DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Miscellaneous
Claims pending: 1-9, 15
Claims amended: 1, 15
Claims cancelled: 10-14
New claims: n/a
Response to Amendment
Applicant’s cancellation to claim 14 overcomes the rejected under 35 U.S.C. 112, second paragraph raised, therefore the Rejection is withdrawn.
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1, 15, have been fully considered.
Regarding applicant’s remarks dated 01/09/26, pg. 4-5, regarding all the currently cited references all fail to teach amended portion of claim(s) 1, 15, “…create video data, which is a portion of the livestream stored in the server,…”
Examiner disagrees.
There appears to be a written support issue with the claim 1, 15, amendment, please 35 U.S.C. 112, first paragraph raised, see below for details.
However, upon further consideration, a new ground(s) of rejection is made in further view of Hayashi and Halper, see below for details.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9, 15, are rejected under 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor(s), at the time the application was filed, had possession of the claimed invention.
For example, claim(s) 1, 15, states that the …create video data, which is a portion of the livestream stored in the server,…”. However, only thing that relate appears to be Fig 12-14, indicating an option to share a clip, but that still fail to support the specific claimed language.
Further action is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 5-9, 15, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20230074478) to (Hayashi) in view of (US 20190058928) to (Halper).
Regarding claim(s) 1, 15, Hayashi teach transmit video data related to a livestream to a
terminal of a viewer over a network; determine whether a condition is satisfied, the condition being related to at least one of gifting or a comment during the livestream; send a notification to the terminal of the viewer over the network upon determination that the condition is satisfied; and perform a process to create video data relating to a portion of the livestream in association with the viewer. (Fig 3, 4, P. 8, 17-18, 47-55, 77, real-time video data stream supplied from a distributor terminal to viewers, inputted information supplied from viewer terminals are received and analyzed; determines whether or not video data for distribution is exciting based on inputted information meeting certain criteria such as threshold of excitement level based on input; generates video data for distribution based on real-time video data and inputted information using a trimming unit that generates video data by trimming portions of video data for distribution including timing determined to be exciting by the determining unit; generate list data combining a plurality of sets of real-time video data generated by the trimming unit and a list distributing unit that distributes the real-time list data, …the distributing unit may also notify viewers on a preset list of generated real-time moving image list data, such as notify an account holder of real-time video list data including video data with a high degree of excitement, or a trigger may be set to periodically notify an account holder of real-time video list data at a given time on a given day of the week, which reads on (send a notification to terminal of viewer over the network upon determination that condition is satisfied)).
Halper teach send a notification to terminal of viewer over network… create video data, in association with the viewer upon reception of a response to the notification from the terminal of the viewer over the network. (Fig. 5, 6, 8A, 8C-8D, 9C, 12H-12K, P. 33, 35, 94-97, 108, create interactive live broadcast program by one or more prompts or invitations to encourage users to participate in the broadcast program “record a video reply” (send a notification to terminal of the viewer over the network), accordingly, a user may respond to the prompts/invitations by submitting, via client device, audio and/or or visual data to be included in interactive live broadcast program. Accordingly, interactive programming system may be configured to inject the received audio and/or visual data into a particular interactive live broadcast program, thereby facilitating interaction between client device(s) and interactive programming system, upon user selecting “record a video reply” (perform a process to create video data relating to a portion of livestream in association with the viewer upon reception of a response to the notification from the terminal of the viewer over the network),
Hayashi further teach concept of storing the distributed live broadcast data for a certain period of time after broadcast for the purposed of searching through and replaying, or slow motion playback. (P. 38, 46, 56)
Halper teach send a notification to terminal of viewer over network… create video data, in association with the viewer upon reception of a response to the notification from the terminal of the viewer over the network. (Fig. 5, 6, 8A, 8C-8D, 9C, 12H-12K, P. 33, 35, 94-97, 108,)
in the case when the viewer creates a video response using portion(s) of the stored live broadcast stream to generating a playlist for inclusion in still-playing live program (for replay, slow motion playback purposes as taught by Hayashi) within the video and share the created clip as in Fig. 9C, that reads on (…. create video data, which is a portion of the livestream stored in the server…)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hayashi by send a notification to terminal of viewer over network…perform a process to create video data relating to a portion of livestream in association with the viewer upon reception of a response to the notification from the terminal of the viewer over the network as taught by Halper in order to allow viewers to interact with the content that they are viewing.
Regarding claim 2, Hayashi in view of Halper teach the server, wherein the circuitry, the method, determine that the condition is satisfied.
Hayashi further teach if a gift meeting a predetermined requirement is used during livestream. (Fig 3, 4, P. 3, 34, 8, 17-18, 47-55, real-time video data stream supplied from a distributor terminal to viewers, inputted information supplied from viewer terminals are received and analyzed; determines whether or not video data for distribution is exciting based on inputted information meeting certain criteria such as (user posts, graphics, images, stamps, comments on live content) threshold of excitement level based on input).
Regarding claim 3, Hayashi in view of Halper teach the server, wherein the circuitry, the method, determine that the condition is satisfied, gift meeting the predetermined requirement.
Hayashi further teach includes a gift having a price equal to or higher than a threshold value.(Fig 3, 4, P. 3, 34, 8, 17-18, 47-55, real-time video data stream supplied from a distributor terminal to viewers, inputted information supplied from viewer terminals are received and analyzed; determines whether or not video data for distribution is exciting based on inputted information meeting certain criteria such as (user posts, graphics, images, stamps, comments on live content) threshold of excitement level based on input).
Regarding claim 5, Hayashi in view of Halper teach the server, wherein the circuitry, the method, the notification to the terminal of the viewer over network, the livestream.
Halper further teach send a notification to terminal of viewer over network to receive an instruction, from the viewer, to create video data relating to a portion of the livestream in association with the viewer. (Fig. 8A, P. 35, create interactive live broadcast program by one or more prompts or invitations to encourage users to participate in the broadcast program “record a video reply”, accordingly, a user may respond to the prompts/invitations by submitting, via client device, audio and/or or visual data to be included in interactive live broadcast program. Accordingly, interactive programming system may be configured to inject the received audio and/or visual data into a particular interactive live broadcast program).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hayashi in view of Halper by send a notification to terminal of viewer over network to receive an instruction, from the viewer, to create video data relating to a portion of the livestream in association with the viewer as taught by Halper in order to allow viewers to interact with the content that they are viewing.
Regarding claim 6, Hayashi in view of Halper teach the server, wherein the circuitry, the method, the time at which condition is determined to be satisfied.
Halper further teach perform a process to create video data relating to a portion of the livestream that covers a period immediately preceding a time at condition. (Fig. 8A, P. 35, create interactive live broadcast program by one or more prompts or invitations to encourage users to participate in the broadcast program “record a video reply”, accordingly, a user may respond to the prompts/invitations by submitting, via client device, audio and/or or visual data to be included in interactive live broadcast program. Accordingly, interactive programming system may be configured to inject the received audio and/or visual data into a particular interactive live broadcast program, which are about what has happened within the live broadcast (create video data relating to a portion of the livestream that covers a period immediately preceding)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hayashi in view of Halper by perform a process to create video data relating to a portion of the livestream that covers a period immediately preceding a time at condition as taught by Halper in order to allow viewers to interact with the content that they are viewing.
Regarding claim 7, Hayashi in view of Halper teach the server, wherein the circuitry, the method, the condition is satisfied.
Halper further teach determine whether condition is satisfied independently from whether an instruction is issued by the viewer to generate video data relating to a portion of the livestream. (Fig. 8A, P. 35, create interactive live broadcast program by one or more prompts or invitations to encourage users to participate in the broadcast program “record a video reply”, accordingly, a user may respond to the prompts/invitations by submitting, via client device, audio and/or or visual data to be included in interactive live broadcast program. Accordingly, interactive programming system may be configured to inject the received audio and/or visual data into a particular interactive live broadcast program, thereby facilitating interaction between client device(s) and interactive programming system, upon user selecting “record a video reply”, which reads on (determine whether condition is satisfied independently from whether an instruction is issued by the viewer to generate video data relating to a portion of the livestream)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hayashi in view of Halper by determine whether condition is satisfied independently from whether an instruction is issued by the viewer to generate video data relating to a portion of the livestream as taught by Halper in order to allow viewers to interact with the content that they are viewing.
Regarding claim 8, Hayashi in view of Halper teach the server, wherein the circuitry, the method, determine that the condition is satisfied.
Hayashi send the video data relating to the livestream to a plurality of terminals of a plurality of viewers over the network; send the notification to the plurality of terminals of the plurality of viewers over the network upon determination that the condition is satisfied. (Fig 3, 4, P. 8, 17-18, 34, 47-55, 77, real-time video data stream supplied from a distributor terminal to viewers, inputted information supplied from viewer terminals are received and analyzed; determines whether or not video data for distribution is exciting based on inputted information meeting certain criteria such as threshold of excitement level based on input; generates video data for distribution based on real-time video data and inputted information using a trimming unit that generates video data by trimming portions of video data for distribution including timing determined to be exciting by the determining unit; the distributing unit notify viewers on a preset list of generated real-time list video data (send the video data relating to the livestream to a plurality of terminals of a plurality of viewers over the network), in the case where more data is collected as a result of viewers viewing the generated real-time list video data, and viewership data is collected and another threshold level of excitement is reached (send the notification to the plurality of terminals of the plurality of viewers over the network upon determination that the condition is satisfied) ).
Halper further teach upon receiving a response responding to notification from a terminal of a given one of the viewers over the network, perform a process to create video data relating to a portion of the livestream in association with the given one of the viewers. (Fig. 8A, P. 35 create interactive live broadcast program by one or more prompts or invitations to encourage users to participate in the broadcast program “record a video reply”, accordingly, a user may respond to the prompts/invitations by submitting, via client device, audio and/or or visual data to be included in interactive live broadcast program. Accordingly, interactive programming system may be configured to inject the received audio and/or visual data into a particular interactive live broadcast program, thereby facilitating interaction between client device(s) and interactive programming system, upon user selecting “record a video reply” (upon receiving a response responding to notification from a terminal of a given one of the viewers over the network, perform a process to create video data relating to a portion of the livestream in association with the given one of the viewers)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hayashi in view of Halper by upon receiving a response responding to notification from a terminal of a given one of the viewers over the network, perform a process to create video data relating to a portion of the livestream in association with the given one of the viewers as taught by Halper in order to allow viewers to interact with the content that they are viewing.
Regarding claim 9, Hayashi in view of Halper teach the server, wherein the circuitry, the method, determine that the condition is satisfied, the livestream over the network, video data relating to a portion of the livestream is created.
Hayashi send information to a terminal of a livestreamer delivering the livestream over network, information indicating how many times video data relating to a portion of the livestream is created. (Fig 3, 4, P. 8-9, 17-18, 34, 39, 47-55, 77, real-time video data stream supplied from a distributor terminal to viewers, inputted information supplied from viewer terminals are received and analyzed; determines whether or not video data for distribution is exciting based on inputted information meeting certain criteria such as threshold of excitement level based on input; generates video data for distribution based on real-time video data and inputted information using a trimming unit that generates video data by trimming portions of video data for distribution including timing determined to be exciting by the determining unit; the distributing unit notify viewers on a preset list of generated real-time list video data (video data relating to a portion of the livestream is created), in the case where more data is collected as a result of viewers viewing the generated real-time list video data, and viewership data is collected and the rate of increase in viewer terminals viewing video content per unit of time, or the number of viewer terminals used to send inputted information, (P. 9, 39), which reads on (send information to a terminal of a livestreamer delivering the livestream over network, information indicating how many times video data relating to a portion of the livestream is created)).
Claim(s) 4, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20230074478) to (Hayashi) in view of (US 20190058928) to (Halper) in view of (US 20230276101) to (Tashiro).
Regarding claim 4, Hayashi in view of Halper teach the server, wherein the circuitry, the method, the condition is satisfied.
Tashiro teach to determine that condition is satisfied if a drawing resulting from gifting hits a win. (P. 155-156, 159, 161, 166, 178-179, points corresponding to the equivalent value of the rewards gift can be added to the accumulated points when the distribution condition is satisfied, or the accumulated points can be increased by a factor corresponding to the equivalent value of the rewards gift at the time of the win,... performs the processing for distributing the accumulated points associated with the corresponding rewards gift to the viewer… determines an amount of points to be distributed to each viewer to whom the distribution is to be made… determines the amount of the points to be distributed to the corresponding viewer such that the most points are distributed to the viewer who used the lottery gift related to the win…acquires the lottery frequency of each viewer from the entry of the rewards gift of the rewards gift DB 366 related to win…determines the amount of the points to be distributed to the corresponding viewer so that the amount of the distributed points is larger than the total of the equivalent value points paid out by each of the viewers to use the lottery gift. For example, when there are 7,000 points to be distributed. The viewer A used two lottery gifts worth 1,000 equivalent value points, and wins on the second try. The viewer B used one lottery gift. The distribution executing unit 362 determines that the number of points to be distributed to the viewer A is 4,000 while the amount to be distributed to the viewer B is 1,500).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hayashi in view of Halper by determine that condition is satisfied if a drawing resulting from gifting hits a win as taught by Tashiro in order to allows everyone to share good times even when they are far away from each other.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONG LE whose telephone number is (571)270-7637. The examiner can normally be reached M-F (9 am - 6pm).
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/RONG LE/Primary Examiner, Art Unit 2421