DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This action is in response to application 19/012,324 filed 1/7/2025.
Claims 1-18 are presented for examination.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claim 1 and dependent claims 2-7 of instant application 19/012,324 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 and dependent claims 2-7 of parent U.S. Patent No 12192549. This is a statutory double patenting rejection. Instant application, claim 1 recites “characterized by:”, whereas the parent claim recites “the method comprising:” In both claims, the transitional phrase is followed by the identical methods steps. This does not alter the scope of the claim. Accordingly, the claims define the same invention. Claim 8 and dependent claims 9-18 of instant application 19/012,324 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 8 and dependent claims 9-18 of parent U.S. Patent No 12192549. This is a statutory double patenting rejection. Instant application, claim 8 recites “a system for presentation of video content comprising:”, whereas the parent claim recites “a system for presentation of video content, the system comprising:” The additional phrase “the system comprising” in the parent claim does not alter the scope of the claim, as both claims use the open-ended “transitional phrase “comprising” and are followed by identical system limitations. Accordingly, the claims are identical in scope and define the same invention.
Instant application 19/012,324
Patent No 12192549
Independent Claim 1:
In a computer system, a method for playback of a video stream together with associated media content characterized by:
presenting a video stream for display on a first user device;
retrieving from storage first media content associated with the video stream along with a first media offset time stamp relative to the video stream;
presenting the first media content to a second user device at a time in the video stream corresponding to a time indicated by the first media offset time stamp;
receiving from a third user device second media content associated with the video stream;
determining if the second media content is generated by a näive viewer; and
if the second media content is generated by a näive viewer of the video stream:
associating a second media offset time stamp relative to the video stream with the second media content;
storing the second media content with the associated second media offset time stamp; and
presenting the second media content to the second user device.
Claim 2, the method of claim 1, wherein the step of determining if the second media content is generated by a näive viewer of the video stream is responsive to a determination that a time zone of the third user device is different than a time zone of the first user device.
Claim 3, the method of claim 1, wherein the step of determining if the second media content is generated by a näive viewer of the video stream is responsive to a determination that the third user device was a source of any of the stored first media content with a time stamp later than the relative time of the second media content.
Claim 4, the method of claim 1, wherein the first and second media content are conveyed to the second user device by a means different than the means by which the video stream is conveyed to the first user device.
Claim 5, the method of claim 1, wherein the first and second user devices are the same device.
Claim 6, the method of claim 1, wherein the second and third user devices are the same device.
Claim 7, the method of claim 1, wherein the first, second and third user devices are the same device.
Claim 8, a system for presentation of video content comprising:
a stream server module configured to serve a video stream to a first user device;
a media content storage and retrieval module configured to store and retrieve media content associated with the video stream and a time stamp of media content creation relative to a time of the associated video stream;
a content presentation module configured to retrieve the media content from the media content storage and retrieval module responsive to a media offset time of the video stream and present the media content to a second user device;
a content receiver module configured to receive media content from a third user device; and
a content analysis module configured to determine if received media content was created by a näive viewer;
wherein the system is operative to:
serve a video stream from the stream server module to the first user device;
synchronous with the presentation of the video stream, retrieve associated first media content from the media content storage and retrieval module based on the media offset time of the video stream and present the retrieved first media content to the second user device using the content presentation module;
during the presentation of the video stream, receive at the content receiver module second media content associated with the video stream from the third user device;
upon receipt of the second media content, determine using the content analysis module whether the second media content received from the third user device was created by a naïve viewer of the video stream; and
upon determining that the received second media content was created by a näive viewer of the video stream, store the received second media content with an associated media offset time stamp using the media content storage and retrieval module and present the received second media content to the second user device using the content presentation module.
Regarding Claim 9, the system of claim 8, wherein the content server module is a DVD or Blu-ray disc player.
Regarding Claim 10, the system of claim 8, wherein the content presentation module is configured to receive relative timing information from the stream server module.
Regarding Claim 11, the system of claim 8, wherein the content presentation module is configured to receive relative timing information from the first user device.
Regarding Claim 12, the system of claim 8, wherein the content analysis module is configured to determine if the second media content is created by a näive viewer of the video stream based on whether a time zone of the third user device is different than a time zone of the first user device.
Regarding Claim 13, the system of claim 8, wherein the content analysis module is configured to determine if the second media content is created by a näive viewer of the video stream based on whether any of the stored first media content was created by an author of the second media content at a relative time later than the relative time of the second media content.
Regarding Claim 14, the system of claim 8, wherein the content analysis module is configured to determine if the second media content is created by a näive viewer of the video stream based on whether any of the stored first media content was received from the third user device at a relative time later than the relative time of the second media content.
Regarding Claim 15, the system of claim 8, wherein the first and second media content are conveyed to 5 the second user device by a means different than the means by which the video stream is conveyed to the first user device.
Regarding Claim 16, the system of claim 8, wherein the first and second user devices are the same device.
Regarding Claim 17, the system of claim 8, wherein the second and third user devices are the same device.
Regarding Claim 18, the system of claim 8, wherein the first, second and third user devices are the same device.
Independent Claim1:
In a computer system, a method for playback of a video stream together with associated media content, the method comprising:
presenting a video stream for display on a first user device;
retrieving from storage first media content associated with the video stream along with a first media offset time stamp relative to the video stream;
presenting the first media content to a second user device at a time in the video stream corresponding to a time indicated by the first media offset time stamp;
receiving from a third user device second media content associated with the video stream;
determining if the second media content is generated by a näive viewer; and
if the second media content is generated by a näive viewer of the video stream:
associating a second media offset time stamp relative to the video stream with the second media content;
storing the second media content with the associated second media offset time stamp; and
presenting the second media content to the second user device.
Claim 2, the method of claim 1, wherein the step of determining if the second media content is generated by a näive viewer of the video stream is responsive to a determination that a time zone of the third user device is different than a time zone of the first user device.
Claim 3, the method of claim 1, wherein the step of determining if the second media content is generated by a näive viewer of the video stream is responsive to a determination that the third user device was a source of any of the stored first media content with a time stamp later than the relative time of the second media content.
Claim 4, the method of claim 1, wherein the first and second media content are conveyed to the second user device by a means different than the means by which the video stream is conveyed to the first user device.
Claim 5, the method of claim 1, wherein the first and second user devices are the same device.
Claim 6, the method of claim 1, wherein the second and third user devices are the same device.
Claim 7, the method of claim 1, wherein the first, second and third user devices are the same device.
Claim 8, a system for presentation of video content, the system comprising:
a stream server module configured to serve a video stream to a first user device;
a media content storage and retrieval module configured to store and retrieve media content associated with the video stream and a time stamp of media content creation relative to a time of the associated video stream;
a content presentation module configured to retrieve the media content from the media content storage and retrieval module responsive to a media offset time of the video stream and present the media content to a second user device;
a content receiver module configured to receive media content from a third user device; and
a content analysis module configured to determine if received media content was created by a näive viewer;
wherein the system is operative to:
serve a video stream from the stream server module to the first user device;
synchronous with the presentation of the video stream, retrieve associated first media content from the media content storage and retrieval module based on the media offset time of the video stream and present the retrieved first media content to the second user device using the content presentation module;
during the presentation of the video stream, receive at the content receiver module second media content associated with the video stream from the third user device;
upon receipt of the second media content, determine using the content analysis module whether the second media content received from the third user device was created by a naïve viewer of the video stream; and
upon determining that the received second media content was created by a näive viewer of the video stream, store the received second media content with an associated media offset time stamp using the media content storage and retrieval module and present the received second media content to the second user device using the content presentation module.
Regarding Claim 9, the system of claim 8, wherein the content server module is a DVD or Blu-ray disc player.
Regarding Claim 10, the system of claim 8, wherein the content presentation module is configured to receive relative timing information from the stream server module.
Regarding Claim 11, the system of claim 8, wherein the content presentation module is configured to receive relative timing information from the first user device.
Regarding Claim 12, the system of claim 8, wherein the content analysis module is configured to determine if the second media content is created by a näive viewer of the video stream based on whether a time zone of the third user device is different than a time zone of the first user device.
Regarding Claim 13, the system of claim 8, wherein the content analysis module is configured to determine if the second media content is created by a näive viewer of the video stream based on whether any of the stored first media content was created by an author of the second media content at a relative time later than the relative time of the second media content.
Regarding Claim 14, the system of claim 8, wherein the content analysis module is configured to determine if the second media content is created by a näive viewer of the video stream based on whether any of the stored first media content was received from the third user device at a relative time later than the relative time of the second media content.
Regarding Claim 15, the system of claim 8, wherein the first and second media content are conveyed to 5 the second user device by a means different than the means by which the video stream is conveyed to the first user device.
Regarding Claim 16, the system of claim 8, wherein the first and second user devices are the same device.
Regarding Claim 17, the system of claim 8, wherein the second and third user devices are the same device.
Regarding Claim 18, the system of claim 8, wherein the first, second and third user devices are the same device.
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. 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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 8-18 of instant application 19/012,324 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-18 of U.S. Patent No. 9215503 in combination with dependent claims (see table below). Instant application 19/012,324 independent claim 8 is not patentably distinct from independent claim 8 of U.S. Patent No. 9215503 because instant independent claim 8 is anticipated by the conflicting patented independent claim as shown in the table below. For example, the parent Patent No. 9215503 independent claim 8 includes “upon determining that the received second media content was created by a naive viewer of the video stream, associate an associated media offset time stamp with the received second media content, store the received second media content with the associated media offset time stamp using the media content storage and retrieval module and present the received second media content to the second user device using the content presentation module.” And instant application 19/012,324 independent claim 8 recites “upon determining that the received second media content was created by a naive viewer of the video stream, store the received second media content with an associated media offset time stamp using the media content storage and retrieval module and present the received second media content to the second user device using the content presentation module.” The instance application independent claim is written different from the parent language independent claim, but have the same meaning and the same features, thus, is anticipated by the conflicting patented independent claims.
Instant Application 19/012,324
USPN 9215503
Independent Claims 1
In a computer system, a method for playback of a video stream together with associated media content characterized by:
presenting a video stream for display on a first user device;
retrieving from storage first media content associated with the video stream along with a first media offset time stamp relative to the video stream;
presenting the first media content to a second user device at a time in the video stream corresponding to a time indicated by the first media offset time stamp;
receiving from a third user device second media content associated with the video stream;
determining if the second media content is generated by a naive viewer; and
if the second media content is generated by a naive viewer of the video stream:
associating a second media offset time stamp relative to the video stream with the second media content;
storing the second media content with the associated second media offset time stamp; and
presenting the second media content to the second user device.
Independent Claim 8:
A system for presentation of video content comprising:
a stream server module configured to serve a video stream to a first user device;
a media content storage and retrieval module configured to store and retrieve media content associated with the video stream and a time stamp of media content creation relative to a time of the associated video stream;
a content presentation module configured to retrieve the media content from the media content storage and retrieval module responsive to a media offset time of the video stream and present the media content to a second user device;
a content receiver module configured to receive media content from a third user device; and
a content analysis module configured to determine if received media content was created by a naive viewer;
wherein the system is operative to:
serve a video stream from the stream server module to the first user device;
synchronous with the presentation of the video stream, retrieve associated first media content from the media content storage and retrieval module based on the media offset time of the video stream and present the retrieved first media content to the second user device using the content presentation module;
during the presentation of the video stream, receive at the content receiver module second media content associated with the video stream from the third user device;
upon receipt of the second media content, determine using the content analysis module whether the second media content received from the third user device was created by a naive viewer of the video stream; and
upon determining that the received second media content was created by a naive viewer of the video stream, store the received second media content with an associated media offset time stamp using the media content storage and retrieval module and present the received second media content to the second user device using the content presentation module.
Claim 2: wherein the step of determining if the second media content is generated by a naive viewer of the video stream is responsive to a determination that a time zone of the third user device is different than a time zone of the first user device.
Claim 3: wherein the step of determining if the second media content is generated by a naive viewer of the video stream is responsive to a determination that the third user device was a source of any of the stored first media content with a time stamp later than the relative time of the second media content.
Claim 4: wherein the first and second media content are conveyed to the second user device by a means different than the means by which the video stream is conveyed to the first user device.
Claim 5: wherein the first and second user devices are the same device.
Claim 6: wherein the second and third user devices are the same device.
Claim 7: wherein the first, second and third user devices are the same device.
Claim 9: wherein the content server module is a DVD or Blu-ray disc player.
Claim 10: wherein the content presentation module is configured to receive relative timing information from the stream server module.
Claim 11: wherein the content presentation module is configured to receive relative timing information from the first user device.
Claim 12: wherein the content analysis module is configured to determine if the second media content is created by a naive viewer of the video stream based on whether a time zone of the third user device is different than a time zone of the first user device.
Claim 13: wherein the content analysis module is configured to determine if the second media content is created by a naive viewer of the video stream based on whether any of the stored first media content was created by an author of the second media content at a relative time later than the relative time of the second media content.
Claim 14: wherein the content analysis module is configured to determine if the second media content is created by a naive viewer of the video stream based on whether any of the stored first media content was received from the third user device at a relative time later than the relative time of the second media content.
Claim 15: wherein the first and second media content are conveyed to the second user device by a means different than the means by which the video stream is conveyed to the first user device.
Claim 16: wherein the first and second user devices are the same device.
Claim 17: wherein the second and third user devices are the same device.
Claim 18: wherein the first, second and third user devices are the same device.
Independent Claim 1:
In a computer system, a method for playback of a video stream together with associated media content characterized by:
presenting a video stream for display on a first user device;
retrieving from storage first media content associated with the video stream along with a first media offset time stamp relative to the video stream;
presenting the first media content to a second user device at a time in the video stream corresponding to a time indicated by the first media offset time stamp;
receiving from a third user device second media content associated with the video stream;
determining if the second media content is generated by a naive viewer; and
if the second media content is generated by a naive viewer of the video stream:
associating a second media offset time stamp relative to the video stream with the second media content;
storing the second media content with the associated second media offset time stamp; and
presenting the second media content to the second user device.
Independent Claim 8:
A system for presentation of video content
comprising:
a stream server module configured to serve a video stream to a first user device;
a media content storage and retrieval module configured to store and retrieve media content associated with the video stream and a time stamp of media content creation relative to a time of the associated video stream;
a content presentation module configured to retrieve the media content from the media content storage and retrieval module responsive to a media offset time of the video stream and present the media content to a second user device;
a content receiver module configured to receive media content from a third user device; and
a content analysis module configured to determine if received media content was created by a naive viewer;
wherein the system is operative to:
serve a video stream from the stream server module to the first user device;
synchronous with the presentation of the video stream, retrieve associated first media content from the media content storage and retrieval module based on the media offset time of the video stream and present the retrieved first media content to the second user device using the content presentation module;
during the presentation of the video stream, receive at the content receiver module second media content associated with the video stream from the third user device;
upon receipt of the second media content, determine using the content analysis module whether the second media content received from the third user device was created by a naive viewer of the video stream; and
upon determining that the received second media content was created by a naive viewer of the video stream, associate an associated media offset time stamp with the received second media content, store the received second media content with the associated media offset time stamp using the media content storage and retrieval module and present the received second media content to the second user device using the content presentation module.
Claim 2: wherein the step of determining if the second media content is generated by a naive viewer of the video stream is responsive to a determination that a time zone of the third user device is different than a time zone of the first user device.
Claim 3: wherein the step of determining if the second media content is generated by a naive viewer of the video stream is responsive to a determination that the third user device was a source of any of the stored first media content with a time stamp later than the relative time of the second media content.
Claim 4: wherein the first and second media content are conveyed to the second user device by a means different than the means by which the
video stream is conveyed to the first user device.
Claim 5: wherein the first and second user devices are the same device.
Claim 6: wherein the second and third user devices are the same device.
Claim 7: wherein the first, second and third user devices are the same device.
Claim 9: wherein the content server module is a DVD or Blu-ray disc player.
Claim 10: wherein the content presentation module is configured to receive relative timing information from the stream server module.
Claim 11: wherein the content presentation module is configured to received relative timing information from the first user device.
Claim 12: wherein the content analysis module is configured to determine if the second media content is created by a naive viewer of the video stream based on whether a time zone of the third user device is different than a time zone of the first user device.
Claim 13: wherein the content analysis module is configured to determine if the second media content is created by a naive viewer of the video stream based on whether any of the stored first media content was created by an author of the second media content at a relative time later than the relative time of the second media content.
Claim 14: wherein the content analysis module is configured to determine if the second media content is created by a naive viewer of the video stream based on whether any of the stored first media content was received from the third user device at a relative time later than the relative time of the second media content.
Claim 15: wherein the first and second media content are conveyed to the second user device by a means different than the means by which the video stream is conveyed to the first user device.
Claim 16: wherein the first and second user devices are the same device.
Claim 17: wherein the second and third user devices are the same device.
Claim 18: wherein the first, second and third user devices are the same device.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent Nos. 10764619; 11159836, and 11678000; (see table below). Although the
claims at issue are not identical, they are not patentably distinct from each other.
Instant Application
USPN 10764619
USPN 11159836
USPN 11678000
Independent claims 1 and 8
Independent claims 1 and 10
Independent claims 1 and 27
Independent
claim 1
Claim elements
are similar/Obvious
variants
Dependent claims 2-7 and 9-18
Dependent claims 2-9 and 11-16
Dependent claims 19-26 and 28-35
Dependent claims 19-26
Same and/or obvious variants
Claim Interpretation under 35 U.S.C. § 112(f) or 35 USC§ 112 (pre-A/A), Sixth Paragraph
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. - An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 8, 10-14 invoke 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph by using the language "configured to”. A review of the specification shows that the following appear to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ) limitation:
Claim 8, 10: Limitation “a stream server module” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “configured to” coupled with functional language “serve” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Claim 8: Limitation “a media content storage and retrieval module” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “configured to” coupled with functional language “store and retrieve” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Limitation “a content receiver module” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “configured to” coupled with functional language “receive” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Claim 8, 10-11: Limitation “a content presentation module” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “configured to” coupled with functional language “retrieve” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Claim 8, 12-14: Limitation “a content analysis module” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “configured to” coupled with functional language “determine” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Following the 3-prong analysis test (see MPEP 2181 (I)):
A) " a stream server module”, “a media content storage and retrieval module”, “a content presentation module”, “a content receiver module” and “a content analysis module” are generic placeholders that do not necessarily possess a specific structural meaning - where “serve”, “store and retrieve”, “retrieve”, “receive” and “determine” may reasonably be interpreted to cover 'software' generators and processors;
B) the generic place holders are modified by functional language as above, linked by the linking phrases "configured to"; and
C) the above generic placeholders are not further modified by sufficient structure, material or acts for performing the claimed function.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 8 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification finds corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
Stream Server Module – FIGS.3-4 discloses a server system including a video server (310) and stream server module (400) configured to provide video stream (340) to user devices [para.0063]. This corresponding structure is a server computer with network interface configured to stream video.
Media Content Storage and Retrieval Module - FIGS.3-4 discloses Media Content Server (320) and Media Content Store (330). The specification describes storing and retrieving media content based on timing information [para.0065]. The corresponding structure is a server and associated data store configured for storage and retrieval.
Content Presentation Module – FIGS.3-4 discloses Content Presentation Module (430) and user display devices (360, 370). The specification describes delivering synchronized media content to the display device [para.0066]. The corresponding structure is a server and display device configured to present media content.
Content Receiver Module - FIGS.3-4 discloses Content Receiver Module (410) connected to Social Network (380). The specification describes receiving social media content via a network interface [para.0064]. The corresponding structure is a server with network interface configured to receive media content.
Content Analysis Module – FIG.4 discloses Content Analysis Module (420) and FIG.5 provides a flowchart describing the determination logic (e.g., relative time offset and näive viewer determination) [para.0065]. The corresponding structure is a processor executing the disclosed algorithm.
According, the specification provides sufficient structural support for each claimed module.
If applicant wishes to provide further explanation or dispute the examiner's interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-18 are rejected under 35 U.S.C § 103(a) as being unpatentable over Mark Leroy Walker, Pub No US 2015/0020096 (hereinafter Walker) in view of McCall et al., US Pub No 2015/0156236 (hereafter McCall).
Regarding Claim 1, Walker discloses in a computer system, a method for playback of a video stream together with associated media content [FIG.1] characterized by:
presenting a video stream for display on a first user device [para.0062: Discloses streaming video (a video stream); and FIG.5, para(s).0063-0064: Discloses the system (element 500) includes a first screen device (element 510 - a first user device), a second screen device (element 520), a playback device (element 530), a network (element 540) and server (element 550). The first screen device (element 510) is a display device for displaying content such as television programs, movies, and websites.];
first media content associated with the video stream along with a first media offset time stamp relative to the video stream [para.0160: Discloses a mechanism for associating message to a specific point in time relative to the start of a media content (such as video); and para.0161: Discloses hashtags are used to add a timestamp, and encoded time offset is sent as part of the message itself. Thus, associating a message with a specific point in time relative to the start of the media content and encoding the time offset in the message. This constitutes a media offset time stamp relative to the video stream.];
presenting the first media content to a second user device at a time in the video stream corresponding to a time indicated by the first media offset time stamp [para.0160: Discloses social messages employing these techniques can be associated to specific points in time within the particular content; and para.0170: Discloses a graphical representation of the social messages associated with specific time periods of the primary content on the first screen device (element 510) can then be displayed on the second screen device (element 520) while the primary content is being displayed on the first screen device (element 510). Thus, teaching displaying social messages associated with specific time periods while primary content is being displayed. Presenting media content associated with a specific time during playback satisfies this limitation.];
receiving from a third user device second media content associated with the video stream [FIG.24, para.0170: Discloses once begun (block 2410) the method includes receiving a social message pertaining to the particular content in question, in this case, the content being displayed on the first screen device 510 (block 2440). Thus, a social message is media content. The message originates from a social network user device separate from the first (element 510) and second (element 520) screen devices. Under broadest reasonable interpretation (BRI), such a device constitutes a “third user device.” Because the message pertains to the content being displayed, it is associated with the video stream.];
if the second media content is generated by a näive viewer of the video stream [Note: The “if” limitation is conditional in nature and does not impose a requirement that the condition be triggered in every instance. Rather, it defines functionality that occurs when the specified condition is met. Thus, the prior art does not need to demonstrate that the condition actually occurs, but it must teach a system capable of performing the recited step upon satisfaction of the condition.]:
associating a second media offset time stamp relative to the video stream with the second media content [para.0160: Discloses associated to specific points in time within the particular content; and para.0161: Discloses hashtags are used to add a timestamp. Thus, associating play-back-relative timestamps with user-generated media content.];
presenting the second media content to the second user device [para.0170: Discloses a graphical representation of the social messages (plural -second media content) … can then be displayed on the second screen device (element 520-second user device).].
Walker does not explicitly disclose retrieving from storage first media content associated with the video stream along with a first media offset time stamp relative to the video stream; determining if the second media content is generated by a näive viewer; and storing the second media content with the associated second media offset time stamp (emphasis added to distinguish the elements not taught by Walker). However, in analogous art, McCall discloses the following:
retrieving from storage [para.0053: Discloses the process stores the received post (social media communication) in data store.]
determining if the second media content is generated by a näive viewer [Note: The “if” limitation is conditional in nature and does not impose a requirement that the condition be triggered in every instance. Rather, it defines functionality that occurs when the specified condition is met. Thus, the prior art does not need to demonstrate that the condition actually occurs, but it must teach a system capable of performing the recited step upon satisfaction of the condition; and para.0036: Discloses spoiler alert processing that refers to social media identifying/inhibiting communications that display posts that reveal aspects of an event that the user intends to watch at a later time; and para.0032: Discloses when potential spoiler content is identified by a process running at collaborative environment, the process inhibits display of the potential spoiler content to users of the environment, such as user. thus, teaches evaluating whether content is from a viewer who has not yet viewed the event (näive viewer determination logic).];
storing the second media content with the associated second media offset time stamp [para.0053: Discloses the process stores the received post (social media communication) in data store. In addition, the process stores the time at which the social media communications was received establishing a time delay.].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Walker in view of McCall to include these features. One would be motivated at the time of the invention to have this capability since it presents retrieved social media communications and interactions based upon the time delay associated with each of the communications from the start time of the subsequent event playback [McCall: para.0003].
Regarding Claim 2, the combined teachings of Walker and McCall discloses the method of claim 1, and McCall further discloses wherein the step of determining if the second media content is generated by a näive viewer of the video stream is responsive to a determination that a time zone of the third user device is different than a time zone of the first user device [para.0003: Discloses a time delay associated with each of the social media communications is recorded with the time delay being from the start time of the initial presentation of the event; and FIG.5, para.0040: Discloses depiction of a flowchart showing the logic used in spoiler alert setup by the content provider. This process, performed by a content provider or perhaps by a user that manages forums or other areas (time-zones) within the collaborative environment where content is discussed; and para.0053: Discloses the process stores the time at which the social media communications was received establishing a time delay. Thus, records time delays relative to event start time and stores timing information for posts. Under BRI, differences in timing (including time zone-based timing differences) may be used to determine whether content would spoil an event for a user viewing later in another time zone.]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 3, the combined teachings of Walker and McCall discloses the method of claim 1, and McCall further discloses wherein the step of determining if the second media content is generated by a näive viewer of the video stream is responsive to a determination that the third user device was a source of any of the stored first media content with a time stamp later than the relative time of the second media content [para.0031: Discloses user text entries, such as comments, posts, tweets, etc. are submitted by users; and para.0053: Discloses in addition, the process stores the time at which the social media communications was received establishing a time delay. Thus, teaches that user devices submit posts and that each post is stored with a record time delay relative to event start. Under BRI, the system can compare stored timestamps from a given user device to determine sequencing relative to other media content.]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 4, the combined teachings of Walker and McCall discloses the method of claim 1, and further discloses wherein the first and second media content are conveyed to the second user device by a means different than the means by which the video stream is conveyed to the first user device [Walker – para.0064: Discloses the first screen device (element 510) is connected to the playback device (element 530). Examples of such communication include, but are not limited to HDMI, VGA; and McCall – para,0031: Discloses user text entries, such as comments, posts, tweets, etc. are submitted by users. Thus, Walker teaches the video stream delivered via playback device connections (e.g., HDMI/VGA), while McCall teaches social media communications submitted over a network. Under BRI, the video stream and media content are conveyed by different mechanisms.]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 5, the combined teachings of Walker and McCall discloses the method of claim 1, and Walker further discloses wherein the first and second user devices are the same device [para.0064: Discloses examples of such first screen display devices include … a television, monitor, projector, or the like; and para.0170: Discloses a graphical representation of the social messages … can then be displayed on the second screen device (element 520). Thus, multiple screen configurations. Under BRI, the first and user devices may be implemented on the same physical device capable of displaying both primary content and associated social messages.].
Regarding Claim 6, the combined teachings of Walker and McCall discloses the method of claim 1, and McCall further discloses wherein the second and third user devices are the same device [para.0031: Discloses user text entries, such as comments, posts, tweets, etc. are submitted by users; and para.0044: Discloses the spoiler engine … receives user text entry … from … users. Thus, teaches that user devices both submit and receive communications. Under BRI, the same device may function as both the second user device (displaying content) and the third user device (submitting content).]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 7, the combined teachings of Walker and McCall discloses the method of claim 1, and further discloses wherein the first, second and third user devices are the same device [Walker - para.0064: Discloses the first screen device (element 510); and McCall - para.0031: Discloses user text entries … are submitted by users. Walker and McCall together teach devices capable of displaying video content and submitting/receiving social media communications. Under BRI, a single device may perform all recited functions, satisfying this limitation.]. This claim is rejected on the same grounds as claim 1.
Regarding Claim 8, Walker discloses a system for presentation of video content [FIG.1] comprising:
a stream server module configured to serve a video stream to a first user device [para.0062: Discloses streaming video (a video stream); and FIG.5, para(s).0063-0064: Discloses the system (element 500) includes a first screen device (element 510 - a first user device), a second screen device (element 520), a playback device (element 530), a network (element 540) and server (element 550). The first screen device (element 510) is a display device for displaying content such as television programs, movies, and websites. Thus, discloses a server and playback device serving video content to a first screen device. Under BRI, this corresponds to a stream server module serving a video stream to a first user device.];
media content associated with the video stream and a time stamp of media content creation relative to a time of the associated video stream [para.0160: Discloses a mechanism for associating message to a specific point in time relative to the start of a media content (such as video); and para.0161: Discloses hashtags are used to add a timestamp, and encoded time offset is sent as part of the message itself. Thus, associating a message with a specific point in time relative to the start of the media content and encoding the time offset in the message. This constitutes a media offset time stamp relative to the video stream.];
a media offset time of the video stream and present the media content to a second user device [para.0160: Discloses social messages employing these techniques can be associated to specific points in time within the particular content; and para.0170: Discloses a graphical representation of the social messages associated with specific time periods of the primary content on the first screen device (element 510) can then be displayed on the second screen device (element 520) while the primary content is being displayed on the first screen device (element 510). Thus, teaching displaying social messages associated with specific time periods while primary content is being displayed. Presenting media content associated with a specific time during playback satisfies this limitation.];
a content receiver module configured to receive media content from a third user device [FIG.24, para.0170: Discloses once begun (block 2410) the method includes receiving a social message pertaining to the particular content in question, in this case, the content being displayed on the first screen device 510 (block 2440). Thus, a social message is media content. The message originates from a social network user device separate from the first (element 510) and second (element 520) screen devices. Under broadest reasonable interpretation (BRI), such a device constitutes a “third user device.” Because the message pertains to the content being displayed, it is associated with the video stream.]; and
wherein the system is operative to:
serve a video stream from the stream server module to the first user device [para.0062: Discloses streaming video (a video stream); and FIG.5, para(s).0063-0064: Discloses the system (element 500) includes a first screen device (element 510 - a first user device), a second screen device (element 520), a playback device (element 530), a network (element 540) and server (element 550). The first screen device (element 510) is a display device for displaying content such as television programs, movies, and websites.];
during the presentation of the video stream, receive at the content receiver module second media content associated with the video stream from the third user device [FIG.24, para.0170: Discloses once begun (block 2410) the method includes receiving a social message pertaining to the particular content in question, in this case, the content being displayed on the first screen device 510 (block 2440). Thus, a social message is media content. The message originates from a social network user device separate from the first (element 510) and second (element 520) screen devices. Under broadest reasonable interpretation (BRI), such a device constitutes a “third user device.” Because the message pertains to the content being displayed, it is associated with the video stream.];
Walker does not explicitly disclose (emphasis added to distinguish the elements not taught by Walker):
a media content storage and retrieval module configured to store and retrieve media content associated with the video stream and a time stamp of media content creation relative to a time of the associated video stream;
a content presentation module configured to retrieve the media content from the media content storage and retrieval module responsive to a media offset time of the video stream and present the media content to a second user device;
a content analysis module configured to determine if received media content was created by a näive viewer;
synchronous with the presentation of the video stream, retrieve associated first media content from the media content storage and retrieval module based on the media offset time of the video stream and present the retrieved first media content to the second user device using the content presentation module;
upon receipt of the second media content, determine using the content analysis module whether the second media content received from the third user device was created by a naïve viewer of the video stream; and
upon determining that the received second media content was created by a näive viewer of the video stream, store the received second media content with an associated media offset time stamp using the media content storage and retrieval module and present the received second media content to the second user device using the content presentation module.
. However, in analogous art, McCall discloses the following:
a media content storage and retrieval module [FIG.2: Discloses Stored Posts Database 340, Saved Content 360, also discloses Delayed Content Delivery 370 that retrieves content.] configured to store and retrieve media content associated with the video stream and a time stamp of media content creation relative to a time of the associated video stream [para.0053: Discloses the process stores the received post (social media communication) in data store. In addition, the process stores the time at which the social media communications was received establishing a time delay; and para.0003: Discloses a time delay associated with each of the social media communications is recorded with the time delay being from the start time of the initial presentation of the event. Thus, disclosing storing media communications and storing the time delay relative to the start of the event.] Under BRI, this corresponds to storing media content with a timestamp relative to the video stream and retrieving it for later playback.];
a content presentation module configured to retrieve the media content from the media content storage and retrieval module responsive to a media offset time of the video stream and present the media content to a second user device [para.0003: Discloses during subsequent playback of the event, the approach retrieves the stored social media communications and presents the retrieved social media communications based upon the time delay associated with each of the communications; and para.0170: Discloses a graphical representation of the social messages … can then be displayed on the second screen device (element 520).];
a content analysis module configured to determine if received media content was created by a näive viewer [para.0036: Discloses here, "spoilers" refers to social media communications that are directed to an event that the user has indicated he or she wants to watch at a later time; and para.0032: Discloses when potential spoiler content is identified … the process inhibits display of the potential spoiler ... This teaches identifying and inhibiting display of spoiler content for a user who has not yet viewed the event. Under BRI, this corresponds to determining whether the content relates to a viewer who has not yet watched the event (näive viewer context).];
synchronous with the presentation of the video stream, retrieve associated first media content from the media content storage and retrieval module based on the media offset time of the video stream and present the retrieved first media content to the second user device using the content presentation module [para.0003: Discloses during subsequent playback of the event, the approach retrieves the stored social media communications and presents the retrieved social media communications based upon the time delay associated with each of the communications. Walker discloses social messages employing these techniques can be associated to specific points in time within the particular content (para.0160). Thus, McCall expressly teaches retrieving and presenting stored communications during playback based upon recorded time delay. Walker teaches associating messages to specific points in time within the video. Under BRI, this corresponds to synchronous retrieval based on media offset time and presentation to the second user device.];
upon receipt of the second media content, determine using the content analysis module whether the second media content received from the third user device was created by a naïve viewer of the video stream [para.0032: Discloses when potential spoiler content is identified … the process inhibits display of the potential spoiler ... ; and para.0036: Discloses here, "spoilers" refers to social media communications that are directed to an event that the user has indicated he or she wants to watch at a later time. Thus, teaches analyzing received content to determine whether it constitutes spoiler content relative to a user who has not yet viewed the event. Under BRI, this corresponds to determining whether the content relates to a naïve viewer of the video stream.]; and
upon determining that the received second media content was created by a näive viewer of the video stream, store the received second media content with an associated media offset time stamp using the media content storage and retrieval module and present the received second media content to the second user device using the content presentation module [para.0053: Discloses the process stores the received post (social media communication) in data store. In addition, the process stores the time at which the social media communications was received establishing a time delay. This expressly teaches storing the received communication and storing the associated time delay related to the event start time. Under BRI, this corresponds to storing the second media content with an associated media offset timestamp.].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify Walker in view of McCall to include these features. One would be motivated at the time of the invention to have this capability since it presents retrieved social media communications and interactions based upon the time delay associated with each of the communications from the start time of the subsequent event playback [McCall: para.0003].
Regarding Claim 9, the combined teachings of Walker and McCall discloses the system of claim 8, and Walker further discloses wherein the content server module is a DVD or Blu-ray disc player [para(s).0062, 0066: Discloses can be implemented to include DVD and Blu-Ray.].
Regarding Claim 10, the combined teachings of Walker and McCall discloses the system of claim 8, and Walker further discloses wherein the content presentation module is configured to receive relative timing information from the stream server module [para.0160: Discloses associating message to a specific point in time relative to the start of a media content.].
Regarding Claim 11, the combined teachings of Walker and McCall discloses the system of claim 8, and Walker further discloses wherein the content presentation module is configured to receive relative timing information from the first user device [para.0159: Discloses time-stamped or otherwise synched with the playback of content on the first screen device (element 510).].
Regarding Claim 12, the combined teachings of Walker and McCall discloses the system of claim 8, and McCall further discloses wherein the content analysis module is configured to determine if the second media content is created by a näive viewer of the video stream based on whether a time zone of the third user device is different than a time zone of the first user device [FIG.5, para.0040: Discloses depiction of a flowchart showing the logic used in spoiler alert setup by the content provider. This process, performed by a content provider or perhaps by a user that manages forums or other areas (time-zones) within the collaborative environment where content is discussed; and para.0053: Discloses the process stores the time at which the social media communications was received establishing a time delay. Thus, records time delays relative to event start time and stores timing information for posts. Under BRI, differences in timing (including time zone-based timing differences) may be used to determine whether content would spoil an event for a user viewing later in another time zone.]. This claim is rejected on the same grounds as claim 8.
Regarding Claim 13, the combined teachings of Walker and McCall discloses the system of claim 8, and Walker further discloses wherein the content analysis module is configured to determine if the second media content is created by a näive viewer of the video stream based on whether any of the stored first media content was created by an author of the second media content at a relative time later than the relative time of the second media content [para.0161: Discloses timestamped messages associated with specific playback offsets.].
Regarding Claim 14, the combined teachings of Walker and McCall discloses the system of claim 8, and Walker further discloses wherein the content analysis module is configured to determine if the second media content is created by a näive viewer of the video stream based on whether any of the stored first media content was received from the third user device at a relative time later than the relative time of the second media content [para.0161: Discloses timestamped messages associated with specific playback offsets.].
Regarding Claim 15, the combined teachings of Walker and McCall discloses the system of claim 8, and Walker further discloses wherein the first and second media content are conveyed to the second user device by a means different than the means by which the video stream is conveyed to the first user device [para.0064: The first screen device (element 510) may be connected to the network, in either a wired or wireless (WiFi) manner, providing additional connection to the second screen device (element 520). Communication includes, but are not limited to HDMI, VGA, Display port, USB, component, composite, radio frequency (RF), and infrared (IR), and the like; and para.0065: Discloses the second screen device (element 520) may communicate non-networked communication that include, but are not limited to, RF, IR, Blue-Tooth (BT), audio communication techniques and protocols, or the like. Thus, the two devices may convey content differently.].
Regarding Claim 16, the combined teachings of Walker and McCall discloses the system of claim 8, and Walker further discloses wherein the first and second user devices are the same device [FIG.5, para(s).0063-0064, 0170: Discloses a first screen device (element 520) for displaying video content and a second screen device (element 520) for presenting synchronized social media content. Although Walker illustrates these are separate devices in one embodiment, Walker does not require that they be physically distinct. The recitation of “first” and “second” user devices distinguishes functional roles and does not require structural separation]. At the time of the invention, multifunctional computing devices such as smartphones, tablets, and personal computers were well known in the art to be capable of both streaming video content and displaying synchronized social media content (Skyrm et al., US 2014/0101568 – FIG.1, para.0003, para.0028, para.0077). It would have been obvious to one of ordinary skill in the art to implement the first and second user device functionality on a single multifunctional device, such as consolidation represents a predictable variation that simplifies system architecture and improves user convenience. Accordingly, the combined teachings render obvious the limitation that the first and second user devices are the same device.
Regarding Claim 17, the combined teachings of Walker and McCall discloses the system of claim 8, and further discloses wherein the second and third user devices are the same device [Walker - para(s).0160-0161, 0170: Discloses user devices that generate social media communications associated with media playback, and further discloses presentation of synchronized social media content on a user display device; McCall -para(s).0036, 0053: Discloses also having user devices capable of generating, storing, and displaying social media communications.]. It was well known in the art that conventional mobile computing devices were capable of both submitting social media content (Skyrm et al., US 2014/0101568 – FIG.1, para.0003, para.0028, para.0077). Thus, it would have been obvious to one of ordinary skill in the art to implement the second and third user device functionality on a single device capable of transmitting and receiving social media communications. This represents nothing more than the predictable use of known multifunction devices performing their established functions. Accordingly, the limitation is rendered obvious.
Regarding Claim 18, the combined teachings of Walker and McCall discloses the system of claim 8, and further discloses wherein the first, second and third user devices are the same device [Walker - para(s). 0063-0064, 0170: Discloses a first screen device for video playback and a second screen device for synchronized social media presentation, and further discloses user devices that generate and transmit social media communications associated with the video stream; and McCall -para(s).0036, 0053: Discloses storing and processing social media playback.]. Although Walker illustrates these are separate devices in one embodiment, Walker does not require physical separation of the recited devices, not does it discourage consolidation of functionality. At the time of the invention, it was well known in the art that smartphones, tablets, and personal computing devices were capable of: streaming video content, displaying synchronized media content, generating user communications, and transmitting and receiving networked content (Skyrm et al., US 2014/0101568 – FIG.1, para.0003, para.0028, para.0077). It would have been obvious to one of ordinary skill in the art to consolidate the functionality attributed to the first, second, and third user devices into a single multifunctional computing device, as such consolidation constitutes a predictable design variation yielding reduced hardware complexity and improved user convenience. Accordingly, the combined teachings render obvious the limitation that the first, second, and third user devices are the same device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gary Spirer, (US 2014/0026048) – Discloses a server may distribute one or more interactive content elements synchronized with a multimedia element such as video, graphics, sound, and text, which may be accessible to the client devices over the network. In certain embodiments, the program on the client device allows a user to interact with the multimedia element and/or the one or more interactive content elements. Provides synchronizing interactive content with multimedia. [0059-0060].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADIL OCAK whose telephone number is (571) 272-2774. The examiner can normally be reached on M-F 8:00 AM - 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached on 571-272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADIL OCAK/Primary Examiner, Art Unit 2426