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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being obvious over claims 1-18 of U.S. Patent No. 12,200,311 in view of Klappert (US 2012/0033943).
Patent No. 12,200,311 discloses most of the claim except receiving an indication that a broadcast receiver device associated with a player profile is to record a broadcast of a live event.
Klappert discloses receiving an indication that a broadcast receiver device associated with a player profile is to record a broadcast of a live event. (recording instruction is received by processing circuitry and stored in storage; see at least paragraph 0064, wherein storage may be used to store guidance application data, including program information, guidance application setting, user preferences or profile information; see at least paragraph 0042).
Therefore, it would have been obvious to one of ordinary skills in the art at the time the invention was made to modify Patent No. 12,200,311 by the teachings of Klappert by having the above limitation so to be able to update information in real time for use in a media guidance application; see at least the Abstract.
Although the claims at issue are not identical, they are not patentably distinct from each other because at least one examined application claim is not patentable distinct from the reference claims(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s).
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.
Claims 1-6, 9, 11-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Klappert (US 2012/0033943) in view of Webster (US 20170064378).
Regarding claim 1, Klappert discloses a system, comprising:
one or more processors coupled to non-transitory memory, the one or more processors profile
configured to:
receive an indication that a broadcast receiver device associated with a player profile is to record a broadcast of a live event (recording instruction is received by processing circuitry and stored in storage; see at least paragraph 0064, wherein storage may be used to store guidance application data, including program information, guidance application setting, user preferences or profile information; see at least paragraph 0042);
determine that a start time of the live event satisfies a deviation condition corresponding to a broadcast schedule (detection of significant differences between stored media information and media update information; see at least Fig. 11 and paragraphs 0084-0085);
generate, based on the player profile, instructions for the broadcast receiver device that are configured to cause the broadcast receiver device to initiate recording of the broadcast of the live event at the start time (the recording instructions is updated and recording is performed; see at least Fig. 8 and paragraphs 0075-0077 and 0084-0085); and
transmit the instructions to the broadcast receiver device, causing the broadcast receiver device to initiate recording of the broadcast of the live event at the start time (instructions is updated and recording is performed; see at least Fig. 8 and paragraphs 0075-0077 and 0084-0085).
Klappert discloses the player profile, the broadcast receiver device and the recording schedules for live events, as above, but is not clear about a configuration setting that authorizes a receiver device to implement updated recording schedules.
Webster discloses the above missing limitation; a DVR scheduler may receive metadata update from a server indicating that a broadcast time for broadcast content included in a customer’s DVR recording list has been changed and an updated DVR recording list may be generated for the customer; see at least the Abstract and paragraphs 0077-0078.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Klappert to include the teachings of Webster so to detect a change in a DVR recording list associated with a customer and generate and updated DVR recording list based on the changed; see at least the Abstract.
Regarding claim 2, Klappert in view of Webster disclose the system of claim 1, wherein the one or more processors are further configured to determine that the start time of the live event has deviated based on a message from an external computing system (Klappert; from a media guidance data source; see at least paragraph 0084).
Regarding claim 3, Klappert in view of Webster disclose the system of claim 1, wherein the one or more processors are further configured to receive the indication from a broadcast provider system in communication with the broadcast receiver device (Webster; a DVR scheduler may receive metadata update from a server).
Regarding claim 4, Klappert in view of Webster disclose the system of claim 1, wherein the one or more processors are further configured to receive the indication from an application executing on the broadcast receiver device (Klappert; recording instruction is received by processing circuitry from the user’s device; see at least paragraph 0064).
Regarding claim 5, Klappert in view of Webster disclose the system of claim 1, wherein the configuration setting is a first configuration setting, and wherein the one or more processors are further configured to:
determine that the player profile is associated with a second configuration setting that
authorizes the broadcast receiver device to present notifications for display with broadcast content (Webster; presenting an update notification; see at least Fig. 7 and paragraphs 0078-0079);
and
generate the instructions based on the player profile being associated with the first
configuration setting and the second configuration setting (the player profile of Klappert in combination with Webster’s configuration settings; as above).
Regarding claim 6, Klappert in view of Webster disclose the system of claim 1, wherein the one or more processors are further configured to:
identify a plurality of data sources for live event information, each of the plurality of data
sources associated with a respective priority score (media sources are assigned a reliability score; see at least paragraphs 0005, 0072 and claim 5); and
determine that the start time of the live event has deviated from the broadcast schedule
based on a plurality of messages from a subset of the plurality of data sources and the respective
priority score of each data source of the subset (if a source is determined to be reliable, using its media update information and if not reliable, not using its media updated information; see at least paragraphs 0005, 0072 and claim 5).
Regarding claim 9, Klappert in view of Webster disclose the system of claim 1, wherein the one or more processors are further configured to maintain a plurality of player profiles corresponding to players consuming a service of the one or more processors, each of the plurality of player profiles associated with a respective broadcast receiver device of a plurality of broadcast receiver devices (Klappert; see at least paragraphs 0037 and 0042).
Claim 11 is rejected on the same grounds as claim 1.
Claim 12 is rejected on the same grounds as claim 2.
Claim 13 is rejected on the same grounds as claim 3.
Claim 14 is rejected on the same grounds as claim 4.
Claim 15 is rejected on the same grounds as claim 5.
Claim 16 is rejected on the same grounds as claim 6.
Claim 19 is rejected on the same grounds as claim 9.
Claims 7-8 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Klappert in view of Webster and further in view of Milgramm (US 2013/0247120).
Regarding claim 7, Klappert in view of Webster disclose the system of claim 1, and generate the instructions, but are not clear about to cause the broadcast receiver device to include a notification indicating that the live event has started at the start time.
Milgramm discloses the above missing limitation; a notification is displayed to the user that has notify the user that the live event has started; see at least Fig. 6 and paragraph 0071.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Klappert in view of Webster to include the teachings of Milgramm so to detect live video data satisfying user specified criteria and consolidate live broadcasting management, analysis of detected video data, and notification of potential viewers; see at least the Abstract.
Regarding claim 8, Klappert in view of Webster and further in view of Milgramm disclose the system of claim 7, wherein the notification further comprises an actionable object that causes the broadcast receiver device displaying the notification to display the broadcast of the live event (Milgramm; see at least Fig. 6 and paragraph 0071).
Claim 17 is rejected on the same grounds as claim 7.
Claim 18 is rejected on the same grounds as claim 8.
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Klappert in view of Webster and further in view of Pleiman (US 2020/0213678).
Regarding claim 10, Klappert in view of Webster disclose the system of claim 1, and disclose the live event, but are not clear about determine a duration of the event; and generate the instructions to further include an indication of the duration of the event.
Pleiman discloses the above missing limitation; table 200 containing TV event schedule including a duration; see at least paragraph 0022.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Klappert in view of Webster to include the teachings of Pleiman so to automatically select TV channels based on wager information; see at least the Abstract.
Claim 20 is rejected on the same grounds as claim 10.
Conclusion
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/YASSIN ALATA/Primary Examiner, Art Unit 2426