Detail Office 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 .
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Status: Please all the replies and correspondence should be addressed to Examiner’s art unit 2693. Receipt is acknowledged of papers submitted on 01-17-2025 under new application being continuation of parent 18/519,675 filling date of 11/27/2023, matured to US patent # 12,271,516, is continuation of parent application # 17/790,297 filling date of 10/20/2022, matured to US patent # 11,868,518, is continuation of parent application # 17/169,799 filling date of 02/08/2021, matured to US patent # 11507180, is continuation of parent application # 16/149,478 filling date of 10/02/2018, matured to US patent # 10948975; is continuation of parent application # 15/011,119 filling date of 01/29/2016, matured to US patent # 10120437; which have been placed of record in the file. Claims 1 ais pending. Claims 2-50 are canceled.
Response to Amendment
The amendment filed 01-17-2025 is acknowledged Examiner has further considered the claim and extensively searched Claim per Applicant’s amendments.
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.
Claim 1 is rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of US patent # 11,507,180 B2, Claim 1 of U.S. Patent No. 11,868,518 B2 and claims 1 of U.S. Patent No. 10,120,437 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows: Comparison of Instant application Claim 1 to over claim 1 of US patent # 11,507,180 B2, Claim 1 of U.S. Patent No. 11,868,518 B2 and claim 1 of U.S. Patent No. 10,120,437 B2 as follows:
Instant US Application Number
19,030,081
US Patent Number
US 11,507,180 B2
US 11,868,518 B2
US 10,120,437 B2
1. A method for controlling presentation of media content with physical world objects, the method comprising storing a first digital description of a first physical object in an augmented reality environment of a user; receiving a user input from the user, assigning an input scheme for controlling presentation of media content to the first physical object; and after receiving the user input assigning the input scheme for controlling presentation of media content to the first physical object: detecting the first physical object in the augmented reality environment by comparing digital descriptions of physical objects in the augmented reality environment to the first digital description of the first physical object; and in response to detecting the first physical object in the augmented reality environment, controlling presentation of media content using the input scheme.
51. A method for controlling of media content with physical world objects, the method comprising: storing digital descriptions of a plurality of physical objects in an augmented reality environment of a user; receiving a user input from the user assigning a media asset to a first physical object separate from the user of the plurality of physical objects; detecting the first physical object and a second physical object separate from the user of the plurality of physical object in the augmented reality environment by comparing digital descriptions of physical objects in the augmented reality environment to the digital description of the first physical object and to the digital description of the second physical object; in response to identifying user interaction with the second physical object after user interaction with the first physical object in the augmented reality environment, reassigning the media asset from the first physical object to the second physical object.
US 11,868,518 B2
51. A method for associating media content with physical world objects, the method comprising: storing a digital description of a physical object in an augmented reality environment of a user; receiving a first user input assigning a media asset to the physical object; receiving a second user input assigning an input scheme for controlling a presentation of the media asset, wherein the input scheme is based on the physical object; and after receiving the first user input assigning the media asset to the physical object: detecting the physical object in the augmented reality environment by comparing digital descriptions of physical objects in the augmented reality environment to the digital description of the physical object; in response to detecting the physical object in the augmented reality environment, automatically causing the media asset to be presented; and receiving a third user input controlling the presentation of the automatically presented media asset based on the input scheme, wherein the third user input relates to non-virtual physical interaction with the physical object.
US 10,120,437 B2
1. A method for controlling presentation of media content with physical world objects, the method comprising: storing a first digital description of a first physical object in an augmented reality environment of a user; receiving a user input from the user assigning an input scheme for controlling a presentation of media content to the first physical object by: receiving a voice input from the user identifying an attribute of the presentation of the media content to be controlled; detecting a user gesture occurring simultaneously with the receiving of the voice input, identifying an interaction with the first physical object that controls the attribute; and associating the detected user gesture with the attribute identified by the voice input from the user based on the user gesture occurring simultaneously with the receiving of the voice input; and after receiving the user input assigning the input scheme for controlling presentation of media content to the first physical object: detecting the first physical object in the augmented reality environment by comparing digital descriptions of physical objects in the augmented reality environment to the first digital description of the first physical object; and in response to detecting the first physical object in the augmented reality environment, controlling presentation of media content using the input scheme.
Note the comparison of independent claim 1 of instant application, to claim 1 of US patent # 11,507,180 B2, Claim 1 of U.S. Patent No. 11,868,518 B2 and claims 1 of U.S. Patent No. 10,120,437 B2 to avoid 101 statutory double patenting rejections the claims limitation by curtailing the details and language has been changed. However, instant application independent claim limitations are described in independent claims of the parent applications. They both are claiming same “Methods and systems are described herein for a media guidance application that allows users to associate input schemes with physical objects in an augmented reality environment. Specifically, the media guidance application may recognize physical objects in an augmented reality environment and allow users to identify input schemes to associate with the physical objects, wherein the input schemes are ways in which users may control presentation of media content by interacting with the physical objects”. Further please notice instant application independent claim limitations are described in independent claims of the parent applications and both the applications pending as well as patented application are claiming media assets like audio or video to communicate to media audiences controlled by the motion of the part of the physical object.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant is requested review cited prior art cited on USPTO 892.
The prior art of Roberts; Brian F et al. (US 20120120296 A1)disclosure, paras. 22-84, discloses, augment the reality of a user's physical, real-world environment during a presentation of a media content instance on a display device. For example, rather than occupying any portion of a display screen of the display device to present enhanced content, the systems and methods disclosed herein allow a user to utilize a camera and a display screen associated with a mobile device (e.g., a tablet computer, a mobile phone device, etc.) to augment the reality of the user's physical environment and access enhanced content associated with the media content instance being presented on the display device. A mobile device may display, on a display screen, a view of a user's physical environment (e.g., a view acquired by a camera associated with the mobile device) including at least a portion of a display device being used to present a media content instance to the user. In conjunction with the displayed view, the mobile device may dynamically present one or more display elements on the display screen (e.g., overlaid onto and/or included in place of a portion or portions of the acquired/displayed view). In some examples, the one or more display elements may form and/or be presented within a virtual user interface. A user may then utilize the presented one or more display elements to select, access, view, and/or interact with enhanced content associated with the media content instance. A media content instance may include and/or be associated with one or more attributes. For example, a media content instance may be associated with and/or include one or more video attributes (e.g., images, portions of images, colors, objects, video quality, people, and/or any other suitable attributes associated with and/or depicted within a video portion of the media content instance), one or more audio attributes (e.g., sounds, songs, names, voices, and/or any other suitable audio attributes associated with or included within an audio portion of the media content instance), one or more text attributes (e.g., one or more words--such as the names of people, places, things, activities, etc.--included within a closed caption stream associated with the media content instance), one or more metadata attributes (e.g., metadata representative of a title of the media content instance, a name of one or more people associated with the media content instance--such as actors, artists, directors, producers, etc.--a subject of the media content instance, a synopsis of the media content instance, a setting of the media content instance, a theme of the media content instance, a format of the media content instance, and/or any other suitable metadata associated with the media content instance), and/or any other suitable attributes associated with the media content instance. The attributes associated with a media content instance may be detected and utilized to identify a media content instance and/or to select enhanced content associated with the media content instance.
The prior art of BOSSUT; Christophe et al. (US 20190147246 A1) disclosure; paras. 90-319, discloses, A computer implemented method for image recognition, comprising: Receiving a candidate image for comparison against a plurality of pre-stored images; Applying a first recognition algorithm whose output includes a plurality of potential matches for the candidate image, the potential matches including images showing an optical similarity to the candidate image; Applying a second recognition algorithm for detecting, from the plurality of potential matches, a single match for the candidate image, the second recognition algorithm being adapted to detect a common text in the candidate image and one of the potential matches; wherein the second recognition algorithm uses a paragraph based pattern recognition adapted to detect the single match for the candidate image based on a presence of a paragraph having the same pattern in the candidate image and one of the potential matches, and wherein the paragraph based pattern recognition comprises: identifying a paragraph of text within the image; processing a section of the image delimiting the paragraph to find major word spaces and line endings; converting the pattern and line endings to a digital description that allows for searching pre-stored similar digital descriptions; wherein searching for pre-stored digital descriptions comprises applying a local sensitivity hashing method for identifying a closest match for the pattern of the paragraph.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRABODH M DHARIA whose telephone number is (571)272-7668. The examiner can normally be reached Monday -Friday 9:00 AM to 5:30 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Lee can be reached on 571-272-2963. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
Any response to this action should be mailed to:
Commissioner of Patents and Trademarks
P.O. Box 1450
Alexandria VA 22313-1450
/Prabodh M Dharia/
Primary Examiner
Art Unit 2629
06-24-2026
Prosecution Insights