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 .
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)(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.
Claims 1-2, 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hough et al. (US Pub. 2016/0301974), herein referenced as Hough.
Regarding claim 1, Hough discloses “A method comprising: generating, for output at a computing device, media content for an audience comprising a plurality of users ([0031]-[0034], Fig. 1, i.e., content providing device is operatable to present content to one or more users);
accessing data indicating a sleep status for each of the plurality of users ([0004], [0006], [0039], [0063]-[0064], i.e., the content providing device determines whether there is a change in an interest level for one or more users in the presentation environment. For example, one of the users may be detected to have fallen asleep, become distracted, etc.);
based on the data: identifying a sleep-state associated with at least a first user of the plurality of users; identifying an awake-state associated with at least a second user of the plurality of users ([0006], [0063]-[0064], i.e., where a viewer has fallen asleep and another viewer or viewers are present and awake);
bookmarking, based at least in part on identifying the sleep-state associated with the at least the first user, a position in the media content at a point the sleep-state associated with the first user started ([0032], [0037], [0046], [0063]-[0064], Fig. 2, i.e., one or more markers may be stored indicating where at least one of and/or each of the viewers fell asleep);
continuing, based at least in part on identifying the awake-state associated with the at the second user, generating the media content for output ([0063]-[0064], i.e., where a viewer has fallen asleep and another viewer or viewers are present and awake, a focused sound mode can be switched to (if not already active), and the program sound level directed at the awake viewer(s));
subsequent to receiving input associated with stopping the output of the media content, providing a user interface option to resume play of the media content from the bookmarked position in the media content.” ([0037], [0052], [0063]-[0064], Fig. 5, i.e., content providing device detects a change in a level of interest for a user, then at block 506, the content providing device may modify presentation of the content, such as pausing the content presentation. In addition, a prompt may be provided to a user indicating that the marker associated with the first time is available. The user may select to return to presentation of the content from the first time).
Regarding claim 2, Hough discloses “wherein the position is a first position and the method further comprises: identifying, subsequent to the awake-state, a sleep-state associated with the second user of the plurality of users; bookmarking, based at least in part on identifying the sleep-state associated with the second user, a second position in the media content at a point the sleep-state associated with the second user started ([0063]-[0064], i.e., if all viewers have fallen asleep, one or more markers may be stored indicating where at least one of and/or each of the viewers fell asleep); and stopping generating the media content for output.” ([0037], [0052], [0063]-[0064], Fig. 5, i.e., the content providing device may modify presentation of the content, such as pausing the content presentation).
Regarding claim 11, Hough discloses “A system comprising: input/output circuitry (Figs. 1, 7) configured to: generate, for output at a computing device, media content for an audience comprising a plurality of users ([0031]-[0034], Fig. 1, i.e., content providing device is operatable to present content to one or more users); processing circuitry configured to:
access data indicating a sleep status for each of the plurality of users ([0004], [0006], [0039], [0063]-[0064], i.e., the content providing device determines whether there is a change in an interest level for one or more users in the presentation environment. For example, one of the users may be detected to have fallen asleep, become distracted, etc.);
based on the data: identify a sleep-state associated with at least a first user of the plurality of users; identify an awake-state associated with at least a second user of the plurality of users ([0006], [0063]-[0064], i.e., where a viewer has fallen asleep and another viewer or viewers are present and awake);
bookmark, based at least in part on identifying the sleep-state associated with the at least the first user, a position in the media content at a point the sleep-state associated with the first user started ([0032], [0037], [0046], [0063]-[0064], Fig. 2, i.e., one or more markers may be stored indicating where at least one of and/or each of the viewers fell asleep);
continue, based at least in part on identifying the awake-state associated with the at the second user, generating the media content for output ([0063]-[0064], i.e., where a viewer has fallen asleep and another viewer or viewers are present and awake, a focused sound mode can be switched to (if not already active), and the program sound level directed at the awake viewer(s));
subsequent to receiving input associated with stopping the output of the media content, provide a user interface option to resume play of the media content from the bookmarked position in the media content.” ([0037], [0052], [0063]-[0064], Fig. 5, i.e., content providing device detects a change in a level of interest for a user, then at block 506, the content providing device may modify presentation of the content, such as pausing the content presentation. In addition, a prompt may be provided to a user indicating that the marker associated with the first time is available. The user may select to return to presentation of the content from the first time).
Regarding claim 12, claim 12 is interpreted and thus rejected for the reasons set forth above in the rejection of claim 2.
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.
Claims 3, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hough in view of Cho (US Pub. 2017/0336955), herein referenced as Cho.
Regarding claim 3, Hough fails to explicitly disclose “wherein: the media content comprises metadata indicating a priority segment; the method further comprises identifying whether the position in the media content occurs at or before the priority segment; and the bookmarking is further based on whether the position in the media content occurs at or before the priority segment.”
Cho teaches the technique of providing wherein: the media content comprises metadata indicating a priority segment ([0103], [0183], Figs. 2, 15-16, i.e., multimedia content includes event sections associated with event time points and comments); the method further comprises identifying whether the position in the media content occurs at or before the priority segment; and the bookmarking is further based on whether the position in the media content occurs at or before the priority segment ([0144]-[0146], [0167], Figs. 14, 27 i.e., a user bookmarks event sections and selection of a bookmark causes playback at key scene). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of providing wherein: the media content comprises metadata indicating a priority segment; the method further comprises identifying whether the position in the media content occurs at or before the priority segment; and the bookmarking is further based on whether the position in the media content occurs at or before the priority segment as taught by Cho, to improve the user engagement content presentation system of Hough for the predictable result of providing the viewer the convenience of selecting displaying key scenes of their choosing.
Regarding claim 13, claim 13 is interpreted and thus rejected for the reasons set forth above in the rejection of claim 3.
Claims 4, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hough in view of Chase et al. (US Pub. 2020/0192558), herein referenced as Chase.
Regarding claim 4, Hough fails to explicitly disclose “wherein: the media content is an episode of a series of episodes; and the method further comprises disabling an automatic playback of a subsequent episode of the series of episodes.”
Chase teaches the technique of providing wherein: the media content is an episode of a series of episodes; and the method further comprises disabling an automatic playback of a subsequent episode of the series of episodes ([0007], [0047]-[0049], Fig. 15, i.e., the user interface includes a toggle selector to disable autoplay for media context including video episodes or series). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of providing wherein: the media content is an episode of a series of episodes; and the method further comprises disabling an automatic playback of a subsequent episode of the series of episodes as taught by Chase, to improve the user engagement content presentation system of Hough for the predictable result of preventing unwanted playback of a series of videos.
Regarding claim 14, claim 14 is interpreted and thus rejected for the reasons set forth above in the rejection of claim 4.
Claims 5, 8, 10, 15, 18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hough in view of Cheng (US Pub. 2015/0264432), herein referenced as Cheng.
Regarding claim 5, Hough fails to explicitly disclose “wherein: for the at least the first user of the plurality of users, the sleep status comprises data indicating a sleep stage; and an action to perform is generated based on the identified sleep-state.”
Cheng teaches the technique of providing wherein: for the at least the first user of the plurality of users, the sleep status comprises data indicating a sleep stage; and an action to perform is generated based on the identified sleep-state ([0026], [0032], [0044], Fig. 7, i.e., determining a sleep state of a user, such as deep sleep, light sleep, and performing an action based on a user’s sleep state). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of providing wherein: for the at least the first user of the plurality of users, the sleep status comprises data indicating a sleep stage; and an action to perform is generated based on the identified sleep-state as taught by Cheng, to improve the user engagement content presentation system of Hough for the predictable result of providing media programs based a current situation of the user or users ([0003]).
Regarding claim 8, Hough fails to explicitly disclose “wherein the method further comprises: Identifying that the media content is a favorited media content item; identifying, based on the media content being the favorited media content item, an action to perform in response to identifying the sleep-state; and generating the action to perform.”
Cheng teaches the technique of providing wherein the method further comprises: Identifying that the media content is a favorited media content item ([0017]-[0018], [0040], i.e., a user may classify a media program with the type “favorite” or “favorite sit-com”); identifying, based on the media content being the favorited media content item, an action to perform in response to identifying the sleep-state; and generating the action to perform ([0026], [0032], [0044], Fig. 7, i.e., determining a sleep state of a user, such as deep sleep, light sleep, and performing an action based on a user’s sleep state). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of providing wherein the method further comprises: Identifying that the media content is a favorited media content item; identifying, based on the media content being the favorited media content item, an action to perform in response to identifying the sleep-state; and generating the action to perform as taught by Cheng, to improve the user engagement content presentation system of Hough for the predictable result of providing media programs based a current situation of the user or users ([0003]).
Regarding claim 10, Hough discloses “wherein the method further comprises: that the sleep-state indicates a … sleep-state; and reducing a volume associated with the output of the media content.” ([0064], i.e., content providing device detects a change in a level of interest for a user, then at block 506, the content providing device may modify auditory and/or visual presentation of the content, such as reducing volume).
Hough fails to explicitly disclose that the sleep-state indicates a light sleep-state.
Cheng teaches the technique of determining that the sleep-state indicates a light sleep-state ([0026], [0032], [0044], Fig. 7, i.e., determining a sleep state of a user, such as deep sleep, light sleep, and performing an action based on a user’s sleep state). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of determining that the sleep-state indicates a light sleep-state as taught by Cheng, to improve the user engagement content presentation system of Hough for the predictable result of providing media programs based a current situation of the user or users ([0003]).
Regarding claim 15, claim 15 is interpreted and thus rejected for the reasons set forth above in the rejection of claim 5.
Regarding claim 18, claim 18 is interpreted and thus rejected for the reasons set forth above in the rejection of claim 8.
Regarding claim 20, claim 20 is interpreted and thus rejected for the reasons set forth above in the rejection of claim 10.
Claims 7, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hough in view of Lau et al. (US Pub. 2019/0394528), herein referenced as Lau.
Regarding claim 7, Hough fails to explicitly disclose “wherein the media content is live media content that is received in, at least substantially, real time and the method further comprises: identifying that the live media content subsequently becomes available to stream in a video-on-demand format; and generating, for output, an indication that the media content is available to stream in the video-on-demand format that indicates a start point of the video-on-demand format based on the position in the media content.”
Lau teaches the technique of providing wherein the media content is live media content that is received in, at least substantially, real time ([0015], [0018], i.e., live streaming and live recording) and the method further comprises: identifying that the live media content subsequently becomes available to stream in a video-on-demand format; and generating, for output, an indication that the media content is available to stream in the video-on-demand format that indicates a start point of the video-on-demand format based on the position in the media content ([0022], [0055], i.e., user may stop halfway through the live-stream, however, the live-stream video asset may not be available any longer. Video delivery service 106 may then determine that the user should be offered the video on demand video asset).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of providing wherein the media content is live media content that is received in, at least substantially, real time and the method further comprises: identifying that the live media content subsequently becomes available to stream in a video-on-demand format; and generating, for output, an indication that the media content is available to stream in the video-on-demand format that indicates a start point of the video-on-demand format based on the position in the media content as taught by Lau, to improve the user engagement content presentation system of Hough for the predictable result of providing the user with an alternative option to view media content.
Regarding claim 17, claim 17 is interpreted and thus rejected for the reasons set forth above in the rejection of claim 7.
Allowable Subject Matter
Claims 6, 9, 16, 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Q Huerta whose telephone number is (571)270-3582. The examiner can normally be reached M-F 9:00 AM-5:00 PM.
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/ALEXANDER Q HUERTA/Primary Examiner, Art Unit 2425 March 2, 2026