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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 6-9, 11-14, 16-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 8-9, 11, 13, 18-19 of U.S. Patent No. 12,231,746 (herein, “’746”) in view of US 11,050,809 by Vishnia et al.
Regarding claim 1 of instant application
Claim 1 of instant application
Claim 1 of ‘746
A method comprising:
transmitting for display, at a first computing device, an interactive content item comprising a plurality of alternative segments followed by a common segment for an audience of a plurality of users;
A method comprising:
receiving, at a computing device, an interactive media program comprising a plurality of alternative segments followed by a common segment;
identifying, based on metadata associated with each segment of the plurality of alternative segments, that a first subset of the plurality of alternative segments are of a first type and that a second subset of the plurality of alternative segments are of a second type, wherein the first subset comprises at least a first alternative segment and a second alternative segment of the plurality of alternative segments and the second subset comprises at least a third alternative segment and a fourth alternative segment of the plurality of alternative segments;
identifying, based on a user preference generated from historic alternative segment selections associated with different interactive media programs, a preference for the first type;
generating, for output, a plurality of user interface elements associated with the first subset of the plurality of alternative segments, wherein user interface elements associated with the second subset of the plurality of alternative segments are not generated for output; receiving a selection of a user interface element of the plurality of user interface elements; and generating, for output, the alternative segment associated with the selected user interface element.
causing on a second computing device, associated with a first user of the plurality of users, a display of a first user interface for selecting one of the plurality of alternative segments;
receiving from the second computing device a first indication of a first input selecting a first alternative segment;
causing on a third computing device, associated with a second user of the plurality of users, a display of a second user interface for selecting one of the plurality of alternative segments;
receiving from the third computing device a second indication of a second input selecting a second alternative segment; and based at least in part on the first input and the second input:
causing the second computing device to play the first alternative segment; and
causing the third computing device to play the second alternative segment.
It should be noted that the table above distinguishes the equivalent limitations as recited claim 1 of instant application in comparison to the limitation as recited in claim 1 of ‘746. Furthermore, it is also noted that the method of reproducing in claim 1 of ‘746 application can be performed by the reproducing apparatus of claim 1 of the instant application, and therefore are obvious variants of one another.
However, claim 1 of ‘746 fails to disclose
causing on a second computing device, associated with a first user of the plurality of users, a display of a first user interface for selecting one of the plurality of alternative segments;
receiving from the second computing device a first indication of a first input selecting a first alternative segment;
causing on a third computing device, associated with a second user of the plurality of users, a display of a second user interface for selecting one of the plurality of alternative segments;
receiving from the third computing device a second indication of a second input selecting a second alternative segment; and based at least in part on the first input and the second input:
causing the second computing device to play the first alternative segment; and
causing the third computing device to play the second alternative segment.
In an analogous art, Vishnia et al. discloses
causing on a second computing device, associated with a first user of the plurality of users, a display of a first user interface for selecting one of the plurality of alternative segments (fig. 4, col. 11 lines “At time T7, segment A ends and a choice is available between segments B1 and B2. As shown in the depiction of the video tree structure 400, the weight for B1=3, and the weight for B2=5. At that time T1, the timeline 410 indicates that a random number is chosen between 1 and 8, inclusive, to determine which path to take. Here, the random number is 6, which falls in the weight range associated with B2 (i.e., 4 to 8), and so segment B2 is played, following by segment C, for which there are no alternative options.”, herein, B1, B2, D1, D2 are plurality of alternative segments followed by common segment A and C);
receiving from the second computing device a first indication of a first input selecting a first alternative segment (in addition to discussion above, col. 7 lines 6-29 teaches “In one example, the multimedia content is a music video in which the user selects options upon reaching segment decision points to determine subsequent content to be played. First, a video introduction segment is played for the user. Prior to the end of the segment, a decision point is reached at which the user can select the next segment to be played from a listing of choices. In this case, the user is presented with a choice as to who will sing the first verse of the song: a tall, female performer, or a short, male performer. The user is given an amount of time to make a selection (i.e., a decision period), after which, if no selection is made, a default segment will be automatically selected. The default can be a predefined or random selection. Of note, the media content continues to play during the time the user is presented with the choices. Once a choice is selected (or the decision period ends), a seamless transition occurs to the next segment, meaning that the audio and video continue on to the next segment as if there were no break between the two segments and the user cannot visually or audibly detect the transition. As the music video continues, the user is presented with other choices at other decisions points, depending on which path of choices is followed. Ultimately, the user arrives at a final segment, having traversed a complete multimedia content path.”);
causing on a third computing device, associated with a second user of the plurality of users, a display of a second user interface for selecting one of the plurality of alternative segments (in addition to discussion above, col. 6 lines 5-13 teaches “The information can also be displayed to the user in the video, e.g., to show the user why an automatic selection is made. As one example, video segments can be automatically selected for presentation based on the geographical location of three different users: a user in Canada will see a twenty-second beer commercial segment followed by an interview segment with a Canadian citizen; a user in the US will see the same beer commercial segment followed by an interview segment with a US citizen; and a user in France is shown only the beer commercial segment.”);
receiving from the third computing device a second indication of a second input selecting a second alternative segment (in addition to discussion above, col. 5 lines 36-53 teaches “In some instances, the user is permitted to make choices or otherwise interact in real-time at decision points or during decision periods interspersed throughout the multimedia content. Decision points and/or decision periods can occur at any time and in any number during a multimedia segment, including at or near the beginning and/or the end of the segment. Decision points and/or periods can be predefined, occurring at fixed points or during fixed periods in the multimedia content segments. Based at least in part on the user's choices made before or during playback of content, one or more subsequent multimedia segment(s) associated with the choices can be presented to the user.”); and
based at least in part on the first input and the second input:
causing the second computing device to play the first alternative segment (in addition to discussion above, col. 6 lines 58-67 teaches “A segment that is played after (immediately after or otherwise) a currently playing segment can be determined based on an option selected or other interaction with the video. Each available option can result in a different video and audio segment being played. As previously mentioned, the transition to the next segment can occur immediately upon selection, at the end of the current segment, or at some other predefined or random point. Notably, the transition between content segments can be seamless.”); and
causing the third computing device to play the second alternative segment (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the ability to include second computing device and third computing device, as taught by Vishnia et al. into claim 1 of ‘746, because such incorporation would allow for the benefit of having plurality of computing device, thus increase user accessibility of the system.
Claim 2 of the instant application corresponds to claim 9 of ‘746 Patent.
Claim 3 of the instant application corresponds to claim 3 of ‘746 Patent.
Regarding claim 4 of instant application, claim 1 of ‘746 discloses the claimed as discussed above, but fails to disclose the method further comprising: causing the second computing device to identify the first user of the plurality of users via a first user profile logged into at the second computing device (in addition to discussion above, col. 10 lines 5-14 teaches “In some implementations, application 112 tracks data regarding user interactions, users, and/or player devices, and provides the data to an analytics server. Collected analytics can include, but are not limited to: the number, type, and/or location of a device; user data, such as login information, name, address, age, sex, and the like; user interactions, such as button/touchpad presses, mouse clicks, mouse/touchpad movements, interaction timings, and the like; decisions made by users or automatically (e.g., content segment user choices or default selections)”); and causing the third computing device to identify the second user of the plurality of users via a second user profile logged into at the third computing device (in addition to discussion above, col. 14 lines 34-41 teaches “Other factors can result in real-time weighting changes to the video game segments (or segments, paths, etc., in other media presentations incorporating the techniques described herein), and such factors can include, but not be limited to, user interactions with the video game, selected options (nodes or paths), the addition or removal of media segments, information associated with the user (e.g., demographics), and information associated with previous plays by the same user and/or different users (e.g., previous choices made, most popular choices, etc.).”, col. 8 lines 14-21 teaches “Additionally, the project configuration file 230 can indicate interface elements that should be displayed or otherwise presented to users, as well as when the elements should be displayed, such that the audio, video, and interactive elements of the media presentation are synchronized. The project configuration file 230 can be stored on user device 110 or can be remotely accessed by Choice Manager 216.”, col. 6 lines 20-24 teaches “Two or more combined segments can form a seamless multimedia content path or branch, and users can take multiple paths over multiple play-throughs, and experience different complete, start-to-finish, seamless presentations.”).
The motivation for combining references has been discussed in independent claim above.
Regarding claim 6 of instant application, claim 1 of ‘746 discloses the claimed as discussed above, but fails to disclose the method wherein: causing the display of the first user interface further comprises generating a first icon corresponding to a first bookmark (in addition to discussion above, col. 9-10 teaches “Video Appender 270 receives media content from Loading Manager 262 and instructions from Choice Manager 216 on which media segments to include in a media presentation. Video Appender 270 can analyze and/or modify raw video or other media content, for example, to concatenate two separate media streams into a single timeline. Video Appender 270 can also insert cue points and other event markers, such as junction events, into media streams.”); and causing the display of the second user interface further comprises generating a second icon corresponding to a second bookmark (in addition to discussion above, col. 6 lines 37-49 teaches “Some or all of the displayed options can hover and then disappear when the decision period ends or when an option has been selected. Further, a timer, countdown or other visual, aural, or other sensory indicator can be presented during playback of content segment to inform the user of the point by which he should (or, in some cases, must) make his selection.”).
Claim 7 of the instant application corresponds to claim 8 of ‘746 Patent.
Claim 8 of the instant application corresponds to claim 9 of ‘746 Patent.
Claim 9 of the instant application corresponds to claim 1 of ‘746 Patent.
Regarding claim 11 of instant application
Claim 11 of instant application
Claim 11 of ‘746
A system comprising:
input/output circuitry configured to:
transmit for display, at a first computing device, an interactive content item comprising a plurality of alternative segments followed by a common segment for an audience of a plurality of users;
A system comprising:
input circuitry configured to:
receive, at a computing device, an interactive media program comprising a plurality of alternative segments followed by a common segment;
processing circuitry configured to: identify, based on metadata associated with each segment of the plurality of alternative segments, that a first subset of the plurality of alternative segments are of a first type and that a second subset of the plurality of alternative segments are of a second type, wherein the first subset comprises at least a first alternative segment and a second alternative segment of the plurality of alternative segments and the second subset comprises at least a third alternative segment and a fourth alternative segment of the plurality of alternative segments; identify, based on a user preference generated from historic alternative segment selections associated with different interactive media programs, a preference for the first type;
generate, for output, a plurality of user interface elements associated with the first subset of the plurality of alternative segments, wherein user interface elements associated with the second subset of the plurality of alternative segments are not generated for output; and
the input circuitry further configured to: receive a selection of a user interface element of the plurality of user interface elements; and the processing circuitry further configured to: generate, for output, the alternative segment associated with the selected user interface element.
processing circuitry configured to:
cause on a second computing device, associated with a first user of the plurality of users, a display of a first user interface for selecting one of the plurality of alternative segments;
receive from the second computing device a first indication of a first input selecting a first alternative segment;
cause on a third computing device, associated with a second user of the plurality of users, a display of a second user interface for selecting one of the plurality of alternative segments;
receive from the third computing device a second indication of a second input selecting a second alternative segment; and based at least in part on the first input and the second input:
cause the second computing device to play the first alternative segment; and
cause the third computing device to play the second alternative segment.
It should be noted that the table above distinguishes the equivalent limitations as recited claim 11 of instant application in comparison to the limitation as recited in claim 11 of ‘746. Furthermore, it is also noted that the method of reproducing in claim 11 of ‘746 application can be performed by the reproducing apparatus of claim 11 of the instant application, and therefore are obvious variants of one another.
However, claim 11 of ‘746 fails to disclose
processing circuitry configured to:
cause on a second computing device, associated with a first user of the plurality of users, a display of a first user interface for selecting one of the plurality of alternative segments;
receive from the second computing device a first indication of a first input selecting a first alternative segment;
cause on a third computing device, associated with a second user of the plurality of users, a display of a second user interface for selecting one of the plurality of alternative segments;
receive from the third computing device a second indication of a second input selecting a second alternative segment; and based at least in part on the first input and the second input:
cause the second computing device to play the first alternative segment; and
cause the third computing device to play the second alternative segment.
In an analogous art, Vishnia et al. discloses
processing circuitry (fig. 2) configured to:
cause on a second computing device, associated with a first user of the plurality of users, a display of a first user interface for selecting one of the plurality of alternative segments (fig. 4, col. 11 lines “At time T7, segment A ends and a choice is available between segments B1 and B2. As shown in the depiction of the video tree structure 400, the weight for B1=3, and the weight for B2=5. At that time T1, the timeline 410 indicates that a random number is chosen between 1 and 8, inclusive, to determine which path to take. Here, the random number is 6, which falls in the weight range associated with B2 (i.e., 4 to 8), and so segment B2 is played, following by segment C, for which there are no alternative options.”, herein, B1, B2, D1, D2 are plurality of alternative segments followed by common segment A and C);
receive from the second computing device a first indication of a first input selecting a first alternative segment (in addition to discussion above, col. 7 lines 6-29 teaches “In one example, the multimedia content is a music video in which the user selects options upon reaching segment decision points to determine subsequent content to be played. First, a video introduction segment is played for the user. Prior to the end of the segment, a decision point is reached at which the user can select the next segment to be played from a listing of choices. In this case, the user is presented with a choice as to who will sing the first verse of the song: a tall, female performer, or a short, male performer. The user is given an amount of time to make a selection (i.e., a decision period), after which, if no selection is made, a default segment will be automatically selected. The default can be a predefined or random selection. Of note, the media content continues to play during the time the user is presented with the choices. Once a choice is selected (or the decision period ends), a seamless transition occurs to the next segment, meaning that the audio and video continue on to the next segment as if there were no break between the two segments and the user cannot visually or audibly detect the transition. As the music video continues, the user is presented with other choices at other decisions points, depending on which path of choices is followed. Ultimately, the user arrives at a final segment, having traversed a complete multimedia content path.”);
cause on a third computing device, associated with a second user of the plurality of users, a display of a second user interface for selecting one of the plurality of alternative segments (in addition to discussion above, col. 6 lines 5-13 teaches “The information can also be displayed to the user in the video, e.g., to show the user why an automatic selection is made. As one example, video segments can be automatically selected for presentation based on the geographical location of three different users: a user in Canada will see a twenty-second beer commercial segment followed by an interview segment with a Canadian citizen; a user in the US will see the same beer commercial segment followed by an interview segment with a US citizen; and a user in France is shown only the beer commercial segment.”);
receive from the third computing device a second indication of a second input selecting a second alternative segment (in addition to discussion above, col. 5 lines 36-53 teaches “In some instances, the user is permitted to make choices or otherwise interact in real-time at decision points or during decision periods interspersed throughout the multimedia content. Decision points and/or decision periods can occur at any time and in any number during a multimedia segment, including at or near the beginning and/or the end of the segment. Decision points and/or periods can be predefined, occurring at fixed points or during fixed periods in the multimedia content segments. Based at least in part on the user's choices made before or during playback of content, one or more subsequent multimedia segment(s) associated with the choices can be presented to the user.”); and
based at least in part on the first input and the second input:
cause the second computing device to play the first alternative segment (in addition to discussion above, col. 6 lines 58-67 teaches “A segment that is played after (immediately after or otherwise) a currently playing segment can be determined based on an option selected or other interaction with the video. Each available option can result in a different video and audio segment being played. As previously mentioned, the transition to the next segment can occur immediately upon selection, at the end of the current segment, or at some other predefined or random point. Notably, the transition between content segments can be seamless.”); and
cause the third computing device to play the second alternative segment (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the ability to include second computing device and third computing device, as taught by Vishnia et al. into claim 11 of ‘746, because such incorporation would allow for the benefit of having plurality of computing device, thus increase user accessibility of the system.
Claim 12 of the instant application corresponds to claim 19 of ‘746 Patent.
Claim 13 of the instant application corresponds to claim 13 of ‘746 Patent.
Regarding claim 14 of instant application, claim 11 of ‘746 discloses the claimed as discussed above, but fails to disclose the system wherein the processing circuitry is further comprising: cause the second computing device to identify the first user of the plurality of users via a first user profile logged into at the second computing device (in addition to discussion above, col. 10 lines 5-14 teaches “In some implementations, application 112 tracks data regarding user interactions, users, and/or player devices, and provides the data to an analytics server. Collected analytics can include, but are not limited to: the number, type, and/or location of a device; user data, such as login information, name, address, age, sex, and the like; user interactions, such as button/touchpad presses, mouse clicks, mouse/touchpad movements, interaction timings, and the like; decisions made by users or automatically (e.g., content segment user choices or default selections)”); and cause the third computing device to identify the second user of the plurality of users via a second user profile logged into at the third computing device (in addition to discussion above, col. 14 lines 34-41 teaches “Other factors can result in real-time weighting changes to the video game segments (or segments, paths, etc., in other media presentations incorporating the techniques described herein), and such factors can include, but not be limited to, user interactions with the video game, selected options (nodes or paths), the addition or removal of media segments, information associated with the user (e.g., demographics), and information associated with previous plays by the same user and/or different users (e.g., previous choices made, most popular choices, etc.).”, col. 8 lines 14-21 teaches “Additionally, the project configuration file 230 can indicate interface elements that should be displayed or otherwise presented to users, as well as when the elements should be displayed, such that the audio, video, and interactive elements of the media presentation are synchronized. The project configuration file 230 can be stored on user device 110 or can be remotely accessed by Choice Manager 216.”, col. 6 lines 20-24 teaches “Two or more combined segments can form a seamless multimedia content path or branch, and users can take multiple paths over multiple play-throughs, and experience different complete, start-to-finish, seamless presentations.”).
The motivation for combining references has been discussed in independent claim above.
Regarding claim 16 of instant application, claim 11 of ‘746 discloses the claimed as discussed above, but fails to disclose the system wherein: the processing circuitry configured to cause the display of the first user interface further comprises generating a first icon corresponding to a first bookmark (in addition to discussion above, col. 9-10 teaches “Video Appender 270 receives media content from Loading Manager 262 and instructions from Choice Manager 216 on which media segments to include in a media presentation. Video Appender 270 can analyze and/or modify raw video or other media content, for example, to concatenate two separate media streams into a single timeline. Video Appender 270 can also insert cue points and other event markers, such as junction events, into media streams.”); and the processing circuitry configured to cause the display of the second user interface further comprises generating a second icon corresponding to a second bookmark (in addition to discussion above, col. 6 lines 37-49 teaches “Some or all of the displayed options can hover and then disappear when the decision period ends or when an option has been selected. Further, a timer, countdown or other visual, aural, or other sensory indicator can be presented during playback of content segment to inform the user of the point by which he should (or, in some cases, must) make his selection.”).
Claim 17 of the instant application corresponds to claim 18 of ‘746 Patent.
Claim 18 of the instant application corresponds to claim 19 of ‘746 Patent.
Claim 19 of the instant application corresponds to claim 11 of ‘746 Patent.
Claims 5, 10, 15, 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of U.S. Patent No. 12,231,746 (herein, “’746”) and US 11,050,809 by Vishnia et al. in view of US 2016/0189752 by Galant et al.
Regarding claim 5 of instant application, claim 1 of ‘746 discloses the claimed as discussed above, Vishnia et al. discloses the method wherein:
causing the display of the first user interface alternative segment of the plurality of alternative segments (as discussed above); and
causing the display of the second user interface alternative segment of the plurality of alternative segments (as discussed above).
Vishnia et al. fails to disclose
causing the display of the first user interface further comprises highlighting a first recommended alternative segment of the plurality of alternative segments; and
causing the display of the second user interface further comprises highlighting a second recommended alternative segment of the plurality of alternative segments.
Galant et al. discloses
causing the display of the first user interface further comprises highlighting a first recommended alternative segment of the plurality of alternative segments (paragraph 0037 teaches “In one embodiment, the summary movie is created from the all, or a subset (e.g., the best subset), of the rough cut clips and/or alternate viewpoint media data. In one embodiment, multiple summary movies are created from the same rough cut clips and highlights which differ according to the usage context (e.g., destination and/or use for the summary movie) or user preferences.”, paragraph 0045, 0080);
causing the display of the second user interface further comprises highlighting a second recommended alternative segment of the plurality of alternative segments (in addition to discussion above, paragraph 0046 teaches “The output is an automatically generated summary video. In one embodiment, the system enables the user to make some alterations to the video. In one embodiment, the system enables the user to make adjustments, such as, for example, but not limited to longer, shorter, extra, or fewer highlights.”);
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the ability to include highlighting a first and second recommended alternative segment of the plurality of alternative segments, as taught by Galant et al. into the claim 1 of ‘746 and Vishnia et al., because such incorporation would allow a user to preview the alternate segments, thus increase user accessibility of the system.
Regarding claim 10 of instant application, claim 1 of ‘746 discloses the claimed as discussed above, Vishnia et al. discloses alternative segment (as discussed above), but fails to disclose the method further comprising: generating a summary for an alternative segment of the plurality of alternative segments; and generating, for output, the summary.
Galant et al. discloses
generating a summary for an alternative segment of the plurality of alternative segments (paragraph 0037 teaches “In one embodiment, the summary movie is created from the all, or a subset (e.g., the best subset), of the rough cut clips and/or alternate viewpoint media data. In one embodiment, multiple summary movies are created from the same rough cut clips and highlights which differ according to the usage context (e.g., destination and/or use for the summary movie) or user preferences.”, paragraph 0045, 0080);
generating, for output, the summary (in addition to discussion above, paragraph 0046 teaches “The output is an automatically generated summary video. In one embodiment, the system enables the user to make some alterations to the video. In one embodiment, the system enables the user to make adjustments, such as, for example, but not limited to longer, shorter, extra, or fewer highlights.”);
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the ability to generating a summary for an alternative segment of the plurality of alternative segments; and generating, for output, the summary, as taught by Galant et al. into the claim 1 of ‘746 and Vishnia et al., because such incorporation would allow a user to preview the alternate segments, thus increase user accessibility of the system.
Regarding claim 15 of instant application, claim 1 of ‘746 discloses the claimed as discussed above, Vishnia et al. discloses the system wherein:
the processing circuitry configured to cause the display of the first user interface alternative segment of the plurality of alternative segments (as discussed above); and
the processing circuitry configured to cause the display of the second user interface alternative segment of the plurality of alternative segments (as discussed above).
Vishnia et al. fails to disclose
the processing circuitry configured to cause the display of the first user interface further comprises highlighting a first recommended alternative segment of the plurality of alternative segments; and
the processing circuitry configured to cause the display of the second user interface further comprises highlighting a second recommended alternative segment of the plurality of alternative segments.
Galant et al. discloses
the processing circuitry configured to cause the display of the first user interface further comprises highlighting a first recommended alternative segment of the plurality of alternative segments (paragraph 0037 teaches “In one embodiment, the summary movie is created from the all, or a subset (e.g., the best subset), of the rough cut clips and/or alternate viewpoint media data. In one embodiment, multiple summary movies are created from the same rough cut clips and highlights which differ according to the usage context (e.g., destination and/or use for the summary movie) or user preferences.”, paragraph 0045, 0080);
the processing circuitry configured to cause the display of the second user interface further comprises highlighting a second recommended alternative segment of the plurality of alternative segments (in addition to discussion above, paragraph 0046 teaches “The output is an automatically generated summary video. In one embodiment, the system enables the user to make some alterations to the video. In one embodiment, the system enables the user to make adjustments, such as, for example, but not limited to longer, shorter, extra, or fewer highlights.”);
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the ability to include highlighting a first and second recommended alternative segment of the plurality of alternative segments, as taught by Galant et al. into the claim 1 of ‘746 and Vishnia et al., because such incorporation would allow a user to preview the alternate segments, thus increase user accessibility of the system.
Regarding claim 20 of instant application, claim 1 of ‘746 discloses the claimed as discussed above, Vishnia et al. discloses alternative segment (as discussed above), but fails to disclose the system wherein the processing circuitry is further configured to: generate a summary for an alternative segment of the plurality of alternative segments; and generate, for output, the summary.
Galant et al. discloses
generate a summary for an alternative segment of the plurality of alternative segments (paragraph 0037 teaches “In one embodiment, the summary movie is created from the all, or a subset (e.g., the best subset), of the rough cut clips and/or alternate viewpoint media data. In one embodiment, multiple summary movies are created from the same rough cut clips and highlights which differ according to the usage context (e.g., destination and/or use for the summary movie) or user preferences.”, paragraph 0045, 0080);
generate, for output, the summary (in addition to discussion above, paragraph 0046 teaches “The output is an automatically generated summary video. In one embodiment, the system enables the user to make some alterations to the video. In one embodiment, the system enables the user to make adjustments, such as, for example, but not limited to longer, shorter, extra, or fewer highlights.”);
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the ability to generating a summary for an alternative segment of the plurality of alternative segments; and generating, for output, the summary, as taught by Galant et al. into the claim 1 of ‘746 and Vishnia et al., because such incorporation would allow a user to preview the alternate segments, thus increase user accessibility of the system.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, 6-8, 11-12, 14, 16-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 11,050,809 by Vishnia et al.
Regarding claim 1, a method comprising:
transmitting for display, at a first computing device, an interactive content item comprising a plurality of alternative segments followed by a common segment for an audience of a plurality of users (fig. 2, col. 8 lines 4-14 teaches “Project configuration file 230 can include information defining the media presentation, such as the video tree or other structure, and how video segments can be linked together in various manners to form one or more paths. The project configuration file 230 can further specify which audio, video, and/or other media files correspond to each segment (e.g., node in a video tree), that is, which audio, video, and/or other media should be retrieved when application 112 determines that a particular segment should be played.”, col. 8 lines 39-42 teaches “Using information in the project configuration file 230, Choice Manager 216 can inform GUI Manager 254 of which interface elements should be displayed to viewers on screen 272.”);
causing on a second computing device, associated with a first user of the plurality of users, a display of a first user interface for selecting one of the plurality of alternative segments (fig. 4, col. 11 lines “At time T7, segment A ends and a choice is available between segments B1 and B2. As shown in the depiction of the video tree structure 400, the weight for B1=3, and the weight for B2=5. At that time T1, the timeline 410 indicates that a random number is chosen between 1 and 8, inclusive, to determine which path to take. Here, the random number is 6, which falls in the weight range associated with B2 (i.e., 4 to 8), and so segment B2 is played, following by segment C, for which there are no alternative options.”, herein, B1, B2, D1, D2 are plurality of alternative segments followed by common segment A and C);
receiving from the second computing device a first indication of a first input selecting a first alternative segment (in addition to discussion above, col. 7 lines 6-29 teaches “In one example, the multimedia content is a music video in which the user selects options upon reaching segment decision points to determine subsequent content to be played. First, a video introduction segment is played for the user. Prior to the end of the segment, a decision point is reached at which the user can select the next segment to be played from a listing of choices. In this case, the user is presented with a choice as to who will sing the first verse of the song: a tall, female performer, or a short, male performer. The user is given an amount of time to make a selection (i.e., a decision period), after which, if no selection is made, a default segment will be automatically selected. The default can be a predefined or random selection. Of note, the media content continues to play during the time the user is presented with the choices. Once a choice is selected (or the decision period ends), a seamless transition occurs to the next segment, meaning that the audio and video continue on to the next segment as if there were no break between the two segments and the user cannot visually or audibly detect the transition. As the music video continues, the user is presented with other choices at other decisions points, depending on which path of choices is followed. Ultimately, the user arrives at a final segment, having traversed a complete multimedia content path.”);
causing on a third computing device, associated with a second user of the plurality of users, a display of a second user interface for selecting one of the plurality of alternative segments (in addition to discussion above, col. 6 lines 5-13 teaches “The information can also be displayed to the user in the video, e.g., to show the user why an automatic selection is made. As one example, video segments can be automatically selected for presentation based on the geographical location of three different users: a user in Canada will see a twenty-second beer commercial segment followed by an interview segment with a Canadian citizen; a user in the US will see the same beer commercial segment followed by an interview segment with a US citizen; and a user in France is shown only the beer commercial segment.”);
receiving from the third computing device a second indication of a second input selecting a second alternative segment (in addition to discussion above, col. 5 lines 36-53 teaches “In some instances, the user is permitted to make choices or otherwise interact in real-time at decision points or during decision periods interspersed throughout the multimedia content. Decision points and/or decision periods can occur at any time and in any number during a multimedia segment, including at or near the beginning and/or the end of the segment. Decision points and/or periods can be predefined, occurring at fixed points or during fixed periods in the multimedia content segments. Based at least in part on the user's choices made before or during playback of content, one or more subsequent multimedia segment(s) associated with the choices can be presented to the user.”); and
based at least in part on the first input and the second input:
causing the second computing device to play the first alternative segment (in addition to discussion above, col. 6 lines 58-67 teaches “A segment that is played after (immediately after or otherwise) a currently playing segment can be determined based on an option selected or other interaction with the video. Each available option can result in a different video and audio segment being played. As previously mentioned, the transition to the next segment can occur immediately upon selection, at the end of the current segment, or at some other predefined or random point. Notably, the transition between content segments can be seamless.”); and
causing the third computing device to play the second alternative segment (as discussed above).
The method of claim 2, wherein the selection of the first alternative segment and the selection of the second alternative segment are for the same alternative segment, and the method further comprises causing the first computing device to play the selection of the same alternative segment (fig. 4, col. 11 lines “At time T7, segment A ends and a choice is available between segments B1 and B2. As shown in the depiction of the video tree structure 400, the weight for B1=3, and the weight for B2=5. At that time T1, the timeline 410 indicates that a random number is chosen between 1 and 8, inclusive, to determine which path to take. Here, the random number is 6, which falls in the weight range associated with B2 (i.e., 4 to 8), and so segment B2 is played, following by segment C, for which there are no alternative options.”, herein, B1, B2, D1, D2 are plurality of alternative segments followed by common segment A and C).
Regarding claim 4, the method further comprising:
causing the second computing device to identify the first user of the plurality of users via a first user profile logged into at the second computing device (in addition to discussion above, col. 10 lines 5-14 teaches “In some implementations, application 112 tracks data regarding user interactions, users, and/or player devices, and provides the data to an analytics server. Collected analytics can include, but are not limited to: the number, type, and/or location of a device; user data, such as login information, name, address, age, sex, and the like; user interactions, such as button/touchpad presses, mouse clicks, mouse/touchpad movements, interaction timings, and the like; decisions made by users or automatically (e.g., content segment user choices or default selections)”); and
causing the third computing device to identify the second user of the plurality of users via a second user profile logged into at the third computing device (in addition to discussion above, col. 14 lines 34-41 teaches “Other factors can result in real-time weighting changes to the video game segments (or segments, paths, etc., in other media presentations incorporating the techniques described herein), and such factors can include, but not be limited to, user interactions with the video game, selected options (nodes or paths), the addition or removal of media segments, information associated with the user (e.g., demographics), and information associated with previous plays by the same user and/or different users (e.g., previous choices made, most popular choices, etc.).”, col. 8 lines 14-21 teaches “Additionally, the project configuration file 230 can indicate interface elements that should be displayed or otherwise presented to users, as well as when the elements should be displayed, such that the audio, video, and interactive elements of the media presentation are synchronized. The project configuration file 230 can be stored on user device 110 or can be remotely accessed by Choice Manager 216.”, col. 6 lines 20-24 teaches “Two or more combined segments can form a seamless multimedia content path or branch, and users can take multiple paths over multiple play-throughs, and experience different complete, start-to-finish, seamless presentations.”).
Regarding claim 6, the method wherein:
causing the display of the first user interface further comprises generating a first icon corresponding to a first bookmark (in addition to discussion above, col. 9-10 teaches “Video Appender 270 receives media content from Loading Manager 262 and instructions from Choice Manager 216 on which media segments to include in a media presentation. Video Appender 270 can analyze and/or modify raw video or other media content, for example, to concatenate two separate media streams into a single timeline. Video Appender 270 can also insert cue points and other event markers, such as junction events, into media streams.”); and
causing the display of the second user interface further comprises generating a second icon corresponding to a second bookmark (in addition to discussion above, col. 6 lines 37-49 teaches “Some or all of the displayed options can hover and then disappear when the decision period ends or when an option has been selected. Further, a timer, countdown or other visual, aural, or other sensory indicator can be presented during playback of content segment to inform the user of the point by which he should (or, in some cases, must) make his selection.”).
Regarding claim 7, the method wherein: causing the display of the first user interface and the second user interface further comprises generating, for at least one alternative segment of the plurality of alternative segments, a duration of the at least one alternative segment (col. 6 lines14-36 teaches “The content paths can also be partially or wholly undefined, such that, in some or all instances, the user can switch to any known video segment without limitation. There can be any number of predefined paths, each having any number of predefined multimedia segments. Some or all of the segments can have the same or different playback lengths, including segments branching from a single source segment.”).
Regarding clam 8, the method wherein the first alternative segment is of a first duration and the second alternative segment is of a second duration and the method further comprise causing the second alternative segment to be altered so that the second duration is the same as the first duration (col. 6 lines14-36 teaches “The content paths can also be partially or wholly undefined, such that, in some or all instances, the user can switch to any known video segment without limitation. There can be any number of predefined paths, each having any number of predefined multimedia segments. Some or all of the segments can have the same or different playback lengths, including segments branching from a single source segment.”).
Claim 11 is rejected for the same reason as discussed in the corresponding claim 1 above (in addition to discussion above, fig. 2 shows input/output circuitry).
Claim 12 is rejected for the same reason as discussed in the corresponding claim 2 above.
Claim 14 is rejected for the same reason as discussed in the corresponding claim 4 above.
Claim 16 is rejected for the same reason as discussed in the corresponding claim 6 above.
Claim 17 is rejected for the same reason as discussed in the corresponding claim 7 above.
Claim 18 is rejected for the same reason as discussed in the corresponding claim 8 above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 3, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11,050,809 by Vishnia et al. in view of US 10,909,826 by Solh et al.
Regarding claim 3, Vishnia et al. discloses the method further comprising:
causing the second computing device to identify the first user of the plurality of users to the second computing device (as discussed above); and
causing the third computing device to identify the second user of the plurality of users to the third computing device (as discussed above).
Vishnia et al. fails to disclose
identify the first user of the plurality of users via a first camera; and
identify the second user of the plurality of users via a second camera.
Solh et al. discloses
identify the first user of the plurality of users via a first camera (col. 10 lines 11-50 teaches “In various examples, a human identification utility 352 may be effective to receive image data and/or video data representing humans (sometimes referred to herein as “human image data”). Human identification utility 352 may be effective to compare the received image data and/or video data to a repository of image data and/or video data in order to identify a particular human from among other humans. In various examples, particular humans may be associated with a particular monitored location. For example, as previously described, person 150a, 150b, and 150c may be associated with building 100 depicted in FIG. 1. In an example, human identification utility may be effective to receive image data and/or video data representing person 150a. The image data and/or video data representing person 150a may be used to generate one or more feature vectors representing person 150a (sometimes referred to herein as “representation data”). For example, facial recognition algorithms may be used to generate a feature vector representation of a human face detected in the image data and/or video data. In some further examples, bounding blocks around portions of the image data and/or video data representing a human body may be used. Additionally, a histogram of gradients (HoG) may be determined for a portion of the image data and/or video data (e.g., for the portion of the image data representing the human within the bounding boxes). In at least some examples, generation of feature vectors may represent an embedding of the image data and/or video data in the feature space of a machine learning model trained to identify humans. In various examples, the machine learning model may be a convolutional neural network (CNN) or any other suitable model. Additionally, in some examples, during a registration step of the camera system (e.g., a camera system including camera devices 120a, 120b, 120c, 120d, 120e, 120f, 120g and/or central processing device 140), the system may prompt a user or users to provide images or videos of the user (e.g., by standing in front of, and at various angles with respect to one or more of camera devices 120a, 120b, 120c, 120d, 120e, 120f, and 120g) so that the human identification utility 352 may generate an album of feature space representations for the particular user.”); and
identify the second user of the plurality of users via a second camera (as discussed above).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the ability to include identify the first user of the plurality of users via a first camera; and identify the second user of the plurality of users via a second camera., as taught by Solh et al. into the system of Vishnia et al., because such incorporation would allow for the benefit of accessing videos to identified user, thus increase user accessibility of the system.
Claim 13 is rejected for the same reason as discussed in the corresponding claim 3 above.
Claim(s) 5, 9-10, 15, 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 11,050,809 by Vishnia et al. in view of US 2016/0189752 by Galant et al.
Regarding claim 5, Vishnia et al. discloses the method wherein:
causing the display of the first user interface alternative segment of the plurality of alternative segments (as discussed above); and
causing the display of the second user interface alternative segment of the plurality of alternative segments (as discussed above).
Vishnia et al. fails to disclose
causing the display of the first user interface further comprises highlighting a first recommended alternative segment of the plurality of alternative segments; and
causing the display of the second user interface further comprises highlighting a second recommended alternative segment of the plurality of alternative segments.
Galant et al. discloses
causing the display of the first user interface further comprises highlighting a first recommended alternative segment of the plurality of alternative segments (paragraph 0037 teaches “In one embodiment, the summary movie is created from the all, or a subset (e.g., the best subset), of the rough cut clips and/or alternate viewpoint media data. In one embodiment, multiple summary movies are created from the same rough cut clips and highlights which differ according to the usage context (e.g., destination and/or use for the summary movie) or user preferences.”, paragraph 0045, 0080);
causing the display of the second user interface further comprises highlighting a second recommended alternative segment of the plurality of alternative segments (in addition to discussion above, paragraph 0046 teaches “The output is an automatically generated summary video. In one embodiment, the system enables the user to make some alterations to the video. In one embodiment, the system enables the user to make adjustments, such as, for example, but not limited to longer, shorter, extra, or fewer highlights.”);
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the ability to include highlighting a first and second recommended alternative segment of the plurality of alternative segments, as taught by Galant et al. into the system of Vishnia et al., because such incorporation would allow a user to preview the alternate segments, thus increase user accessibility of the system.
Regarding claim 9, Vishnia et al. discloses the method further comprising: identifying that a subset of the plurality of alternative segments are of a first type; and causing the first user interface and the second user interface to select the subset of the plurality of alternative segments that are of the first type type (in addition to discussion above, col. 7 lines 6-29 teaches “In one example, the multimedia content is a music video in which the user selects options upon reaching segment decision points to determine subsequent content to be played. First, a video introduction segment is played for the user. Prior to the end of the segment, a decision point is reached at which the user can select the next segment to be played from a listing of choices. In this case, the user is presented with a choice as to who will sing the first verse of the song: a tall, female performer, or a short, male performer. The user is given an amount of time to make a selection (i.e., a decision period), after which, if no selection is made, a default segment will be automatically selected. The default can be a predefined or random selection. Of note, the media content continues to play during the time the user is presented with the choices. Once a choice is selected (or the decision period ends), a seamless transition occurs to the next segment, meaning that the audio and video continue on to the next segment as if there were no break between the two segments and the user cannot visually or audibly detect the transition. As the music video continues, the user is presented with other choices at other decisions points, depending on which path of choices is followed. Ultimately, the user arrives at a final segment, having traversed a complete multimedia content path.”, user has an option to make a selection).
Vishnia et al. fail to disclose user interface to highlight.
Galant et al. discloses user interface to highlight (in addition to discussion above, Abstract teaches “raw captured media data by extracting media data for a set of highlights in real-time using tags that identify each highlight in the set of highlights from signals generated from triggers; creating, on the capture device, a video clip by combining the set of highlights;”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the ability to include user interface to highlight, as taught by Galant et al. into the system of Vishnia et al., because such incorporation would allow a user to preview the alternate segments, thus increase user accessibility of the system.
Regarding claim 10, Vishnia et al. discloses alternative segment (as discussed above), but fails to disclose the method further comprising: generating a summary for an alternative segment of the plurality of alternative segments; and generating, for output, the summary.
Galant et al. discloses
generating a summary for an alternative segment of the plurality of alternative segments (paragraph 0037 teaches “In one embodiment, the summary movie is created from the all, or a subset (e.g., the best subset), of the rough cut clips and/or alternate viewpoint media data. In one embodiment, multiple summary movies are created from the same rough cut clips and highlights which differ according to the usage context (e.g., destination and/or use for the summary movie) or user preferences.”, paragraph 0045, 0080);
generating, for output, the summary (in addition to discussion above, paragraph 0046 teaches “The output is an automatically generated summary video. In one embodiment, the system enables the user to make some alterations to the video. In one embodiment, the system enables the user to make adjustments, such as, for example, but not limited to longer, shorter, extra, or fewer highlights.”);
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate the ability to generating a summary for an alternative segment of the plurality of alternative segments; and generating, for output, the summary, as taught by Galant et al. into the system of Vishnia et al., because such incorporation would allow a user to preview the alternate segments, thus increase user accessibility of the system.
Claim 15 is rejected for the same reason as discussed in the corresponding claim 5 above.
Claim 19 is rejected for the same reason as discussed in the corresponding claim 9 above.
Claim 20 is rejected for the same reason as discussed in the corresponding claim 10 above.
Conclusion
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/NIGAR CHOWDHURY/Primary Examiner, Art Unit 2484
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