DETAILED ACTION
Claims 2-21 are presented for examination.
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 claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,231,741.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is substantially similar in nature of U.S. Patent No. 12,231,741.
Instant Application
U.S. Patent No. 12,231,741
A media device comprising: one or more processors; and a non-transitory computer-readable storage medium that stores instructions that, when executed by the one or more processors, cause the one or more processors to perform operations including:
receiving a media segment configured for presentation by the media device, wherein the media segment includes a set of video frames;
detecting, in at least one video frame of the set of video frames, a watermark based on pixel values of pixels of a set of pixels of the at least one video frame; extracting watermark data from the set of pixels by defining a sequence of symbols from the set of pixels, wherein the watermark data includes a network address and a request for media presentation information associated with the media device;
generating media presentation information in response to extracting the watermark data, wherein the media presentation information includes details about media presented by the media device; and
transmitting the media presentation information to the network address.
3. The media device of claim 2, wherein the operations further include:
receiving, in response to processing the watermark data, a replacement media segment; and
presenting the replacement media segment in place of the media segment.
4. The media device of claim 3, wherein the replacement media segment is received from local memory of the media device.
5. The media device of claim 2, wherein the media presentation information includes an identification of the media segment and duration of time that the media device has been presenting the media segment.
6. The media device of claim 2, wherein the media presentation information includes an identification of a replacement media segment presented by the media device.
7. The media device of claim 2, wherein the watermark data includes a token that authenticates the media presentation information.
8. The media device of claim 2, wherein pixels of the set of pixels having a first pixel value are assigned a first symbol and pixels of the set of pixels having a second pixel value are assigned a second symbol.
11. A non-transitory computer-readable storage medium that stores instructions that, when executed by one or more processors, cause the one or more processors to perform operations including:
receiving, by a media device, a media segment configured for presentation by the media device, wherein the media segment includes a set of video frames; detecting, in at least one video frame of the set of video frames, a watermark based on pixel values of pixels of a set of pixels of the at least one video frame; extracting watermark data from the set of pixels by defining a sequence of symbols from the set of pixels, wherein pixels of the set of pixels having a first pixel value are assigned a first symbol and pixels of the set of pixels having a second pixel value are assigned a second symbol, wherein the watermark data is usable to identify a replacement media segment to be displayed by the media device, and wherein the watermark data includes a token associated with the replacement media segment; displaying, by the media device, the replacement media segment in place of the media segment; and transmitting the token to a destination address, wherein the token is configured to provide proof that the replacement media segment has been presented by the media device.
12. The non-transitory computer-readable storage medium of claim 11, wherein the operations further include: transmitting, in response to detecting the watermark, a request for a destination address associated with the replacement media segment; and receiving the destination address.
13. The non-transitory computer-readable storage medium of claim 11, wherein the replacement media segment is stored in local memory of the media device before the media segment is received.
14. The non-transitory computer-readable storage medium of claim 11, wherein the replacement media segment replaces one or more frames of the set of video frames.
15. The non-transitory computer-readable storage medium of claim 11, wherein the media segment is received from a device associated with an address that is different than the destination address.
1. A method comprising: receiving, by a media device, a media segment configured for presentation by the media device, wherein the media segment includes a set of video frames; detecting, in at least one video frame of the set of video frames, a watermark based on pixel values of pixels of a set of pixels of the at least one video frame; extracting watermark data from the set of pixels by defining a sequence of symbols from the set of pixels, wherein pixels of the set of pixels having a first pixel value are assigned a first symbol and pixels of the set of pixels having a second pixel value are assigned a second symbol, wherein the watermark data is usable to identify a replacement media segment to be displayed by the media device, and wherein the watermark data includes a token associated with the replacement media segment; displaying, by the media device, the replacement media segment in place of the media segment; and transmitting the token to a destination address, wherein the token is configured to provide proof that the replacement media segment has been presented by the media device.
2. The method of claim 1, further comprising: transmitting, in response to detecting the watermark, a request for the destination address associated with the replacement media segment; and receiving the destination address.
3. The method of claim 1, wherein the replacement media segment is stored in local memory of the media device before the media segment is received.
4. The method of claim 1, wherein the replacement media segment replaces one or more frames of the set of video frames.
5. The method of claim 1, wherein the media segment is received from a device associated with an address that is different than the destination address.
6. A system comprising: one or more processors; and a non-transitory computer-readable storage medium that stores instructions that, when executed by the one or more processors, cause the one or more processors to perform operations including: receiving, by a media device, a media segment configured for presentation by the media device, wherein the media segment includes a set of video frames; detecting, in at least one video frame of the set of video frames, a watermark based on pixel values of pixels of a set of pixels of the at least one video frame; extracting watermark data from the set of pixels by defining a sequence of symbols from the set of pixels, wherein pixels of the set of pixels having a first pixel value are assigned a first symbol and pixels of the set of pixels having a second pixel value are assigned a second symbol, wherein the watermark data is usable to identify a replacement media segment to be displayed by the media device, and wherein the watermark data includes a token associated with the replacement media segment; displaying, by the media device, the replacement media segment in place of the media segment; and transmitting the token to a destination address, wherein the token is configured to provide proof that the replacement media segment has been presented by the media device.
7. The system of claim 6, wherein the operations further include: transmitting, in response to detecting the watermark, a request for the destination address associated with the replacement media segment; and receiving the destination address.
8. The system of claim 6, wherein the replacement media segment is stored in local memory of the media device before the media segment is received.
9. The system of claim 6, wherein the replacement media segment replaces one or more frames of the set of video frames.
10. The system of claim 6, wherein the media segment is received from a device associated with an address that is different than the destination address.
This is a nonstatutory double patenting rejection.
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 .
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 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.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2-21 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US Patent Application No. 20050060582) (Hereinafter Choi) in view of Davis et al. (US Patent Application No. 20060120560) (Hereinafter Davis).
As per claim 2, Choi discloses a media device comprising:
one or more processors; and
a non-transitory computer-readable storage medium that stores instructions that, when executed by the one or more processors, cause the one or more processors to perform operations including:
receiving a media segment configured for presentation by the media device,
wherein the media segment includes a set of video frames (para 35, A watermark is a bit pattern inserted into a digital image or audio or video file);
detecting, in at least one video frame of the set of video frames, a watermark based on pixel values of pixels of a set of pixels of the at least one video frame (para 36, watermark detection unit);
extracting watermark data (para 35, a special program to extract the watermark data is needed) from the set of pixels by defining a sequence of symbols from the set of pixels, wherein the watermark data includes a network address (para 36, 40, generates a detection packet containing the IP addresses of the source and destination and port number of the packet… The packet transmission unit transmits the detection packet generated by the detection packet generation unit) and a request for media presentation information associated with the media device para 36, 40, generates a detection packet containing the IP addresses of the source and destination and port number of the packet… The packet transmission unit transmits the detection packet generated by the detection packet generation unit);
generating media presentation information in response to extracting the watermark data, wherein the media presentation information includes details about media presented by the media device (fig 2, para 36, generates a detection packet containing the IP addresses of the source and destination of the packet and the port number. Then, the watermark detection unit 240 transmits the generated detection packet to a system which first inserted the watermark into the packet. ); and
transmitting the media presentation information to the network address (fig 2, para 36, generates a detection packet containing the IP addresses of the source and destination of the packet and the port number. Then, the watermark detection unit 240 transmits the generated detection packet to a system which first inserted the watermark into the packet. ). Choi does not explicitly extracting watermark data from the set of pixels by defining a sequence of symbols from the set of pixels.
However, Davis discloses watermark data from the set of pixels by defining a sequence of symbols from the set of pixels (para 88, watermark embedded; para 136, scalability can be achieved is by processing more or less chunks of input data (e.g. temporal excerpts of music, or blocks/macroblocks of pixels in a frame of video data) to decode watermarks), video frame (para 231, each frame of video can convey further watermark information) displaying, by the media device, the media (para 21-22, table, display 1 TIFF file display 2 JPEG filed display 3 AVI movie display 4 WAV ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Choi and Davis. The motivation would have been to build the device that provide consulting the embedded watermark data and provide the requested information to the user. The Examiner notes that this motivation applies to all dependent and/or otherwise subsequently addressed claims.
As per claim 3, claim is rejected for the same reasons and motivations as claim 2, above. In addition, Davis discloses wherein the operations further include:
receiving, in response to processing the watermark data, a replacement media segment (para 231, each frame of video can convey further watermark information); and
presenting the replacement media segment in place of the media segment (para 231, each frame of video can convey further watermark information).
As per claim 4, claim is rejected for the same reasons and motivations as claim 2, above. In addition, Davis discloses wherein the replacement media segment is received from local memory of the media device (para 65, conveying data to a memory in the consumer device).
As per claim 5, claim is rejected for the same reasons and motivations as claim 2, above. In addition, Davis discloses wherein the media presentation information includes an identification of the media segment and duration of time that the media device has been presenting the media segment (para 168, a content-receiving device can include a watermark detector that issues a receipt…These receipts can be redeemed, e.g., for content tokens as described elsewhere herein).
As per claim 6, claim is rejected for the same reasons and motivations as claim 2, above. In addition, Davis discloses wherein the media presentation information includes an identification of a replacement media segment presented by the media device (para 231, each frame of video can convey further watermark information).
As per claim 7, claim is rejected for the same reasons and motivations as claim 2, above. In addition, Davis discloses wherein the watermark data includes a token that authenticates the media presentation information (para 168, a content-receiving device can include a watermark detector that issues a receipt…These receipts can be redeemed, e.g., for content tokens as described elsewhere herein).
As per claim 8, claim is rejected for the same reasons and motivations as claim 2, above. In addition, Davis discloses wherein pixels of the set of pixels having a first pixel value are assigned a first symbol and pixels of the set of pixels having a second pixel value are assigned a second symbol (para 32, a simpler "watermark capture" function may be used instead. Such a device can omit, e.g., hardware or software components associated with pixel interpolation).
As per claim 9, claim is rejected for the same reasons and motivations as claim 2, above.
As per claim 10, claim is rejected for the same reasons and motivations as claim 3, above.
As per claim 11, claim is rejected for the same reasons and motivations as claim 4, above.
As per claim 12, claim is rejected for the same reasons and motivations as claim 5, above.
As per claim 13, claim is rejected for the same reasons and motivations as claim 6, above.
As per claim 14, claim is rejected for the same reasons and motivations as claim 7, above.
As per claim 15, claim is rejected for the same reasons and motivations as claim 8, above.
As per claim 16, claim is rejected for the same reasons and motivations as claim 2, above.
As per claim 17, claim is rejected for the same reasons and motivations as claim 3, above.
As per claim 18, claim is rejected for the same reasons and motivations as claim 4, above.
As per claim 19, claim is rejected for the same reasons and motivations as claim 5, above.
As per claim 20, claim is rejected for the same reasons and motivations as claim 6, above.
As per claim 21, claim is rejected for the same reasons and motivations as claim 7, above.
Conclusion
Please see the attached PTO-892 for the prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD A SIDDIQI whose telephone number is (571)272-3976. The examiner can normally be reached Monday-Friday.
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/MOHAMMAD A SIDDIQI/Primary Examiner, Art Unit 2493
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