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 action is responsive to application communication filed on 12/23/2024.
2. Claims 1-20 are pending in the case.
3. Claims 1,13 and 20 are independent claims.
Claim Rejections - 35 USC § 101
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.
Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 20 recites the phrase “non-transient computer readable medium”, which is not explicitly defined in the specification. Due to the non-limiting scope of the phrase, Examiner submits that one of ordinary skill in the art would interpret the phrase to include a carrier wave, which is considered non statutory subject matter. Therefore, in such instance, the recited phrase is merely a signal and is not a process, a machine, a manufacture or a composition of matter.
Accordingly, the claim fails to recite statutory subject matter as defined in 35 U.S.C. § 101.
To overcome the 35 U.S.C. 101 rejection, Examiner suggests to amend claim to recite “non-transitory
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 3, 11, 13-15 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ball et al. (hereinafter “Ball”), U.S. Published Application No. 20140171179 A1.
Claim 1:
Ball teaches A method comprising: presenting a first video with a tag indicating that the first video is marked by a first user, wherein the first video is generated by a second user based on a first media content being created by the first user; (a celebrity as a first user selecting favorite videos generated by second users as fans to display on the celebrity channel. Under Broadest Reasonable Interpretation (BRI), “with a tag” is considered any indicating a type of content (i.e., tag) , filtering, labelling or selecting a type of content that distinguishes a video from a group of videos. Par. 175; The fan content management engine 416 may gather video content, audio content, images, and other multimedia content generated by a fan. Par. 175; In various embodiments, the fan content management engine 416 may gather the fan-generated content based on the instruction from an editor system on an editor device. In various embodiments, the fan-generated content is related to the celebrity-generated content. Par. 200; At step 908, the content integration API engine 528 may provide instructions to integrate the enhancements and the celebrity-generated content into a celebrity channel. At step 910, the fan content management API engine 526 may access fan-generated content on the celebrity portal system 114. More specifically, the fan content management API engine 526 may be configured to provide instructions to indicate which content types fans want, and which items of fan-generated content are to be inserted into the celebrity channel.)
and displaying, based on an operation associated with the tag from a user, a profile page of the first user including one or more videos marked by the first user, wherein the one or more videos comprise the first video. (e.g., displaying the celebrity channel (i.e., profile page) with the favorite videos generated by fans based on operation to access the channel by the fan par. 176; Step 814 comprises integrating the fan-generated content into the celebrity channel. Par. 223; FIG. 13 shows an example of the Taylor Swift.RTM. channel interface 1300, according to some embodiments. The Taylor Swift.RTM. channel interface 1300 may be accessed by a fan.)
Claim 2 depends on claim 1:
Ball teaches further comprising: in response to a marking operation on the first video by the first user, generating the tag for the first video. (e.g., Under BRI, “marking operation” includes any instructions from celebrity or editors of the celebrity that results in a selection of a favorite fan video being displayed on the celebrity channel par. 53; In various embodiments, the production system 110 may allow the celebrity to interface with one or more editors who manage the celebrity-generated content and manage the look and feel of a celebrity portal for the celebrity. Par. 175; In various embodiments, the fan content management engine 416 may gather the fan-generated content based on the instruction from an editor system on an editor device. In various embodiments, the fan-generated content is related to the celebrity-generated content. Par. 200; More specifically, the fan content management API engine 526 may be configured to provide instructions to indicate which content types fans want, and which items of fan-generated content are to be inserted into the celebrity channel.)
Claim 3 depends on claim 2:
Ball teaches further comprising: in response to an adding operation for adding a marked video from the first user, determining a plurality of candidate videos, wherein each of the plurality of candidate videos is generated based on a media content created by the first user: and displaying, to the first user, the plurality of candidate videos, wherein the marking operation on the first video comprises a selection on the first video among the plurality of candidate videos. (e.g., adding a favorite fan video from a collection of videos to be displayed on the celebrity channel par. 53; In various embodiments, the production system 110 may allow the celebrity to interface with one or more editors who manage the celebrity-generated content and manage the look and feel of a celebrity portal for the celebrity. Par. 175; In various embodiments, the fan content management engine 416 may gather the fan-generated content based on the instruction from an editor system on an editor device. In various embodiments, the fan-generated content is related to the celebrity-generated content. Par. 200; More specifically, the fan content management API engine 526 may be configured to provide instructions to indicate which content types fans want, and which items of fan-generated content are to be inserted into the celebrity channel.)
Claim 11 depends on claim 1:
Ball teaches wherein a total number of the one or more videos marked by the first user is less than or equals to a predefined threshold. (e.g., region of the celebrity channel is limited based on predefined region threshold par. 220; The celebrity content channel interface 1200B may include a display for integrating a reactive region 1216, a navigation area 1218, and an interactive region 1220. The reactive region 1216 may comprise content that a fan can view with little or no interactive input. In this example, the reactive region 1216 may include a premium content field 1222 and an electronic program guide field 1224.)
Claim 13:
Claim 13 is substantially encompassed in claim 1, therefore, Examiner relies on the same rationale set forth in claim 1 to reject claim 13 (e.g., computer device see par. 51; Each of the celebrity device 102, the fan device 104, the media management server system 106, and the editor device 108 may comprise a digital device. As used herein, a digital device is a device with a memory and a processor.)
Claim 14 depends on claim 13:
Claim 14 is substantially encompassed in claim 2, therefore, Examiner relies on the same rationale set forth in claim 2 to reject claim 14.
Claim 15 depends on claim 14:
Claim 15 is substantially encompassed in claim 3, therefore, Examiner relies on the same rationale set forth in claim 3 to reject claim 15.
Claim 20:
Claim 20 is substantially encompassed in claim 1, therefore, Examiner relies on the same rationale set forth in claim 1 to reject claim 20 (e.g., computer device see par. 51; Each of the celebrity device 102, the fan device 104, the media management server system 106, and the editor device 108 may comprise a digital device. As used herein, a digital device is a device with a memory and a processor.)
Claim Rejections - 35 USC § 103
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ball as cited above, in view of Birnbaum et al. (hereinafter “Birnbaum”), U.S. Published Application No. 20160149956 A1.
Claim 6 depends on claim 2:
Ball fails to expressly teach wherein the marking operation is disabled if a total number of videos that have been marked by the first user reaches a predefined threshold.
However, Birnbaum teaches wherein the marking operation is disabled if a total number of videos that have been marked by the first user reaches a predefined threshold. (e.g., applying content permission setting to content by disabling selection of video clip (i.e., disabling marking operation) after a predetermined number of selections par. 170; content owners may access a dedicated partner portal to set up at any time all the rules and permissions of their content. For example content owners may control suppression, end card, expiration or maximum clip length. They may also control availability of clips after they were created, and even after they were published in a third party's website. Par. 174; Whipclip's security model prevents a user-id (or device-id for anonymous users) from watching an entire show by keeping track of how many clips of a show instance (i.e. episode) users have watched, and prevents users from watching any more clips once the user has reached his or her maximum viewing percentage threshold, which is currently set at 50%, but can be changed when necessary.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify selectable fan favorite content as taught by Ball to be incorporate permission settings that disable selection based on reaching a predetermined number of selections as taught by Birnbaum to provide the benefit of allowing a user to determine how particular information is shared in effort to improve security of content when desired.
Claims 4, 5, 7-10, 12 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ball as cited above, in view of Modi et al. (hereinafter “Modi”), U.S. Published Application No. 20190082024 A1.
Claim 4 depends on claim 2:
Ball fails to expressly teach in response to a commenting operation on the first video from the first user, displaying a commenting area comprising prompt information indicating that the first video can be marked; wherein the marking operation on the first video comprises an operation for issuing a comment on the first video with the prompt information selected
However, Modi teaches in response to a commenting operation on the first video from the first user, displaying a commenting area comprising prompt information indicating that the first video can be marked; wherein the marking operation on the first video comprises an operation for issuing a comment on the first video with the prompt information selected.(e.g., emailing, sharing or posting a spotlight content video as an attachment with comments par. 17; The social-networking system may allow a user to interact with the spotlight content item in a variety of ways, which may comprise reading, watching, downloading, commenting on, liking, or sharing the spotlight content item.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify fan favorite content posted on the celebrity channel as taught by Ball to be shared as an attachment with comments as taught by Modi to provide the benefit of allowing a user to determine how particular content is shared in effort of improving the social interaction connection between users.
Claim 5 depends on claim 2:
Ball fails to expressly teach in response to a sharing operation on the first video from the first user, displaying a sharing area comprising a marking control indicating that the first video can be marked; wherein the marking operation on the first video comprises an operation for triggering the marking control.
However, Modi teaches in response to a sharing operation on the first video from the first user, displaying a sharing area comprising a marking control indicating that the first video can be marked; wherein the marking operation on the first video comprises an operation for triggering the marking control. (e.g., displaying privacy settings (i.e., sharing area) that indicate how content is shared, wherein a setting specifying the visibility of a content object is considered a marking control. par. 17; The spotlight content item may be associated with privacy settings specifying the accessibility to the spotlight content item. Par. 39; A privacy setting of a user determines how particular information associated with a user can be shared. Par. 61; A privacy setting of an object may specify how the object (or particular information associated with an object) can be accessed (e.g., viewed or shared) using the online social network. Where the privacy settings for an object allow a particular user to access that object, the object may be described as being “visible” with respect to that user. Par. 61; Privacy settings of a social-graph element, such as a node or an edge, may specify how the social-graph element, information associated with the social-graph element, or content objects associated with the social-graph element can be accessed using the online social network. )
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify fan favorite content posted on the celebrity channel as taught by Ball to include associated privacy settings for determining accessibility to content as taught by Modi to provide the benefit of allowing a user to determine how particular information associated with a user is shared in effort to improve security when desired.
Claim 7 depends on claim 2:
Ball fails to expressly teach further comprising: removing the tag for the first video and removing the first video from the one or more videos based on a removing operation on the first video from the first user.
However, Modi teaches further comprising: removing the tag for the first video and removing the first video from the one or more videos based on a removing operation on the first video from the first user.(e.g., removing video content from spotlight indication based on accessibility rules of privacy settings or timescale settings 17; The spotlight content item may be associated with privacy settings specifying the accessibility to the spotlight content item. The spotlight content item may be of one of a plurality of formats, which may comprise a text-based post, an image, a video and/or audio recording, a live video broadcast, or a downloadable software product or service. par. 17; In particular embodiments, the spotlight content item may be associated with a timescale. The timescale may be defined by an availability of the spotlight content item, a duration of the spotlight content item, an interest span of an intended audience of the spotlight content item, or an intent of a creator of the spotlight content item.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify fan favorite content posted on the celebrity channel as taught by Ball to be based on timescale as taught by Modi to provide the benefit of allowing a user to determine how particular content is shared in effort to efficiently replace content as desired.
Claim 8 depends on claim 1:
Ball fails to expressly teach presenting, to the second user, a notification indicating that the first video is marked by the first user.
However, Modi teaches presenting, to the second user, a notification indicating that the first video is marked by the first user. (e.g., notifying user indicating a spotlight video par. 6; In particular embodiments, a notification system may quickly deliver a time-sensitive notification about a just-posted content item (“a spotlight content item”) to a large number of users of a social-networking system.) par. 17; The spotlight content item may be of one of a plurality of formats, which may comprise a text-based post, an image, a video and/or audio recording, a live video broadcast, or a downloadable software product or service. The spotlight content item may be made available on the social-networking system in a plurality of ways, which may comprise a post on a profile page, a link in a status update, an advertisement, an email from the social-networking system, or a message from a third-party application of the social-networking system. Par. 24; The notification distribution service may utilize different techniques to attempt to provide a notification to a user in a manner that increases the likelihood that the user will interact with the notification (e.g., a “click-through” action whereby the user clicks on a link presented in a visual notification to access a spotlight content item) )
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify fan favorite content posted on the celebrity channel as taught by Ball to include a notification system that delivers an spotlight related link to a user as taught by Modi, to provide the benefit of improving the social interaction connection between users.
Claim 9 depends on claim 8:
Ball/Modi teaches obtaining, from the second user, a selection operation on an identifier of the first user which is displayed on a messaging page including the notification; and displaying, based on the selection operation, the profile page of the first user. (e.g., accessing a spotlight item posted on a profile page from an email notification including a link to the spotlight item (i.e., selection operation on an identifier) Modi; Par. 17; The spotlight content item may be made available on the social-networking system in a plurality of ways, which may comprise a post on a profile page, a link in a status update, an advertisement, an email from the social-networking system, or a message from a third-party application of the social-networking system. Par. 24; The notification distribution service may utilize different techniques to attempt to provide a notification to a user in a manner that increases the likelihood that the user will interact with the notification (e.g., a “click-through” action whereby the user clicks on a link presented in a visual notification to access a spotlight content item) )
Claim 10 depends on claim 8:
Ball fails to expressly teach removing the tag for the first video and removing the first video from the one or more videos based on determining that the first video is set as private by the second user.
However, Modi teaches removing the tag for the first video and removing the first video from the one or more videos based on determining that the first video is set as private by the second user. (e.g., using privacy settings to determine accessibility to spotlight content item par. 17; The spotlight content item may be associated with privacy settings specifying the accessibility to the spotlight content item. Par. 39; A privacy setting of a user determines how particular information associated with a user can be shared.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify fan favorite content posted on the celebrity channel as taught by Ball to include associated privacy settings for determining accessibility to content as taught by Modi to provide the benefit of allowing a user to determine how particular information associated with a user is shared in effort to improve security when desired.
Claim 12 depends on claim 1:
Ball fails to expressly teach removing the tag for the first video and removing the first video from the one or more videos after a time duration starting from a time when the first video is marked.
However, Modi teaches removing the tag for the first video and removing the first video from the one or more videos after a time duration starting from a time when the first video is marked. (e.g., removing spotlight video based on timescale such as a duration time par. 17; In particular embodiments, the spotlight content item may be associated with a timescale. The timescale may be defined by an availability of the spotlight content item, a duration of the spotlight content item, an interest span of an intended audience of the spotlight content item, or an intent of a creator of the spotlight content item.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify fan favorite content posted on the celebrity channel as taught by Ball to be based on timescale as taught by Modi to provide the benefit of allowing a user to determine how particular content is shared in effort to efficiently replace content as desired.
Claim 16 depends on claim 14:
Claim 16 is substantially encompassed in claim 4, therefore, Examiner relies on the same rationale set forth in claim 4 to reject claim 16.
Claim 17 depends on claim 14:
Claim 17 is substantially encompassed in claim 5, therefore, Examiner relies on the same rationale set forth in claim 5 to reject claim 17.
Claim 18 depends on claim 13:
Claim 18 is substantially encompassed in claim 8, therefore, Examiner relies on the same rationale set forth in claim 8 to reject claim 18.
Claim 19 depends on claim 18:
Claim 19 is substantially encompassed in claim 9, therefore, Examiner relies on the same rationale set forth in claim 9 to reject claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Haitsuka et al. US 20160007052 A1
Par. 160; Actual actions would include sharing an artist's song or posting it on social media to earn the fan gaming points and increase the virtual market value of an artist.
Pizzurro et al. US 20190281334 A1
See abstract; In another embodiment, the viewers can further manipulate the program content of the production to create a new production, which can be broadcast over the customized programming system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY ORR whose telephone number is (571)270-1308. The examiner can normally be reached 9AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Adam Queler can be reached at (571)272-4140. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY ORR/Primary Examiner, Art Unit 2172
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