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 .
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 2-7, 9-19, and 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication 20170085939 by Gupta et. al. (hereafter Gupta).
Claim 2:
Gupta discloses:
“detecting that first content is being displayed at a client device;”[ detecting(fig. 12 1210-1220; detection of a content being displayed is provided since it must happen prior to moving on to next step 1220) that first content (fig. 12 1210, program; fig. 10 1010) is being displayed at a client device (fig. 12 1210 display; fig. 10)]
“while the first content is being displayed, identifying an alert comprising a recommendation for second content comprising a sporting event based at least in part on
identifying an attribute of the sporting event, “[while the first content is being displayed (fig. 10 1010), identifying an alert (0218, notification 1040 ) comprising a recommendation for second content comprising a sporting event (fig. 10 1040, patriots broncos game) based at least in part on identifying an attribute of the sporting event (0219, patriots favorite team; fig. 1040, touchdown by patriots; 0219, detect that a scoring event (e.g. a touchdown) occurred, and a provide a notification to the user)]
“wherein the attribute comprises at least one of a sport type of the sporting event or a team competing in the sporting event; and”[ wherein the attribute (0219, patriots favorite team; fig. 1040, touchdown by patriots; 0219, detect that a scoring event (e.g. a touchdown) occurred, and a provide a notification to the user)comprises at least one of a sport type of the sporting event (0020, event of interest for a football program; 0219, scoring event; scoring event is a sport type of the sporting event (football program / patriots broncos game)) or a team competing in the sporting event (0219, patriots were his favorite team; 0219, patriots broncos game; patriots is a team competing in the sporting event patriots broncos game)]
“determining that the at least one of the sport type of the sporting event or the team competing in the sporting event corresponds to a preference indicated in a profile associated with the client device;”[ determining that the at least one of the sport type of the sporting event (0020, event of interest for a football program; 0219, scoring event; scoring event is a sport type of the sporting event (football program / patriots broncos game)) or the team competing in the sporting event (0219, patriots were his favorite team; 0219, patriots broncos game; patriots is a team competing in the sporting event patriots broncos game)corresponds to a preference indicated in a profile (fig. 12 1255 user settings) associated with the client device (fig. 12 display)]
“based at least in part on the detecting, determining that the second content is not being displayed at the client device; and”[ based at least in part on the detecting (fig. 12 1210-1220; detection of a content being displayed is provided since it must happen prior to moving on to next step 1220), determining that the second content (fig. 1040, patriots -broncos game) is not being displayed at the client device (fig. 10 1040; 0218, display an option to display; option / notification is not yet display of patriots-bronco’s game)]
“providing for display the alert at the client device.” [providing for display the alert at the client device(fig. 10 1040; 0218, display an option to display)]
Claim 3:
Gupta discloses: “The method of claim 2, wherein providing for display the alert at the client device is performed based at least in part on the determining that the second content is not being displayed at the client device.”[ wherein providing for display the alert at the client device(fig. 10 1040; 0218, display an option to display) is performed based at least in part on the determining that the second content is not being displayed at the client device(fig. 10 1040; 0218, display an option to display; option / notification is not yet display of patriots-bronco’s game)]
Claim 4:
Gupta discloses: “The method of claim 2, wherein providing for display the alert at the client device is further based at least in part on one or more inputs received at the client device. “[wherein providing for display the alert at the client device(fig. 10 1040; 0218, display an option to display) is further based at least in part on one or more inputs received at the client device (fig. 12 1255; 0215, user settings for event detection)]
Claim 5:
Gupta discloses: “The method of claim 4, wherein:the first content is provided by way of a first content source;the one or more inputs comprise receiving a request to access a media guidance interface from which one or more other content sources are accessible.”[ wherein:the first content (fig. 12 1210, program) is provided by way of a first content source (fig. 12 1205, first channel); the one or more inputs (fig. 12 1255; 0215, user settings for event detection) comprise receiving a request to access a media guidance interface (0215, the media guidance application determines via control circuitry, whether there are user settings for event detection) from which one or more other content sources are accessible (0208, media guidance application tunes to a first channel)]
Claim 6:
Gupta discloses: “The method of claim 4, wherein: the first content is provided by way of a first content source;the one or more inputs comprise receiving a request to access content provided by way of a second content source that is distinct from the first content source.”[ the first content (fig. 12 1210, program) is provided by way of a first content source ( fig. 12 1205, first channel); the one or more inputs (fig. 12 1255; 0215, user settings for event detection) comprise receiving a request to access content provided by way of a second content source (0218, hell’s kitchen; 0211, hell’s kitchen..being broadcast on different channels) that is distinct from the first content source (0209, first channel…cowboys and aliens)]
Claim 7:
Gupta discloses:”The method of claim 6, wherein providing for display the alert at the client device is performed based at least in part on the determining that the second content is not being displayed at the client device, andwherein the second content is accessible by way of a third content source distinct from the first content source and the second content source.”[ wherein providing for display the alert at the client device(fig. 10 1040; 0218, display an option to display) is performed based at least in part on the determining that the second content is not being displayed at the client device(fig. 10 1040; 0218, display an option to display; option / notification is not yet display of patriots-bronco’s game)], and wherein the second content (0218, patriots-bronco’s game) is accessible by way of a third content source distinct from the first content source and the second content source(0218, hell’s kitchen; 0211, hell’s kitchen..being broadcast on different channels; different channels for different programs broadcasted are distinct content sources)]
Claim 9:
Gupta discloses: “The method of claim 2, wherein identifying the attribute of the sporting event comprises retrieving metadata associated with the sporting event, and wherein the metadata comprises information related to at least one of: a time in a season of the sporting event in which the sporting event is occurring, a relative ranking of a plurality of competitors participating in the sporting event, a current score between teams participating in the sporting event, a scoring frequency indicator, an amount of time remaining in the sporting event, or a number of viewers associated with the sporting event.”[ wherein identifying the attribute of the sporting event (0219, patriots favorite team; fig. 1040, touchdown by patriots; 0219, detect that a scoring event (e.g. a touchdown) occurred, and a provide a notification to the user) comprises retrieving metadata associated with the sporting event (0219, detect that a scoring event occurred), and wherein the metadata comprises information related to at least one of: a time in a season of the sporting event in which the sporting event is occurring (0069, during hockey playoff season, the user may prioritize hockey games), a relative ranking of a plurality of competitors participating in the sporting event (0025, medal ceremony as an event of interest), a current score between teams participating in the sporting event (0054, score or state of the game generated for display), a scoring frequency indicator (0054, score or state of the game generated for display), an amount of time remaining in the sporting event (0064 halftime), or a number of viewers associated with the sporting event(0123, subscription data may identify to which sources or services a given user subscribes)]
Claim 10:
Gupta discloses: “The method of claim 2, wherein identifying the alert further comprises:obtaining a plurality of content preferences from the profile;generating respective weighting values, based on the plurality content preferences, for a plurality of attributes of the second content; summing the weighting values for the plurality of attributes, wherein each sum represents an interest level for the second content; anddetermining that the sums of the weighting values meet or exceed a threshold value.” [wherein identifying the alert (fig. 10 1040; 0218, display an option to display)further comprises:obtaining a plurality of content preferences from the profile (0069, user preferences) ;generating respective weighting values (0069, priorities; 0069, preferences with priorities), based on the plurality content preferences(0069, preferences), for a plurality of attributes of the second content (0069, second and third programs of interest determined based on user preferences); summing the weighting values for the plurality of attributes (0069, prioritize comedies with will Ferrell higher than war movies; sum of weight value priority for comedies and sum of weight value priority of war movie ), wherein each sum represents an interest level for the second content (0069, second and third programs of interest to the user); and determining that the sums of the weighting values meet or exceed a threshold value (0069, prioritize comedies with will Ferrell higher than war movies; weight value priority of comedies being higher than threshold war movie weight value priority)]
Claim 11:
Gupta discloses: “The method of claim 2, wherein identifying the alert is further based at least in part on a plurality of viewing metrics associated with the second content.”[ identifying the alert (fig. 10 1040; 0218, display an option to display)is further based at least in part on a plurality of viewing metrics (0219, detect that a scoring event (e.g. a touchdown) occurred, and a provide a notification to the user)associated with the second content(fig. 1040, patriots -broncos game)]
Claim 12:
Gupta discloses:”The method of claim 2, wherein:providing for display the alert comprises: providing for display, at the client device, an option to cause the second content to be displayed at the client device, the method further comprising:receiving a selection of the option; and based at least in part on receiving the selection, changing the display of the client device todisplay the second content instead of the first content.”[ providing for display the alert (fig. 10 1040; 0218, display an option to display)comprises: providing for display, at the client device, an option to cause the second content to be displayed at the client device (fig. 10 1040, do you want to watch), the method further comprising :receiving a selection of the option (fig. 10 1040 yes / no; 0197 selection); and based at least in part on receiving the selection, changing the display of the client device todisplay the second content instead of the first content (0197, select ‘yes’ and begin watching the patriots-broncos game in the main area 1010)]
Claim 13:
Gupta discloses:”The method of claim 2, wherein identifying the alert further comprises determining that a user is not engaged in the display of the first content by:determining an engagement score for the user based at least in part on viewing metrics in relation to the consumption of the first content by the user;and determining that the engagement score does not meet or exceed a predetermined threshold score. “ [wherein identifying the alert (fig. 10 1040; 0218, display an option to display)further comprises determining that a user is not engaged in the display of the first content by (0197, begin watching the patriots-broncos game in the main area):determining an engagement score for the user (0219, scoring event) based at least in part on viewing metrics (0219, a touchdown) in relation to the consumption of the first content by the user (fig. 10 1010);and determining that the engagement score (0219, scoring event) does not meet or exceed a predetermined threshold score (0219, monitor the patriots-broncos game; has not detected a scoring event). ]
Claim 22:
Gupta discloses:”The method of claim 2, wherein the alert further comprises a user selectable option to cause the client device to display the second content instead of the first content.”[ wherein the alert (fig. 10 1040; 0218, display an option to display)f further comprises a user selectable option to cause the client device to display the second content instead of the first content (0197, user may decide to select “yes” and begin watching the Patriots-Broncos game in main area 1010 of the display device)]
Claim 14-19, 21 and 23:
Claims 14-19, 21, and 23 recite similar limitations as that of claims 2-7, 9, and 22 except that claims 14-19, 21, and 23 are directed to a system instead of a method. Claims 14-19, 21, and 23 are rejected under similar rationale as that of claims 2-7, 9, and 22. Control Circuitry is further disclosed in Gupta in at least figure 3.
Response to Arguments
Applicant’s arguments, see remarks, filed 12/19/25, with respect to the rejection(s) of claim(s) 2-7 and 10-19 under 35 U.S. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of U.S. 20170085939 by Gupta et. al. (hereafter Gupta).
Allowable Subject Matter
The prior indicated allowability of claims 8-9 and 20-21 are withdrawn in view of the newly discovered reference(s) to U.S. Patent Application Publication 20170085939 by Gupta et. al. (hereafter Gupta). Rejections based on the newly cited reference(s) are noted above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PHAM whose telephone number is (571)272-3924. The examiner can normally be reached M-F 11-730pm Eastern.
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/MICHAEL PHAM/Primary Examiner, Art Unit 2167