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 .
The Applicant’s preliminary amendment received on 04/07/2025 has been considered. It is noted that claims 1-21 have been cancelled. New claims 22-41 have been added.
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 time wise 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).
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4. Claims 22-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No.11,602,687. Although the claims at issue are not identical, they are not patentably distinct from each other because they both describe similar method and system comprising: receiving, from one or more media stream servers over a communication network, plurality of object data generated during sessions with one or more user devices; identifying a threshold of a milestone event for a current session associated with a stream of a media title based at least in part on one or more factors associated with the current session; generating a prediction of whether one or more object aggregations of object data of the plurality of object data meet the threshold; and causing a presentation of information associated with the prediction of the milestone event (see claims 1-4 of U.S. Patent No. 11,602,687).
5. Claims 1-25 of U.S. Patent No.11,602,687, discloses similar element and limitations to the Claims 22-41 of the present patent application. The present application is therefore an obvious variant thereof of U.S. Patent No.11,602,687. This is an obviousness-type double patenting rejection.
The following claim chart shows the claim-to-claim comparison between independent claims from both applications.
19/011,390
11,602,687
22. A method comprising: receiving, from one or more media stream servers over a communication network, plurality of object data generated during sessions with one or more user devices; identifying a threshold of a milestone event for a current session associated with a stream of a media title based at least in part on one or more factors associated with the current session; generating a prediction of whether one or more object aggregations of object data of the plurality of object data meet the threshold; and causing a presentation of information associated with the prediction of the milestone event.
1. A method of predicting performance in a media based on media-object binding, the method comprising: storing, in one or more databases in memory, one or more sets of object data, media-object bindings between stored object data and the media, object-object associations between object data, and object aggregations formed by evaluations formed by evaluations of the object-object associations; and executing instructions stored in memory, wherein execution of the instructions by one or more processors: associates one or more sets of object data with the media, wherein the one or more sets of object data comprises data about one or more objects being displayed in the media; forms, based on the associating, one or more media-object bindings between the one or more sets of object data and the media, wherein the one or more media-object bindings are stored in the one or more databases; forms one or more object-object associations between the one or more sets of object data and other stored object data and storing the one or more object-object associations in the one or more databases, wherein the one or more object-object associations form one or more object aggregations; and
determines if any of the one or more object aggregations at least meet a set threshold.
2. The method of claim 1, further comprising making a suggestion via the media that is displayed to an associated user, the displayed suggestion including a link for streaming the media in real-time when the set threshold is determined to have at least been met.
3. The method of claim 1, wherein the media is a live-streaming media.
4. The method of claim 1, wherein the set threshold is a fastest completion time of reaching a milestone of a previous session, wherein the determination includes comparing a predicted completion time, based on an acceleration calculated over a period of time of a current session, with the fastest completion time.
This is an obviousness-type double patenting rejection.
6. Claims 22-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No.12,239,909 Although the claims at issue are not identical, they are not patentably distinct from each other because they both describe similar method and system comprising: receiving, from one or more media stream servers over a communication network, plurality of object data generated during sessions with one or more user devices; identifying a threshold of a milestone event for a current session associated with a stream of a media title based at least in part on one or more factors associated with the current session; generating a prediction of whether one or more object aggregations of object data of the plurality of object data meet the threshold; and causing a presentation of information associated with the prediction of the milestone event (see claim 1 of U.S. Patent No. 12,239,909).
7. Claims 1-21 of U.S. Patent No. 12,239,909, discloses similar element and limitations to the Claims 22-41 of the present patent application. The present application is therefore an obvious variant thereof of U.S. Patent No. 12,239,909. This is an obviousness-type double patenting rejection.
The following claim chart shows the claim-to-claim comparison between independent claims from both applications.
19/011,390
12,239,909
1. A method comprising:
receiving, from one or more media stream servers over a communication network, plurality of object data generated during sessions with one or more user devices;
identifying a threshold of a milestone event for a current session associated with a stream of a media title based at least in part on one or more factors associated with the current session;
generating a prediction of whether one or more object aggregations of object data of the plurality of object data meet the threshold; and causing a presentation of information associated with the prediction of the milestone event.
1. A method of predicting virtual events based on digital object aggregations, the method comprising:
receiving a plurality of sets of object data sent over a communication network from one or more media streaming servers, the sets of object data generated during sessions with one or more user devices; storing the sets of object data in one or more databases in memory, wherein the sets of object data include one or more media-object bindings between media files and associated object data; executing instructions stored in memory, wherein execution of the instructions by one or more processors:
identifies a dynamic threshold for a current session associated with a stream of a media title based on one or more factors associated with the current session; determines that one or more aggregations of the object data meet the dynamic threshold; and
generates a prediction regarding a milestone event based on the determination that the dynamic threshold is met by the one or more aggregations of the object data; and provides a suggestion over the communication network to one or more of the user devices based on the prediction
This is an obviousness-type double patenting rejection.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Trombetta et al discloses integrating commentary content and gameplay content over a multi-user platform; Zalewski discloses method and apparatus for real-time viewer interaction with a media presentation.
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/ADETOKUNBO O TORIMIRO/Primary Examiner, Art Unit 3715
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