1-21DETAILED 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 .
Response to Arguments
2. Applicant’s arguments with respect to claim(s) 1-19 and 21 have been considered but are moot because the new ground of rejection discussed below. The amendments to the claims necessitated the new ground(s) of rejection. Please not the underlined remarks with the office action. This office action is made FINAL.
Double Patenting
3. The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent 12,206,952. Although the conflicting claims are not identical, they are not patentably distinct from each other because:
The current application (18/975,850) ...equates to...U.S. Pat. (12,206,952).
As to claim 1, the claimed “A method...” equates to “A method...” of Pat ‘952 (col.34, lines 24-54);
the claimed “storing, in a profile, a history….” "based at least in part on the history....”; “based at least in part of the user preference...”; and “generating for display a user interface…” equates to "automatically retrieving …viewing history....”; “determining...”; “in response to determining...” and “generating for simultaneous display ...” “first user interface…” “second user interface…where the first list is different from the second list of Pat ‘952 (col.34, lines 24-54; the current claim limitations are broader without “automatically retrieving …viewing history.” and other claim limitations, however the claim limitations are similar in scope, i.e., controlling user viewing history to generate a user profile based on previous access media asset or viewing history and generating for simultaneous display, a list of media asset that includes previously accessed media asset
Claims 2-9 are met in claims 2-8 of Pat’952 (col.34, line 55-col.35, line 27).
As to claim 10, the claimed “A system...” is composed of the same structural elements that were discussed with respect to claim 1.
Claims 11-18 are met as previously discussed in claims 2-8.
As to claim 19, the claimed “A non-transitory...” is composed of the same structural elements that were discussed with respect to claim 1.
Claims 20 are met as previously discussed in claim 2-8.
Although the conflicting claims are not identical, they are not patentably distinct from each other; i.e., the current claims are broader in scope than the parent allowed claims. Allowance of claims 1-20 of the instant application would result in an unjustified timewise extension of the monopoly defined by patent claim Patent 12,206,952.
Claim Rejections - 35 USC § 103
4. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
5. Claim(s) 1-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over CORDRAY et al (2007/0157247) in view of LEGALL et al (6,005,565)
As to claims 1-3, CORDRAY discloses systems and methods for managing content and further discloses a method comprising:
storing, in a user profile, a history of user activity of accessing a plurality of content items via at least one user device associated with the user profile (figs; 7-15, [0007-0009]; [0062-0063] [0131-0135]-viewing history, [0145-0149]-viewing history [0169-0171]); comparing the viewing history of media assets or previously accessed media assets by the user (figs.14-22, [0062-0069], [0099-0102], [0131-0135]-viewing history, [0145-0149]-viewing history [0169-0171] and [0181-0191]),
storing a plurality of representative image files for a content item; storing, for each respective representative image file of the plurality of representative image files, respective properties associated with the respective representative image file ([0055-0060] and [0182-0185]); respective media asset includes clips: video, audio, text and other visual images; based at least in part on the history of user activity stored in the user profile, identifying at least one attribute of the plurality of content items as a user-preferred attribute;
selecting a particular representative image file (monitoring interactions) for the content item from the stored plurality of representative image files for representing the content item based at least in part on the user-preferred attribute and the respective properties associated with the particular representative image file; and generating for display a user interface for interacting at least with a user interface element representative of the content item, wherein the user interface element comprises both a representative image stored by the particular representative image file for the content item and a title of the content item, the user interface element being distinct from the content item; wherein the user-preferred attribute indicates at least one of: (a) a genre common to each content item of the plurality of content items, or (b) an actor common to each content item of the plurality of content items; wherein the user-preferred attribute indicates at least one of: (a) a rating common; each content item of the plurality of content items, or (b) a keyword common to each content item of the plurality of content items.; based at least in part on the user-preferred attribute, selecting a representative image for a content item from a plurality of representative images for representing the content item; and generating for display a user interface for interacting at least with a user interface element representative of the content item, wherein the user interface element comprises both the selected representative image for the content item and a title of the content item, the user interface element being distinct from the content item (figs; 7-15, [0007-0009]; [0062-0063] [0131-0135]-viewing history, [0145-0149]-viewing history [0169-0171]); comparing the viewing history of media assets previously accessed by the user with a plurality of media assets (figs.14-22, [0062-0069], [0099-0102], [0131-0135]-viewing history, [0145-0149]-viewing history [0169-0171] and [0181-0191]), the interactive media guidance App (IMG-APP) monitors watched shows, series, episodes, etc. and interactions with respective visual objects and stored at the user device or server and new content or other shows, series, episodes, etc., to generate specific profile(s): Mom, Family, Mary, Guest, etc. comprising the visual indicators for listing of viewed or unviewed content and New to Me “NW” shows, series, particular episode that has been airing for a time period; the claimed “first region…” and “second region…” are functional descriptive and can be directed to any region within the display interface; various terms that includes viewing history, option to Browser User Profile; various displays options: viewing history listings, listing of programs, ads viewed and not viewed, related info schedules, listings of descriptions, actors, schedule info, etc., on screens);
based at least in part on the user-preferred attribute (series, episode, serial ads, etc.) is included in the viewing history of media assets previously accessed by the user and that a second media asset (New to Me “NW”) included in the viewing history of the user profile ([0007-0009], [0131-0144] and [0181-0191]) selecting a representative image for a content item from a plurality of representative images for representing the content item; and generating for display a user interface for interacting at least with a user interface element representative of the content item, wherein the user interface element comprises both the selected representative image for the content item and a title of the content item, the user interface element being distinct from the content item ([0062-0063] and [0139-0141]), title, actor, name, description, rating, channel, etc., associated with the series, episode, serial ads, etc.; ((icons, indicators, alerts, etc.; figs.14-22, [0062-0069], [0099-0102], [0131-0145] and [0181-0191], various terms that includes viewing history, option to Browser User Profile; various displays options: viewing history listings, listing of programs, ads viewed and not viewed, related info schedules, listings of descriptions, actors, schedule info, etc., on screens) associated with the second media asset in a first list of media assets previously accessed by the user, and generating for display, using control circuitry, a second user interface element (content managed at individual levels of specificity or at device level) associated with the second media asset in a second list of media assets, wherein the first list is different from the second list (figs.14-22, [0131-0144] and [0181-0191]), the interactive media guidance App (IMG-APP) monitors watched shows, series, episodes, etc. and new content or other shows, series, episodes, etc., to generate specific profile(s): Mom, Family, Mary, Guest, etc. comprising the visual indicators for listing of viewed or unviewed content and New to Me “NW” shows, series, particular episode that has been airing for a time period; the claimed “first region…” and “second region…” are functional descriptive and can be directed to any region within the display interface; IPG-APP automatically, updating the various listing from one display device to another display device including omitting, suppressing other listings as desired based on a set condition(s) or predetermined criteria
CORDRAY displays lists of media access of interest; generating for display a second user interface element associated with the second media asset in a second list of media assets further determining that the first user interface element was generated for display in the first list and in response to the determining, excluding the first user interface element from the second list (figs.12-22, [0005-0009], [0062-0069], [0099-0102] and [0132-0145]), IPG-APP automatically, updating the various listing from one display device to another display device including omitting, suppressing other listings as desired based on a set condition(s) or predetermined criteria; BUT appears silent as to where the UI element includes both the selected representative image for the content item and a title of the content item and a title of the content item, the UI element being distinct from the content item and simultaneously generating for display the user interface element and a selectable option to trigger play of the content item
However, in the same field of endeavor, LEGALL disclose an integrated search of EPG Internet and UI element includes both the selected representative image for the content item and a title of the content item and a title of the content item, the UI element being distinct from the content item and simultaneously generating for display the user interface element and a selectable option to trigger play of the content item (figs.2-4, Col.2, line 38-Col.4, line 1+), displays search result via the Information resources and other media asset simultaneously.
Hence it would have been obvious before the effective filing date of the invention to incorporate the reaching of LEGALL into the system of CORDRAY to provide additional enhancement to the display interface including generating search results from other resources
As to claim 4-8, CORDRAY further discloses wherein the storing the history of user activity of accessing the plurality of content items comprises storing an identified type of the at least one user device used to access the plurality of content items; storing identified rating information pertaining to at least one content item of the plurality of content items that have been accessed via the at least one user device associated with the user profile; storing identified social media recommendations of at least one content item from the plurality of content items that have been accessed via the at least one user device associated with the user profile and storing an identified length of at least one content item from the plurality of content items that have been accessed via the at least one user device associated with the user profile and wherein the selected representative image is a frame identified from the content item ([0062-0069], [0099-0102], [0132-0145], (0152-0157] and [0161-0170] ), note remarks in claims 1-3, ranks listings according to a predetermined criteria, ranks determined based on weighted combinations of criteria to auto searching to generate listings and other related listings, displayed on PIG or different areas of the display including displaying indicators at different areas of the display listings
As to claims 10-13 “A system…” is composed of the same structural elements that were discussed with respect to claims 1-3.
Claim 14 is met as previously discussed in claim 5.
Claims 15-18 are met as previously discussed in claims 6-9.
As to claims 10-13 “A system…” is composed of the same structural elements that were discussed with respect to claims 1-3.
As to claims 19-21, the claimed “A non-transitory computer readable medium comprising…” is composed of the same structural elements that were discussed with respect to claims 1-3.
Claim 21 is met as previously discussed in claims 1-3; icons, images, etc., maybe application specific generated image, icon, etc.
Conclusion
6. 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached Monday-Friday 7-4.
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, BRUCKART BENJAMIN can be reached on 571-272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANNAN Q SHANG/Primary Examiner, Art Unit 2424
ANNAN Q. SHANG
Prosecution Insights