Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
1. This Office Action is in response to the communication filed on November 18, 2024, which paper has been placed of record in the file.
2. Claims 1-20 are pending in this application.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
4. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a highlight detection unit”, recited in claims 16-19;
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
5. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
6. Claims 16-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
INSUFFICIENT CORRESPONDING STRUCTURE FOR MEANS-PLUS-FUNCTION LIMITATIONS
Regarding to claim 16, the limitations of this claim “a highlight detection unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph as noted. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function of the limitation and to clearly link the structure, material, or acts to the claimed function. For computer-implemented means plus function limitations, the disclosed structure must include an algorithm for performing the function claimed. See MPEP § 2181(II)(B). And the specification provides no algorithm sufficient for performing the claimed function here. It does little more than repeat the language of the claims. The Specification described in para [0147], “In some embodiments, the highlight detection unit 1335 may detect the highlight according to the purchasing information. More specifically, the highlight detection unit 1335 may check the user terminal 1210’s payment status and select the user terminal(s) 10 who has(have) payment record. In some embodiments, the highlight detection unit 1335 may collect purchasing information from plural user terminals 1210. For example, the highlight detection unit 1335 may check whether the user terminal 1210 has finished the payment. If the user terminal 1210 has finished the payment, the highlight detection unit 1335 may capture the portions the user terminal 1210 has watched and detect the portions as highlights of the streams. In some embodiments, the highlight detection unit 1335 may capture the portions the user terminal 1210 has watched according to the time information such as the time point the user terminal 1210 begins to watch, the time point the user terminal 1210 finished watching, the time period the user terminal 1210 is watching the streams or the like. In some embodiments, the highlight detection unit 1335 may check whether the user terminal 1210 has purchasing information by checking whether the user terminal 1210 clicks the buy button, whether the order is established, whether the payment is finished, or a combination of above or the like”; para [0152], “FIG. 15 shows another example 1500 of the highlight detection unit 1335. In FIG. 15, the user terminal 1210B also has purchasing information. In some embodiments, the purchasing information of the user terminal 1210B may be the same as that of the user terminal 1210A, or be different from that of the user terminal 1210A. In some embodiments, the highlights detection unit 35 may also detect the portions the user terminal 1210B has watched as highlights of the streams. In some embodiments, the highlights detection unit 35 may also collect the purchasing information from the user terminal 1210B. In some embodiments, the highlight detection unit 1335 may also capture the portions the user terminal 1210B has watched and detect the portions as highlights of the streams.”
Since the specification lacks sufficient corresponding structure, the claim is indefinite and an equivalent is any element that performs the specified function. See M.P.E.P. §§ 2181(II)(B) and 2185.
Regarding to claims 17-19, the claims are dependent on claim 16, do not cure the deficiencies of that claim and are rejected for the same reasons.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
7. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—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 or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 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.
8. Claims 16-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), 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 or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding to claims 16-19, the claims include means-plus function limitations lacking sufficient corresponding structure as noted above. Such limitations also lack written description. See M.P.E.P. § 2163.03(VI).
Claim Rejections - 35 USC § 101
9. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
10. Claims 1-20 are rejected under 35 U.S.C. 101 because the claim invention is directed to a judicial exception (i.e., law of nature, natural phenomenon, or abstract idea) without significantly more.
Regarding independent claim 16, which is analyzing as the following:
Step 1: This part of the eligibility analysis evaluates whether the claim falls within any statutory category. See MPEP 2106.03. The claim recites a system for detecting a highlight of a stream. Thus, the claim is to a machine, which is one of the statutory categories of invention. (Step 1: YES).
Step 2A, Prong One: This part of the eligibility analysis evaluates whether the claim recites a judicial exception. As explained in MPEP 2106.04, subsection II, a claim “recites” a judicial exception when the judicial exception is “set forth” or “described” in the claim.
The claim recites a system for detecting a highlight of a stream. The claim recites the steps of: identifying the interaction data as a purchasing information according to the action being related to a purchasing action…, identifying the corresponding time information of portions of the stream watched by the user terminal…, detecting the highlight the stream based on the purchasing information and the corresponding time information…, and capturing the portions as the highlight of the stream, under its broadest reasonable interpretation when read in light of the Specification, falls within “Certain Methods of Organizing Human Activity” grouping of abstract ideas as they cover performance of commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors, business relations. See MPEP 2106.04(a)(2), subsection III.
Moreover, the claim recites the limitations: identifying the interaction data as a purchasing information according to the action being related to a purchasing action…, identifying the corresponding time information of portions of the stream watched by the user terminal…, detecting the highlight the stream based on the purchasing information and the corresponding time information…, and capturing the portions as the highlight of the stream, as drafted, is a process that, under its broadest reasonable interpretation when read in light of the Specification, covers performance of the limitations in the mind, can be practically performed by human in their mind or with pen/paper, but for the recitation of generic computer components. That is, other than reciting “a computer/processor/automatically”, nothing in the claim elements preclude the steps from practically being performed in the mind. The mere nominal recitation of generic computing devices does not take the claim limitation out of the Mental Processes grouping of abstract ideas. Thus, if a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas (concepts performed in the human mind including an observation, evaluation, judgment, opinion). See MPEP 2106.04(a)(2), subsection III.
Therefore, the claim recites an abstract idea. (Step 2A, Prong One: YES).
Step 2A, Prong Two: This part of the eligibility analysis evaluates whether the claim as a whole integrates the recited judicial exception into a practical application of the exception or whether the claim is “directed to” the judicial exception. This evaluation is performed by (1) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (2) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. See MPEP 2106.04(d).
The claim recites the additional elements of “a user terminal comprising a decoder and a display; wherein the user terminal receives streaming data from a streaming server, the decoder decodes the received streaming data, and the display displays a video generated by the decoder; a highlight detection unit; collecting interaction data in response to an action performed from the user terminal; and publishing the highlight to the user terminal.”
The additional elements “a user terminal comprising a display; wherein the user terminal receives streaming data from a streaming server, the display displays a video generated by the decoder; a highlight detection unit; collecting interaction data in response to an action performed from the user terminal; and publishing the highlight to the user terminal” are mere data gathering, transmitting and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and outputting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering, transmitting and outputting. See MPEP 2106.05. Moreover, these additional elements do not provide any improvement to the technology, improvement to the functioning of the computer, improvement to the communication interface, they are just merely used as general means for collecting, transmitting, and displaying data. It is similar to other concepts that have been identified by the courts Gathering and analyzing information using conventional techniques and displaying the result, TLI Communications, 823 F.3d at 612-13, 118 USPQ2d at 1747-48; Collecting information, analyzing it, and displaying certain results of the collection and analysis, Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354, 119 USPQ2d 1739, 1742 (Fed. Cir. 2016).
Further, the steps of “decoding the received streaming data” by a decoder; “collecting interaction data…; identifying the interaction data as a purchasing information according to the action being related to a purchasing action…, identifying the corresponding time information of portions of the stream watched by the user terminal…, detecting the highlight the stream based on the purchasing information and the corresponding time information…, and capturing the portions as the highlight of the stream…”, are recited as being performed by a highlight detection unit. The decoder and the highlight detection unit are recited at a high level of generality. In the limitations “collecting interaction data…”, the highlight detection unit is used as a tool to perform the generic computer function of gathering, transmitting, and outputting data. See MPEP 2106.05(f). In limitations “decoding the received streaming data”, the decoder is used as a tool to perform the generic computer function of decoding. In limitations “identifying the interaction data as a purchasing information according to the action being related to a purchasing action…, identifying the corresponding time information of portions of the stream watched by the user terminal…, detecting the highlight the stream based on the purchasing information and the corresponding time information…, and capturing the portions as the highlight of the stream…”, the highlight detection unit is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f). The additional elements recite generic computer components the decoder and the highlight detection unit, and software programming instructions that are recited a high-level of generality that merely perform, conduct, carry out, implement, and/or narrow the abstract idea itself. Accordingly, the additional elements evaluated individually and in combination do not integrate the abstract idea into a practical application because they comprise or include limitations that are not indicative of integration into a practical application such as adding the words "apply it" (or an equivalent) with the judicial exception, or mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea -- See MPEP 2106.05(f).
Moreover, these additional elements do not provide any improvement to the technology, improvement to the functioning of the computer, improvement to the user terminal, the streaming server, the highlight detection unit, the decoder, the display, they are just merely used as general means for collecting, retrieving, transmitting, displaying data, and performing the abstract ideas.
Even when viewed in combination, these additional elements do not integrate the recited judicial exception into a practical application (Step 2A, Prong Two: NO), and the claim is directed to the judicial exception (Step 2A, Prong One: YES).
Step 2B: This part of the eligibility analysis evaluates whether the claim as a whole, amounts to significantly more than the recited exception i.e., whether any additional element, or combination of additional elements, adds an inventive concept to the claim. See MPEP 2106.05.
The additional elements “a user terminal comprising a display; wherein the user terminal receives streaming data from a streaming server, the display displays a video generated by the decoder; a highlight detection unit; collecting interaction data in response to an action performed from the user terminal; and publishing the highlight to the user terminal” were found to be insignificant extra-solution activity in Step 2A, Prong Two, because they were determined to be insignificant limitations as necessary data gathering and outputting. However, a conclusion that an additional element is insignificant extra solution activity in Step 2A, Prong Two should be re-evaluated in Step 2B. See MPEP 2106.05, subsection I.A. At Step 2B, the evaluation of the insignificant extra-solution activity consideration takes into account whether or not the extra-solution activity is well understood, routine, and conventional in the field. See MPEP 2106.05(g).
As discussed in Step 2A, Prong Two above, the additional elements of “a user terminal comprising a display; wherein the user terminal receives streaming data from a streaming server, the display displays a video generated by the decoder; a highlight detection unit; collecting interaction data in response to an action performed from the user terminal; and publishing the highlight to the user terminal” are recited at a high level of generality. These elements amount to gathering and displaying data over a network and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. The courts have recognized the following computer functions as well understood, routine, and conventional functions when they are claimed in a merely genetic manner (e.g., at a high level of generality) or as insignificant extra-solution activity: Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information); TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610, 118 USPQ2d 1744, 1745 (Fed. Cir. 2016) (using a telephone for image transmission); OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1093 (Fed. Cir. 2015) (sending messages over a network); buySAFE, Inc. v. Google, Inc., 765 F.3d 1350, 1355, 112 USPQ2d 1093, 1096 (Fed. Cir. 2014) (computer receives and sends information over a network).
As discussed in Step 2A, Prong Two above, the recitation of the decoder and the highlight detection unit to perform limitations “receiving a news article that relates to at least one entity; storing each of the news article electronic document and the time series in a database”; transmitting the time series to a news alerting model…; analyzing the news article in order to determine whether the news article contains important content; determining whether the at least one entity is mentioned in the news article; determining input parameters that relate to the at least one entity; extracting from the input parameters signal data; generating a news article electronic document including the news article and the signal data; extracting from the news article electronic document, a signal quantity for each entity of the at least one entity; generating a time series of signal quantities for the news article; and generating an alert message…”, amounts to no more than mere instructions to apply the exception using a generic computer component.
Even when considered in combination, these additional elements represent mere instructions to implement an abstract idea or other exception on a computer and insignificant extra-solution activity, which do not provide an inventive concept. Therefore, the claim is not patent eligible. (Step 2B: NO).
Regarding independent claims 1 and 20, Alice Corp. establishes that the same analysis should be used for all categories of claims. Therefore, independent claim 1 is directed to a method, independent claim 20 is directed to a medium, are also rejected as ineligible subject matter under 35 U.S.C. 101 for substantially the same reasons as independent system claim 16.
Regarding dependent claims 2-15 and 17-19, the dependent claims do not impart patent eligibility to the abstract idea of the independent claim. The dependent claims rather further narrow the abstract idea and the narrower scope does not change the outcome of the two-part Mayo test. Narrowing the scope of the claims is not enough to impart eligibility as it is still interpreted as an abstract idea, a narrower abstract idea.
Regarding dependent claims 2 and 17, the claims simply refine the abstract idea by further reciting wherein the purchasing actions include actions such as clicking buy button, establishing an order, or finishing payment…, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 16. Thus, the dependent claims do not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claims 3 and 18, the claims simply refine the abstract idea by further reciting checking a payment status of the user terminal; selecting the user terminal who has payment record; capturing the portions of the stream the user terminal watched; and detecting the portions of the stream as highlights of the stream, and that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 16. Thus, the dependent claims do not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 4, the claim simply refines the abstract idea by further reciting collecting purchasing information from plural user terminals; checking a payment status of the user terminals; selecting the user terminals who have payment record; comparing the portions of the stream the user terminals watched; capturing overlapped portions the user terminals watched; and detecting the overlapped portions as highlights of the streams, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 10. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 5, the claim simply refines the abstract idea by further reciting wherein the purchasing information includes pre- purchasing actions and the pre-purchasing actions are actions that show a willingness of the user terminal to make a purchase, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 16. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 6, the claim simply refines the abstract idea by further reciting wherein the pre-purchasing actions include actions such as enlarging a picture of a product, checking a description of a product…, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 16. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 7, the claim simply refines the abstract idea by further reciting detecting the highlight according to a time point of a purchasing action or pre-purchasing action the user terminal performed, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 16. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 8, the claim simply refines the abstract idea by further reciting setting a time range with respect to the time point; capturing portions of the stream according to the time point and the time range; and detecting the portions of the stream as highlights., that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 16. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 9, the claim simply refines the abstract idea by further reciting setting a time offset for the time point; offsetting the time point to an offset time point; capturing portions of the stream according to the offset time point; and detecting the portions of the stream as highlights, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 16. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 10, the claim simply refines the abstract idea by further reciting calculating total scores for each portion; and detecting the highlights according to the total scores, wherein the total score is a sum of each score from the user terminal, and the scores are decided according to the purchasing information, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 16. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claims 11 and 19, the claims simply refine the abstract idea by further reciting calculating total scores for each portion; and detecting the highlights according to the total scores…, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 16. Thus, the dependent claims do not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 12, the claim recites the additional elements wherein the streaming comprises live streaming, and wherein feedback is collected on a message from the user terminal, the message including content related to the live streaming, which are mere data gathering, transmitting and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and outputting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering, transmitting and outputting. See MPEP 2106.05. Moreover, these additional elements do not provide any improvement to the technology, improvement to the functioning of the computer, improvement to the user terminal, they are just merely used as general means for collecting, transmitting, and displaying data. These elements amount to gathering and displaying data over a network and are well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 13, the claim simply refines the abstract idea by further reciting wherein the feedback includes an influence action feedback, the influence action feedback comprising a behavior, and the behavior comprising the purchase of the user terminal.…, that fall under the category of Organizing Human Activity and Mental process groupings of abstract ideas as described above in the independent claim 16. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 14, the claim recites the additional elements wherein the feedback is provided to a feedback collecting unit, the feedback collecting unit being provided to a determining unit to determine a communication protocol according to the feedback., which are mere data gathering, transmitting and outputting recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and outputting, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering, transmitting and outputting. See MPEP 2106.05. Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Regarding dependent claim 15, the claim recites the additional elements wherein the user terminal comprises a determining unit, the determining unit being configured to determine a communication protocol for the user terminal to receive streaming data comprising the streaming, which is used to perform an abstract idea, as discussed above in Step 2A, Prong One, such that it amounts to no more than mere instructions to apply the exception using a generic computer. See MPEP 2106.05(f). Thus, the dependent claim does not add any additional element or subject matter that provides a technological improvement (i.e., an integration into a practical application under Step 2A-Prong Two), results in the claim being directed to patent eligible subject matter or include an element or feature that is significantly more than the recited abstract idea (i.e., a technological inventive concept under Step 2B).
Therefore, none of the dependent claims alone or as an ordered combination add limitations that qualify as significantly more than the abstract idea.
Accordingly, claims 1-20 are not draw to eligible subject matter as they are directed to an abstract idea without significantly more and are rejected under 35 USC § 101 as being directed to non-statutory subject matter.
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.
Claim Rejections - 35 USC § 103
11. 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.
12. Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Devoy, III et al. (hereinafter Devoy, III, US 2022/0191594) in view of Cutaia et al. (hereinafter Cutaia , US 2021/0144452), and further in view of Stephens et al. (hereinafter Stephens, US 2020/0188800).
Regarding to claim 1, Devoy, III discloses a method for detecting a highlight of a stream, comprising:
receiving, via a user terminal, streaming data from a streaming server, wherein the user terminal comprises a display (para [0019], the social networking system may include an interface to allow a host user (or creator) to schedule a live stream event for a future time. In some instance, the host user may both schedule the live stream event and select items or topics that will be featured or otherwise discussed during the event. The social network system may then identify other users of the social networking system that may be interested in or are likely to attend the live stream event; para [0020], The social network system may then send a notification to the identified or selected users. The notification may indicate or include a link to access the live stream event as well as information related to the topic, items, creator or host user, and stream time);
displaying, via the display, a video (para [0021], During the live stream event, the users may be able to view the live stream content, add comments (that may be visible to other users and/or the host user). The users may also be able to access a shopping interface that includes the items selected by the host user to feature during the live stream event; para [0060], the viewing interface 402 may include a content area 404 currently displaying an image or video of the host user applying eyebrow pencil (e.g., one of the items being featured in the live stream event));
collecting interaction data in response to an action performed from the user terminal (para [0023], the host user may receive feedback from the social network system as to the viewers. For instance, the host user may receive feedback as to an identity of the user, an identity of items purchased or placed in the shopping cart, and a number of each item purchased or placed in the shopping cart);
identifying the interaction data as a purchasing information according to the action being related to a purchasing action; wherein the purchasing action is related to an establishment of a purchase order from the user of the user terminal (para [0034], at operation 130 (indicated by “5”), one or more of the users 102 may initiate a purchase transaction via the social networking system 106. For example, a first user 102(1) may select an item being discussed during the live stream event by the host user 104. The shopping component 120 of the social networking system 106 may cause the selected item to be placed in a shopping cart associated with the first user 102(1). The first user 102(1) may then authorize a purchase of the item (or items) in the shopping cart associated with the first user 102(1) all while concurrently consuming the live stream event content);
detecting the highlight of the stream based on the purchasing information [and the corresponding time information]; wherein the purchasing information includes purchasing actions of the user terminal, and the purchasing actions relate to a purchase of the user terminal (para [0067], a viewing interface 802 associated with a live stream event according to some implementations. In the current example, the viewing user is consuming the live stream content, via the content area 804 and other user's comments and feedback may be displayed in the comments area 806, as discussed above. However, in the example 800, an item highlighted area 808 may be displayed below the comment area 806 and above the interactive area 812. The item highlight area 808 may display an item or collection that the host user has highlighted or selected to be displayed during the live stream event. For instance, if the host user begins to discuss and demonstrate the use of a particular type of shimmer, the host user may select the item to be highlighted for the viewing users while the host user discusses the shimmer. This highlighted item (e.g., the shimmer) may be displayed to the viewing users within the item highlight area 808 to provide an indication of the item currently on display, provide information related to the item (e.g., the source, cost, product details, and the like), as well as a selectable icon 810 to place the item directly in the shopping bag of the user);
capturing the portions as the highlight of the stream (para [0083], At 1112, a computing device, such as computing device 110 of FIG. 1, associated with a viewing user, such as viewing user 102(1) of FIG. 1, may receive a selection of the highlighted item or collection from the viewing user 102(1). For instance, the computing device 110 may receive the live stream content and data associated with the highlighted item or collection. The data associated with the highlighted item or collection may include product information, product images, product price, seller or product source, and the like. The computing device 110 may display the data associated with the highlighted item or collection in conjunction or substantially concurrently with the live stream content); and
publishing the highlight to the user terminal (para [0084], At 1114, the social networking system 106 may receive the selection of the highlighted item or collection from the computing device 110 associated with the viewing user 102(1) and, in response, at 1116 the social networking system 106 may place the item or collection in a shopping bag associated with the viewing user 102(1). In some cases, the viewing user 102(1) may then complete a purchase of the highlighted item or collection during the live stream event or at a time after the event has expired).
1. Devoy, III does not disclose, however, Cutaia discloses:
wherein the user terminal comprises a decoder (para [0012], an interaction decoder for displaying interactive live video streams includes a processor, and a memory, comprising an interaction decoding application, where the interaction decoding application directs the processor to receive media data comprising a video track);
decoding, via the decoder, the received streaming data (para [0045], Interaction decoders provide an interface by which media can be played back in a media player along with interactions which take place within the pane of the media player. Similarly, interaction decoder interfaces can be augmented with any number of different functionalities as appropriate to the requirements of specific applications of embodiments of the invention);
displaying, via the display, a video generated by the decoder (para [0053], At a high level, interaction encoding refers to processes by which a host can select interactions to introduce into a media stream, and the packaging of data which enables said interactions to be rendered in the media stream at a decoder. Following, interaction decoding at a high level refers to processes by which an interaction decoder can receive a media stream with interaction data, the rendering of the media stream and associated interaction objects, and the handling of a viewer's arbitrary selection of any of the provided interactions…referral links that have embedded referral codes can direct a consumer to the interactive live stream while also enabling the tracking of the referral source of the link).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the Devoy, III’s to incorporate the features taught by Cutaia above, for the purpose of decoding the received stream data in order to display the video. Since Devoy, III discloses portions of the stream watched by the user terminal in the interaction data, Cutaia discloses decoding the stream data and displaying the video, as described above, therefore, one of ordinary skill in the art would have recognized that the combination of Devoy, III and Cutaia would have yield predictable results in decoding the stream data for displaying the video.
2. Devoy, III does not disclose, however, Stephens discloses:
identifying the corresponding time information of portions of the stream watched by the user terminal of the user in the interaction data (para [0014], The media file may include a plurality of timestamps and the activity file may include a corresponding plurality of timestamps. Media associated with the media file may be streamed on a user device by a server. Such media may show an activity at a point in time within the streaming media file. A user selection of an object shown in the activity at the point in time may be received by the server. Such user selection may include an object time stamp from the plurality of timestamps of the media file corresponding to the point in time. The activity file associated with the media file may be retrieved by the server. Such activity file may include information about the activity and/or object. Information about the selected object may be retrieved based on a match between the object timestamp and one of the corresponding plurality of timestamps of the activity file. Such retrieved object information may be transmitted and/or displayed on the user device).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the Devoy, III’s to incorporate the features taught by Stephens above, for the purpose of providing time information of portions of the stream watched by the user. Since Devoy, III discloses the portions of the stream watched by the user terminal in the interaction data, Stephens discloses identifying the corresponding time information of portions of the stream watched by the user terminal in the interaction data, as described above, therefore, one of ordinary skill in the art would have recognized that the combination of Devoy, III and Stephens would have yield predictable results in providing the time information corresponding to the portions of the stream watched by the user terminal in the interaction data.
Regarding to claim 2, Devoy, III discloses the method according to claim 1, wherein the purchasing actions include actions such as clicking buy button, establishing an order, or finishing payment (para [0035], the first user 102(1) may place the item in the shopping cart and complete the transaction via the social networking system 106 while continuously consuming the live stream content being streamed from a device 112 associated with the host user 104).
Devoy, III does not disclose, however, Stephens discloses:
the purchasing information includes corresponding time information of portions of the stream the user terminal watched (para [0017], The platform servers 120 may further carry out instructions, for example, for receiving a user selection on an object shown in the streaming media at the point in time. Such user selection may include an object timestamp of the plurality of timestamps corresponding to the point in time. The platform servers 120 may further carry out instructions, for example, for retrieving an activity file associated with the media file. Such activity file may include a corresponding plurality of timestamps. The platform servers 120 may further carry out instructions, for example, for retrieving object information from the activity file based on a match between the object timestamp and one of the corresponding plurality of timestamps of the activity file. The platform servers 120 may further carry out instructions, for example, for transmitting the retrieved object information to the user).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to modify the Devoy, III’s to incorporate the features taught by Stephens above, for the purpose of providing time information of portions of the stream watched by the user. Since Devoy, III discloses the portions of the stream watched by the user terminal in the interaction data, Stephens discloses identifying the corresponding time information of portions of the stream watched by the user terminal in the interaction data, as described above, therefore, one of ordinary skill in the art would have recognized that the combination of Devoy, III and Stephens would have yield predictable results in providing the time information corresponding to the portions of the stream watched by the user terminal in the interaction data.
Regarding to claim 3, Devoy, III discloses the method according to claim 1, further comprising:
checking a payment status of the user terminal (para [0035], the shopping component 120 may order the item from a third-party vendor on behalf of the first user 102(1) and/or authorize a charge to a stored payment method associated with the first user 102(1) or an account of the first user 102(1));
selecting the user terminal who has payment record (para [0019], The social network system may then identify other users of the social networking system that may be interested in or are likely to attend the live stream event. For example, the social networking system may identify the users based on features associated with the host user (e.g., users that have followed, liked, or consumed the content of the host user, and the like), features associated with the other users (e.g., historical data, historical content consumptions, known likes or dislikes, past purchasing behavior, likelihood to purchase the item, and the like), the times or topics selected for the live stream event, time/day of the event (e.g., weekday v. weekend, after work hours based on a current time zone of the user, and the like), etc.);.
capturing the portions of the stream the user terminal watched (para [0025], After the lives stream event ends, the users may receive a summary as to items in the shopping cart and/or a list of items purchased during the live stream event. In some cases, the summary may include a list of items available during the live stream event, a list of items discussed during the live stream event, a most popular item from the live stream event, a least popular item from the live stream event, a metric associated to the feedback, number of purchases, and the overall reception of the lives stream event); and
detecting the portions of the stream as highlights of the stream (para [0068], FIG. 9 is an example 900 illustrating an event summary interface 902 associated with a live stream event according to some implementations. In some cases, the social networking system may be configured to provide a summary of a viewing user's interactions with the live stream event once the event has ended (and/or prior to the event ending). In the example 900, the social networking system may cause the event summary interface 902 to display an icon or image representative of the live stream event within the content area 904. In the example 900, an icon of the shimmer or one of the items/collections highlighted by the host user discussed during the live stream event may be selected).
Regarding to claim 4, Devoy, III discloses the method according to claim 1, further comprising:
collecting purchasing information from plural user terminals (para [0089], At 1208, the social networking system 106 may generate feedback associated with the purchase for the host user 104. For example, the social networking system 106 may aggregate data associated with a number of purchase events associated with the live stream event. The aggregated data may include the number of purchases associated with individual users, a total purchase price associated with individual users, a number of live stream events associated with the host user 104 attended by an individual users, a purchase history associated with individual users, a number of comments associated with individual user, a content of the comments associated with the user, and the like);
checking a payment status of the user terminals (para [0035], the shopping component 120 may order the item from a third-party vendor on behalf of the first user 102(1) and/or authorize a charge to a stored payment method associated with the first user 102(1) or an account of the first user 102(1));
selecting the user terminals who have payment record (para [0032], the users 102 may be selected based on features associated with the host user or creator (e.g., users that have followed, liked, or consumed the content of the host user, and the like), features associated with the users (e.g., historical data, historical content consumptions, likes or dislikes that a user has shared with the social networking system 106, past purchasing behavior, likelihood to purchase the item, and the like), the times or topics selected for the live stream event, time/day of the event (e.g., weekday v. weekend, after work hours based on a current time zone of the user, and the like), etc.).
comparing the portions of the stream the user terminals watched (para [0064], For instance, in the illustrated example 600, the display may be split or otherwise separated such that a first portion of the display may present the shopping interface 604 and a second portion of the display may present the content of the live stream event);
capturing overlapped portions the user terminals watched (para [0066], Additionally, in the example 700 the interfaces 702 and 704 each include a shopping area 708 (e.g., a second portion of the display separate from the content area 704). In the shopping interface 702, the shopping area 708 may display items or collections the user has placed into a shopping bag with the intent to purchase); and
detecting the overlapped portions as highlights of the streams (para [0067], FIG. 8 is an example 800 illustrating a viewing interface 802 associated with a live stream event according to some implementations. In the current example, the viewing user is consuming the live stream content, via the content area 804 and other user's comments and feedback may be displayed in the comments area 806, as discussed above. However, in the example 800, an item highlighted area 808 may be displayed below the comment area 806 and above the interactive area 812).
Regarding to claim 5, Devoy, III discloses the method according to claim 1, wherein the purchasing information includes pre-purchasing actions and the pre-purchasing actions are actions that show a willingness of the user terminal to make a purchase (para [0066], In the shopping interface 702, the shopping area 708 may display items or collections the user has placed into a shopping bag with the intent to purchase. When the viewing or consuming user is ready to checkout, the viewing user may select the checkout icon 710. The shopping interface 704 illustrates the checkout process in which the user may place the order for the items or collections from a third-party vendor via the place order icon 712).
Regarding to claim 6, Devoy, III discloses the method according to claim 5, wherein the pre-purchasing actions include actions such as enlarging a picture of a product, checking a description of a product, adding a product to wishlist, adding a product to favorite, adding a product to shopping cart, or checking available coupons, discount tickets, gift certificates (para [0063], The shopping interface 504 may display a list of the items and/or collections selected by the host user during the scheduling or setup phase of the live stream event. In some cases, the viewing user may select or tap on the item to receive more information (such as product or item details) and/or to place the item into a shopping cart associated with the viewing user).
Regarding to claim 7, Devoy, III discloses the method according to claim 5, further comprising: detecting the highlight according to a time point of a purchasing action or pre- purchasing action the user terminal performed (para [0083], At 1112, a computing device, such as computing device 110 of FIG. 1, associated with a viewing user, such as viewing user 102(1) of FIG. 1, may receive a selection of the highlighted item or collection from the viewing user 102(1). For instance, the computing device 110 may receive the live stream content and data associated with the highlighted item or collection. The data associated with the highlighted item or collection may include product information, product images, product price, seller or product source, and the like. The computing device 110 may display the data associated with the highlighted item or collection in conjunction or substantially concurrently with the live stream content).
Regarding to claim 8, Devoy, III discloses the method according to claim 7, further comprising:
setting a time range with respect to the time point (para [0028], The scheduling component 116 may be configured to provide functionality to a host user to schedule a live stream event via the social networking system 106. For example, the host user may be able to set a time and date for the lives stream event as well as to select featured items and/or collections that will be discussed (or otherwise shared) and available to purchase during the live stream event);
capturing portions of the stream according to the time point and the time range (para [0031], For instance, in the illustrated example, the host user 104 may, at operation 122 (indicated by “1”), schedule or generate a live stream event. For example, the host user 104 may schedule a time for the event as well as select a topic and/or one or more items to be featured with respect to the live stream event. In some cases, the host user 104 may select a set of items and associated purchase prices and descriptive information that will be discussed and available for purchase during the live stream event); and
detecting the portions of the stream as highlights (para [0068], In the example 900, an icon of the shimmer or one of the items/collections highlighted by the host user discussed during the live stream event may be selected. In the summary area 906, the social networking system may cause a list of interactions between the viewing user and the social networking system to be displayed. For instance, in the example 900, the viewing user may have added two items to their bag during the live stream event. In this example 900, the social networking system may also invite the viewing user to sign up for additional live stream events associated with the host user and/or to continue shopping the items/collections from the current live stream event).
Regarding to claim 9, Devoy, III discloses the method according to claim 7, further comprising: setting a time offset for the time point; offsetting the time point to an offset time point; capturing portions of the stream according to the offset time point; and detecting the portions of the stream as highlights (para [0099], At 1308, the social networking system 106 may determine the live stream event is concluded or otherwise completed. For example, the host user may end the recording to complete the event. In other cases, the event may stream for a predetermined period of time and the social networking system 106 may conclude the live stream event when the predetermined period of time expires).
Regarding to claim 10, Devoy, III discloses the method according to claim 1, further comprising:
calculating total scores for each portion (para [0024], a metric associated with historical purchases of the items associated with the host user items by the first user, a total cost of the items purchased during the live stream event, a number of other users invited and/or attending the live stream event by the first user, and the like); and
detecting the highlights according to the total scores, wherein the total score is a sum of each score from the user terminal (para [0025], After the lives stream event ends, the users may receive a summary as to items in the shopping cart and/or a list of items purchased during the live stream event. In some cases, the summary may include a list of items available during the live stream event, a list of items discussed during the live stream event, a most popular item from the live stream event, a least popular item from the live stream event, a metric associated to the feedback, number of purchases, and the overall reception of the lives stream event); and
the scores are decided according to the purchasing information (para [0037], For example, the social network system 106 may display a frequency of attendance of the first user 102(1) with respect to hosts' live stream events, a metric associated with historical purchases of the first user 102(1), a number of other users invited by and/or attending the live stream event because the first user 102(1), and the like).
Regarding to claim 11, Devoy, III discloses the method according to claim 1, further comprising:
calculating total scores for each portion (para [0024], a metric associated with historical purchases of the items associated with the host user items by the first user, a total cost of the items purchased during the live stream event, a number of other users invited and/or attending the live stream event by the first user, and the like); and
detecting the highlights according to the total scores, wherein the total score is a weighted sum of each score from the user terminal, the scores are decided according to the purchasing action and pre-purchasing action of the user terminal, and the weights are decided according to transaction data of the user terminal (para [0025], After the lives stream event ends, the users may receive a summary as to items in the shopping cart and/or a list of items purchased during the live stream event. In some cases, the summary may include a list of items available during the live stream event, a list of items discussed during the live stream event, a most popular item from the live stream event, a least popular item from the live stream event, a metric associated to the feedback, number of purchases, and the overall reception of the lives stream event).
Regarding to claim 12, Devoy, III discloses the method according to claim 1, wherein the streaming comprises live streaming, and wherein feedback is collected on a message from the user terminal, the message including content related to the live streaming (para [0023], the host user may receive feedback from the social network system as to the viewers. For instance, the host user may receive feedback as to an identity of the user, an identity of items purchased or placed in the shopping cart, and a number of each item purchased or placed in the shopping cart. In this implementation, the host user may be able to thank, recognize, or otherwise respond to the feedback during the live stream event in a manner that the recognition is displayed publicly to all active consumers of the live stream event. For example, if a first user purchases seven units of an item during the live stream event, the host user may receive the feedback from the social networking system as part of a feedback feed).
Regarding to claim 13, Devoy, III discloses the method according to claim 12, wherein the feedback includes an influence action feedback, the influence action feedback comprising a behavior, and the behavior comprising the purchase of the user terminal (para [0024], the social network system may provide additional information associated with the feedback to the host user. For example, the social network system may display a frequency of attendance of the first user with respect to the live stream events associated with the host user, a metric associated with historical purchases of the items associated with the host user items by the first user, a total cost of the items purchased during the live stream event, a number of other users invited and/or attending the live stream event by the first user, and the like).
Regarding to claim 14, Devoy, III discloses the method according to claim 12, wherein the feedback is provided to a feedback collecting unit, the feedback collecting unit being provided to a determining unit to determine a communication protocol according to the feedback (para [0091], At 1210, the computing device 112 associated with the host user 104 may display, to the host user 104, the feedback selected by the social networking system 106. For example, the social network system 106 may send an indication or instruction to cause the device 112 to display the feedback to the host user 104 during the live stream event. In some cases, the device 112 may display an identifier associated with the viewing user 102(1) and an indication of the purchase event).
Regarding to claim 15, Devoy, III discloses the method according to claim 1, wherein the user terminal comprises a determining unit, the determining unit being configured to determine a communication protocol for the user terminal to receive streaming data comprising the streaming (para [0041], the social networking system 106 may, with input from a user, create and store in the social networking system 106 a user account associated with the user. The user account may include demographic information, communication-channel information, and information on personal interests of the user).
Regarding to claims 16-19, Devoy, III discloses a system for detecting highlight of a stream, comprising: a user terminal comprising a display (see figure 1 and para [0026], FIG. 1 is a view of an example system usable to assist with live stream events, according to some implementations. In some examples, the system 100 may include users 102(1)-102(n) (collectively “users 102”) and/or a host user 104 to interact with a social networking system 106 via a network 108 using computing devices), and a highlight detection unit configured to perform the method as described in claims 1-3 and 11 above, therefore, are rejected by the same rationale.
Claim 20 is written in non-transitory computer readable storage medium and contains the same limitations described in claim 1 above, therefore, are rejected by the same rationale.
Conclusion
13. Claims 1-20 are rejected.
14. The prior arts made of record and not relied upon are considered pertinent to applicant's disclosure:
Li (US 11,823,311) discloses live Listing Engine sends a live video stream to a viewer computer device and a host computer device. The live video stream includes a view of an item from a perspective of the host computer device.
Galep et al. (US 11,711,579) disclose generating an interactive and dynamically updated content stream. Data assets that correspond to video segments provided by a plurality of content providers may be maintained.
Duraiswamy et al. (US 11,330,346) disclose viewers of a video stream may generate video clips including different portions of the video stream.
Baxter et al. (US 11,051,067) disclose presenting, within a page or user interface, a multi-layered video presentation that includes an interactive content portion presented over or otherwise in conjunction with a video player layer.
Chandrasekhar et al. (US 2023/0082197) disclose a method and a sports analytics system (SAS) for analyzing a live video broadcast stream (LVBS) of a sporting event.
Gupta (US 2022/0058712) discloses the participating users may also provide annotations or scores with respect to the items being browsed by other users. All participating users may view the annotations and scores submitted by users. As user input is received and processed, recommendations are generated and the concurrent browsing user interface is updated with recommendations, annotations, and scores.
Jia et al. (US 10,908,815) disclose viewers of a video stream may generate video clips including different portions of the video stream.
Sotomayor (US 2020/0082442) discloses an ad server on the mobile device controls the media server during the video streaming and replaces advertising content within the video stream with the buyer's advertising videos associated with the preferred profile entries.
Kruse (US 10,575,045) discloses a sales administration system that manages online sales via overlays on a video stream.
Henaire et al. (US 2018/0192080) disclose an online system receives a media stream from a host of a live broadcasting stream and a second media stream from a guest of the host, and generates a single composite stream that includes the multiple live streams.
Kokenos et al. (US 2011/0167456) disclose techniques to enable users to purchase or receive information regarding items identified in a stream output by a content output device, regardless of whether the users are previously associated with the content output device or a device that monitors the stream.
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to examiner NGA B NGUYEN whose telephone number is (571) 272-6796. The examiner can normally be reached on Monday-Friday 7AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Beth Boswell can be reached on (571) 272-6737. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NGA B NGUYEN/Primary Examiner, Art Unit 3625 June 9, 2026
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