequence are played in the identified direction (Fig. 3D, Col. 7, ll. 60-Col. 8, ll. 23, banner advertisement format presentation on client device 150. Video application 310 on client device 150 is playing an elephant video which has advertisement 320 in a banner advertisement format. It is to be appreciated that a banner advertisement can comprise text, graphics, images, animations, video, and/or audio and are typically placed at/near a border of content being presented. FIG. 3B is a non-limiting example of an animated advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 330 overlaid in an animated advertisement format. It is to be appreciated that an animation advertisement can comprise a series of frames of text, graphics, images and/or audio to form an animation. FIG. 3C is a non-limiting example of a video advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 340 presented during a buffer wait time in a video advertisement format. A video advertisement comprises a video. FIG. 3D is a non-limiting example of an interactive advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 350 overlaid in an interactive advertisement format with selectable element 355 that a user can select to make the surfer fall. It is to be appreciated that an interactive advertisement can text, graphics, images, animations, video, and/or audio and has a mechanism that allows for user interaction with the advertisement (e.g. survey, button, hyperlink, game, or any other suitable user interactive element). FIG. 3E is a non-limiting example of a text advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 360 overlaid in a text advertisement format. A text advertisement only displays text. FIG. 3F is a non-limiting example of an image advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 370 overlaid in an image advertisement format. An image advertisement only displays a static image. It is to be appreciated advertisements 320, 330, 340, 350, 360, and 370 can be located at any suitable location on the display(s) of client device 150 and presented at any suitable time with playback of a video. Furthermore, an advertisement can comprise a mix of one or more advertisement formats. Additionally, an advertisement format can include a pre-downloaded or cached advertisement on client device 150). At the time of the invention it would have been obvious to one of ordinary skill in the art to modify the teachings of Vallone and Akiyama with Lewis. The suggestion/motivation would be employing bandwidth factors to determine, infer, or predict a client device buffer wait time or a client device buffer ratio associated with video playback on a client device to select an advertisement format for the video and select an advertisement to accompany the video based upon the format.
As to claim 3, Akiyama and Lewis teaches the method of claim 2 wherein identifying the direction of the change in the play location of the media content comprises: identifying that the first time position is before the second time position; and determining the direction is forward (Lewis, Fig. 2, Col. 6, ll. 35-65).
As to claim 4, Akiyama and Lewis teaches the method of claim 2 wherein identifying the direction of the change in the play location of the media content comprises: identifying that the first time position is after the second time position; and determining the direction is revers(Lewis, Fig. 2, Col. 6, ll. 35-65).
As to claim 5, Akiyama and Lewis teaches the method of claim 2, further comprising: downloading, a plurality of key frames, wherein the plurality of key frames are stored as a plurality of low resolution images; and extracting, a subset of the plurality of low resolution images representing the frames of the media content between the first time position and the second time position (Lewis, Fig. 2, Col. 6, ll. 35-60).
As to claim 8, Akiyama and Lewis teaches the method of claim 2, wherein the created motion animation sequence is displayed for a predetermined amount of time (Lewis, Fig. 3D, Col. 7, ll. 60-Col. 8, ll. 23, banner advertisement format presentation on client device 150. Video application 310 on client device 150 is playing an elephant video which has advertisement 320 in a banner advertisement format. It is to be appreciated that a banner advertisement can comprise text, graphics, images, animations, video, and/or audio and are typically placed at/near a border of content being presented. FIG. 3B is a non-limiting example of an animated advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 330 overlaid in an animated advertisement format. It is to be appreciated that an animation advertisement can comprise a series of frames of text, graphics, images and/or audio to form an animation. FIG. 3C is a non-limiting example of a video advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 340 presented during a buffer wait time in a video advertisement format. A video advertisement comprises a video. FIG. 3D is a non-limiting example of an interactive advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 350 overlaid in an interactive advertisement format with selectable element 355 that a user can select to make the surfer fall. It is to be appreciated that an interactive advertisement can text, graphics, images, animations, video, and/or audio and has a mechanism that allows for user interaction with the advertisement (e.g. survey, button, hyperlink, game, or any other suitable user interactive element). FIG. 3E is a non-limiting example of a text advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 360 overlaid in a text advertisement format. A text advertisement only displays text. FIG. 3F is a non-limiting example of an image advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 370 overlaid in an image advertisement format. An image advertisement only displays a static image. It is to be appreciated advertisements 320, 330, 340, 350, 360, and 370 can be located at any suitable location on the display(s) of client device 150 and presented at any suitable time with playback of a video. Furthermore, an advertisement can comprise a mix of one or more advertisement formats. Additionally, an advertisement format can include a pre-downloaded or cached advertisement on client device 150).
As to claim 9, Akiyama and Lewis teaches the method of claim 8, wherein the predetermined amount of time is set by: determining a network condition; based at least in part on the network condition, determining a buffer time duration; and setting the predetermined amount of time to the buffer time duration (Lewis, Fig. 3D, Col. 7, ll. 60-Col. 8, ll. 23, banner advertisement format presentation on client device 150. Video application 310 on client device 150 is playing an elephant video which has advertisement 320 in a banner advertisement format. It is to be appreciated that a banner advertisement can comprise text, graphics, images, animations, video, and/or audio and are typically placed at/near a border of content being presented. FIG. 3B is a non-limiting example of an animated advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 330 overlaid in an animated advertisement format. It is to be appreciated that an animation advertisement can comprise a series of frames of text, graphics, images and/or audio to form an animation. FIG. 3C is a non-limiting example of a video advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 340 presented during a buffer wait time in a video advertisement format. A video advertisement comprises a video. FIG. 3D is a non-limiting example of an interactive advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 350 overlaid in an interactive advertisement format with selectable element 355 that a user can select to make the surfer fall. It is to be appreciated that an interactive advertisement can text, graphics, images, animations, video, and/or audio and has a mechanism that allows for user interaction with the advertisement (e.g. survey, button, hyperlink, game, or any other suitable user interactive element). FIG. 3E is a non-limiting example of a text advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 360 overlaid in a text advertisement format. A text advertisement only displays text. FIG. 3F is a non-limiting example of an image advertisement format presentation on client device 150. Video application 310 is playing elephant video which has advertisement 370 overlaid in an image advertisement format. An image advertisement only displays a static image. It is to be appreciated advertisements 320, 330, 340, 350, 360, and 370 can be located at any suitable location on the display(s) of client device 150 and presented at any suitable time with playback of a video. Furthermore, an advertisement can comprise a mix of one or more advertisement formats. Additionally, an advertisement format can include a pre-downloaded or cached advertisement on client device 150).
As to claim 11, Akiyama and Lewis teaches the method of claim 2, further comprising blending the motion animation sequence with regular playback of the media content upon reaching the second time position (Fig. 5, The user can move a scroll bar 665 up or down to display other thumbnail images in the user's collection (e.g., other images stored on the removable memory card 330 of the digital camera 300, or the hard drive (not shown) of the desktop PC 381. Each small navigation image 632A-632D represents either a still image file or a motion image file. Adjacent the small navigation image of each motion image sequence is an icon indicating that the corresponding file is a motion image file. For example, as shown in FIG. 5, icon 634B indicates that the adjacent small navigation image 632B is representative of a motion image sequence).
As to claim 12, see the rejection of claim 2.
As to claim 13, see the rejection of claim 3.
As to claim 14, see the rejection of claim 4.
As to claim 15, see the rejection of claim 5.
As to claim 18, see the rejection of claim 8.
As to claim 19, see the rejection of claim 9.
As to claim 21, see the rejection of claim 11.
Claim(s) 6, 7, 10, 16, 17, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over unpatentable as applied to claim 5 above, and further in view of US 9064186 B2 to Xie et al. (“Xie”).
As to claim 6, Akiyama and Lewis teaches the method of claim 5, Akiyama and Lewis does not teach wherein the plurality of key frames are identified by: identifying a sequence of frames by type; grouping the sequence of frames by identified type; and identifying each group start frame as a key frame. Xie teaches wherein the plurality of key frames are identified by: identifying a sequence of frames by type; grouping the sequence of frames by identified type; and identifying each group start frame as a key frame (Col. 6, ll 5-40, The key frame extractor 304 may be configured analyze the frames of each segment detected by the segment detector 302, and based on the analysis, identify one or more key frames of each segment. Just as the segment detector may implement a limited-context-based technique, the technique implemented by the key frame extractor may also be limited-context based. That is, the key frame extractor may be configured to analyze the frames and identify key frame(s) of a segment of a video sequence as the processing apparatus 104 receives the video sequence from the source 102 or otherwise without requiring use of the entire video sequence. The key frame extractor may be further configured to identify a key frame within a specified time period (e.g., two seconds), and direct display of the identified key frame of each segment on a user interface). In view of the teachings of Xie, it would have been obvious before the effective filing date of the invention to modify the teachings of Akiyama and Lewis. The suggestion/motivation would be browsing video sequences and, more particularly, relates to identifying a key frame from a video sequence to facilitate browsing of video sequences based on their respective key frames.
As to claim 7, Akiyama and Lewis do not teach the method of claim 5, Xie teaches wherein the plurality of key frames are identified based at least in part on a frame size for a frame of a plurality of frames of the media content (Col. 6, ll 5-40, The key frame extractor 304 may be configured analyze the frames of each segment detected by the segment detector 302, and based on the analysis, identify one or more key frames of each segment. Just as the segment detector may implement a limited-context-based technique, the technique implemented by the key frame extractor may also be limited-context based. That is, the key frame extractor may be configured to analyze the frames and identify key frame(s) of a segment of a video sequence as the processing apparatus 104 receives the video sequence from the source 102 or otherwise without requiring use of the entire video sequence. The key frame extractor may be further configured to identify a key frame within a specified time period (e.g., two seconds), and direct display of the identified key frame of each segment on a user interface). In view of the teachings of Xie, it would have been obvious before the effective filing date of the invention to modify the teachings of Akiyama and Lewis. The suggestion/motivation would be browsing video sequences and, more particularly, relates to identifying a key frame from a video sequence to facilitate browsing of video sequences based on their respective key frames.
As to claim 10, Akiyama and Lewis teaches the method of claim 8, Akiyama and Lewis does not teach wherein the predetermined amount of time is a fixed amount of time. Xie teaches wherein the predetermined amount of time is a fixed amount of time (Col. 11, line 64- Col. 12, line 10). In view of the teachings of Xie, it would have been obvious before the effective filing date of the invention to modify the teachings of Akiyama and Lewis. The suggestion/motivation would be browsing video sequences and, more particularly, relates to identifying a key frame from a video sequence to facilitate browsing of video sequences based on their respective key frames.
As to claim 16, see the rejection of claim 6.
As to claim 17, see the rejection of claim 7.
As to claim 20, see the rejection of claim 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A KURIEN whose telephone number is (571)270-5694. The examiner can normally be reached M-F; 7:30-4:30.
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/CHRISTINE A KURIEN/Examiner, Art Unit 2421 /NATHAN J FLYNN/Supervisory Patent Examiner, Art Unit 2421
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