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 .
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1-20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 12219190. Although the claims at issue are not identical, they are not patentably distinct from each other because they are different definitions or descriptions of the same subject matter varying in breadth and because of the claims in the instant application are broader than the claims in '190.
A comparison of the claim language follows, where the similar language is underlined for identification:
U.S. Patent No. 12219190
Instant Application
18/988182
1. A computing device, comprising: one or more memories; and at least one processor each coupled to at least one of the memories and configured to: access a view history of a user account, the view history stored in and accessed from a storage device accessible by the at least one processor, the view history collected from a media device associated with the user account, the view history comprising at least a first item and a second item viewed by the user account in sequence within a predetermined time interval, the first item and the second item viewed on a display device associated with the media device, the storage device storing a plurality of view histories associated with a plurality of user accounts and collected from a plurality of media devices, the plurality of user accounts including the user account and a plurality of additional user accounts; generate a co-watch graph based on the view history of the user account, wherein the co-watch graph comprises a plurality of nodes including a first node corresponding to the first item viewed by the user account, a second node corresponding to the second item viewed by the user account, and an edge between the first node and the second node; assign an initial node weight of the first node to the first node representing a first number of times the first item has been viewed by the user account; assign an initial node weight of the second node to the second node representing a second number of times the second item has been viewed by the user account; assign an initial weight of the edge to the edge between the first node and the second node representing a number of co-occurrence times that the first item and the second item have been viewed in sequence within the predetermined time interval; adjust the initial weight of the edge to remove bias to derive a normalized weight of the edge based on the initial weight of the edge, the initial node weight of the first node, and the initial node weight of the second node; for a current item being viewed by the user account represented by a current node of the co-watch graph, select, based on the co-watch graph with the edge having the normalized weight, a recommended item represented by an associated node in the co-watch graph; determine a probability that the recommended item will be viewed by the user account as a maximal probability of being viewed by the user account; and command the media device to display the recommended item on the display device based on the selection of the recommended item.
1. A computing device, comprising: one or more memories; and at least one processor each coupled to at least one of the memories and configured to perform operations comprising: accessing a view history of a user account, the view history stored in and accessed from a storage device accessible by the at least one processor, the view history collected from a media device associated with the user account, the view history comprising at least a first item and a second item viewed by the user account in sequence within a predetermined time interval, the first item and the second item viewed on a display device associated with the media device, the storage device storing a plurality of view histories associated with a plurality of user accounts and collected from a plurality of media devices, the plurality of user accounts including the user account and a plurality of additional user accounts; generating a co-watch graph based on the view history of the user account, wherein the co-watch graph comprises a plurality of nodes including a first node corresponding to the first item viewed by the user account, a second node corresponding to the second item viewed by the user account, and an edge between the first node and the second node; for a current item being viewed by the user account represented by a current node of the co-watch graph, selecting, based on the co-watch graph, a recommended item represented by an associated node in the co-watch graph, wherein the selecting the recommended item comprises: generating an ordered sequence of nodes of the co-watch graph coupled to the current node, wherein: each respective node of the ordered sequence of nodes represents a corresponding item being viewed by the user account, each respective node of the ordered sequence of nodes has an adjusted node weight respectively based on a context of the respective node and a predetermined watching history context factor, and at least one pair of nodes in the ordered sequence of nodes has an edge between a first node of the pair of nodes and a second node of the pair of nodes, a weight of the edge representing a number of co-occurrence times that a first item represented by the first node and a second item represented by the second node have been viewed in sequence within the predetermined time interval, the weight of the edge being adjusted to remove bias; for each respective node of the ordered sequence of nodes, determining a corresponding probability of the corresponding item being viewed by the user account based on a corpus including a plurality of items viewed by a plurality of additional user accounts; and selecting the recommended item of the current item as represented by a maximal node of the ordered sequence of nodes having a maximal probability of being viewed by the user account among the probabilities of the corresponding items of each respective node of the ordered sequence of nodes; determining a probability that the recommended item will be viewed by the user account as the maximal probability of being viewed by the user account; and commanding the media device to display the recommended item on the display device based on the selection of the recommended item.
U.S. Patent No. 12219190
Instant Application
18/988182
10. A method performed by at least one computing device, comprising: accessing a view history of a user account, the view history stored in and accessed from a storage device accessible by the at least one computing device, the view history collected from a media device associated with the user account, the view history comprising at least a first item and a second item viewed by the user account in sequence within a predetermined time interval, the first item and the second item viewed on a display device associated with the media device, the storage device storing a plurality of view histories associated with a plurality of user accounts and collected from a plurality of media devices, the plurality of user accounts including the user account and a plurality of additional user accounts; generating a co-watch graph based on the view history of the user account, wherein the co-watch graph comprises a plurality of nodes including a first node corresponding to the first item viewed by the user account, a second node corresponding to the second item viewed by the user account, and an edge between the first node and the second node; assigning an initial node weight of the first node to the first node representing a first number of times the first item has been viewed by the user account; assigning an initial node weight of the second node to the second node representing a second number of times the second item has been viewed by the user account; assigning an initial weight of the edge to the edge between the first node and the second node representing a number of co-occurrence times that the first item and the second item have been viewed in sequence within the predetermined time interval; adjusting the initial weight of the edge to remove bias to derive a normalized weight of the edge based on the initial weight of the edge, the initial node weight of the first node, and the initial node weight of the second node; for a current item being viewed by the user account represented by a current node of the co-watch graph, selecting, based on the co-watch graph with the edge having the normalized weight, a recommended item represented by an associated node in the co-watch graph; determining a probability that the recommended item will be viewed by the user account as a maximal probability of being viewed by the user account; and commanding the media device to display the recommended item on the display device based on the selection of the recommended item.
8. A computer-implemented method, comprising: accessing, by at least one computer processor, a view history of a user account, the view history stored in and accessed from a storage device accessible by the at least one processor, the view history collected from a media device associated with the user account, the view history comprising at least a first item and a second item viewed by the user account in sequence within a predetermined time interval, the first item and the second item viewed on a display device associated with the media device, the storage device storing a plurality of view histories associated with a plurality of user accounts and collected from a plurality of media devices, the plurality of user accounts including the user account and a plurality of additional user accounts; generating a co-watch graph based on the view history of the user account, wherein the co-watch graph comprises a plurality of nodes including a first node corresponding to the first item viewed by the user account, a second node corresponding to the second item viewed by the user account, and an edge between the first node and the second node; for a current item being viewed by the user account represented by a current node of the co-watch graph, selecting, based on the co-watch graph, a recommended item represented by an associated node in the co-watch graph, wherein the selecting the recommended item comprises: generating an ordered sequence of nodes of the co-watch graph coupled to the current node, wherein: each respective node of the ordered sequence of nodes represents a corresponding item being viewed by the user account, each respective node of the ordered sequence of nodes has an adjusted node weight respectively based on a context of the respective node and a predetermined watching history context factor, and at least one pair of nodes in the ordered sequence of nodes has an edge between a first node of the pair of nodes and a second node of the pair of nodes, a weight of the edge representing a number of co-occurrence times that a first item represented by the first node and a second item represented by the second node have been viewed in sequence within the predetermined time interval, the weight of the edge being adjusted to remove bias; for each respective node of the ordered sequence of nodes, determining a corresponding probability of the corresponding item being viewed by the user account based on a corpus including a plurality of items viewed by a plurality of additional user accounts; and selecting the recommended item of the current item as represented by a maximal node of the ordered sequence of nodes having a maximal probability of being viewed by the user account among the probabilities of the corresponding items of each respective node of the ordered sequence of nodes; determining a probability that the recommended item will be viewed by the user account as the maximal probability of being viewed by the user account; and commanding the media device to display the recommended item on the display device based on the selection of the recommended item.
U.S. Patent No. 12219190
Instant Application
18/988182
17. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least a computing device, cause the computing device to perform operations comprising: accessing a view history of a user account, the view history stored in and accessed from a storage device accessible by the at least one computing device, the view history collected from a media device associated with the user account, the view history comprising at least a first item and a second item viewed by the user account in sequence within a predetermined time interval, the first item and the second item viewed on a display device associated with the media device, the storage device storing a plurality of view histories associated with a plurality of user accounts and collected from a plurality of media devices, the plurality of user accounts including the user account and a plurality of additional user accounts; generating a co-watch graph based on the view history of the user account, wherein the co-watch graph comprises a plurality of nodes including a first node corresponding to the first item viewed by the user account, a second node corresponding to the second item viewed by the user account, and an edge between the first node and the second node; assigning an initial node weight of the first node to the first node representing a first number of times the first item has been viewed by the user account; assigning an initial node weight of the second node to the second node representing a second number of times the second item has been viewed by the user account; assigning an initial weight of the edge to the edge between the first node and the second node representing a number of co-occurrence times that the first item and the second item have been viewed in sequence within the predetermined time interval; adjusting the initial weight of the edge to remove bias to derive a normalized weight of the edge based on the initial weight of the edge, the initial node weight of the first node, and the initial node weight of the second node; for a current item being viewed by the user account represented by a current node of the co-watch graph, selecting, based on the co-watch graph with the edge having the normalized weight, a recommended item represented by an associated node in the co-watch graph; determining a probability that the recommended item will be viewed by the user account as a maximal probability of being viewed by the user account; and commanding the media device to display the recommended item on the display device based on the selection of the recommended item.
8. A computer-implemented method, comprising: accessing, by at least one computer processor, a view history of a user account, the view history stored in and accessed from a storage device accessible by the at least one processor, the view history collected from a media device associated with the user account, the view history comprising at least a first item and a second item viewed by the user account in sequence within a predetermined time interval, the first item and the second item viewed on a display device associated with the media device, the storage device storing a plurality of view histories associated with a plurality of user accounts and collected from a plurality of media devices, the plurality of user accounts including the user account and a plurality of additional user accounts; generating a co-watch graph based on the view history of the user account, wherein the co-watch graph comprises a plurality of nodes including a first node corresponding to the first item viewed by the user account, a second node corresponding to the second item viewed by the user account, and an edge between the first node and the second node; for a current item being viewed by the user account represented by a current node of the co-watch graph, selecting, based on the co-watch graph, a recommended item represented by an associated node in the co-watch graph, wherein the selecting the recommended item comprises: generating an ordered sequence of nodes of the co-watch graph coupled to the current node, wherein: each respective node of the ordered sequence of nodes represents a corresponding item being viewed by the user account, each respective node of the ordered sequence of nodes has an adjusted node weight respectively based on a context of the respective node and a predetermined watching history context factor, and at least one pair of nodes in the ordered sequence of nodes has an edge between a first node of the pair of nodes and a second node of the pair of nodes, a weight of the edge representing a number of co-occurrence times that a first item represented by the first node and a second item represented by the second node have been viewed in sequence within the predetermined time interval, the weight of the edge being adjusted to remove bias; for each respective node of the ordered sequence of nodes, determining a corresponding probability of the corresponding item being viewed by the user account based on a corpus including a plurality of items viewed by a plurality of additional user accounts; and selecting the recommended item of the current item as represented by a maximal node of the ordered sequence of nodes having a maximal probability of being viewed by the user account among the probabilities of the corresponding items of each respective node of the ordered sequence of nodes; determining a probability that the recommended item will be viewed by the user account as the maximal probability of being viewed by the user account; and commanding the media device to display the recommended item on the display device based on the selection of the recommended item.
Claims 2-7, 9-14, and 16-20 of the instant application are similar to claims 2-9, 11-16, and 18-20 in patent application ‘190.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A KURIEN whose telephone number is (571)270-5694. The examiner can normally be reached M-F; 7:30-4:30.
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/CHRISTINE A KURIEN/Examiner, Art Unit 2421
/NATHAN J FLYNN/Supervisory Patent Examiner, Art Unit 2421