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 .
Terminal Disclaimer
The terminal disclaimer filed on 8/12/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of Patent No. 11,218,775 and Patent No. 12,256,130 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments with respect to claims 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1, 7-8, 14-15 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Newell (U.S. Patent Application Publication 2010/0260473) in view of Bhogal et al. (U.S. Patent Application Publication 2008/0134252) in further view of Gandhi et al. (U.S. Patent No. 10,015,548).
Referring to claim 1, Newell discloses determining, by one or more computing devices and based an indicator in a first video content item, a predicted end time of the first video content item (see Paragraph 0040 and Paragraph 0042 for the media transit facility 104 receiving a UPF from local programming providers 102, which insert the UPF into the video content items).
Newell also discloses determining that the predicted end time of the first video content item is later than a scheduled end time of the first video content item (see Paragraphs 0058-0059 for a sporting event running late and determining the extended end time, which is later than the original end time of the sporting event).
Newell also discloses modifying, based on the predicted end time of the first video content item and prior to the scheduled end time of the first video content item, an indication of when a first video content item will end (see Paragraphs 0058-0059 for modifying the end time to the later end time of the sporting event).
Newell only considers extending the recording of the first content item based on the sporting event going into overtime, however, Newell does not consider adjusting the recording of a second video content item that occurs after the first content item and therefore, fails to teach modifying an indication of when a second video content item will be provided, wherein the second video content item is scheduled after the first video content item.
Bhogal discloses that when a first program goes into overtime and prevents a second show from being recorded, modifying an indication of when a second video content will be provided, wherein the second video content item is scheduled after the first video content item (see Paragraph 0038).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify end time modification process, as taught by Newell, using the second program recording adjustment functionality, as taught by Bhogal, for the purpose of ensuring that a second show that has been selected for viewing and/or recording can be recorded and/or viewed in the second show’s entirety.
Newell and Bhogal fail to teach determining, based on an indicator detected in a first video content item, via analysis by a content recognition system, a predicted end time of the first video content item.
Gandhi discloses determining, based on an indicator detected in a first video content item, via analysis by a content recognition system, a predicted end time of the first video content item (see Column 6, Line 54 through Column 7, Line 7).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify end time prediction process, as taught by Newell and Bhogal, using the content recognition functionality, as taught by Gandhi, for the purpose of recommending particular clips or segments for viewing by a particular viewer based on the media analysis and viewing data (see Column 6, Lines 63-65 of Gandhi).
Referring to claim 7, Bhogal discloses changing, based on the predicted end time of the first video content item and prior to the scheduled end time of the first video content item, a video stream from which a second video content item is recorded (see Paragraph 0038).
Referring to claim 8, see the rejection of claim 1 and further note that Newell teaches that the method is executed at server/media transmit facility 104.
Referring to claim 14, see the rejection of claim 7.
Referring to claim 15, see the rejection of claim 1.
Referring to claim 21, see the rejection of claim 8.
Claims 2-3, 9-10 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Newell (U.S. Patent Application Publication 2010/0260473) in view of Bhogal et al. (U.S. Patent Application Publication 2008/0134252) in further view of Gandhi et al. (U.S. Patent No. 10,015,548) in further view of Diamondstein (U.S. Patent No. 9,571,890).
Referring to claim 2, Newell, Bhogal and Gandhi disclose all of the limitations of claim 1, but fails to teach that the indicator comprises a visual indicator.
Diamondstein discloses a time-based sporting event that includes a graphic overlay that presents users with a representation of how much time has elapsed and/or remains in a particular portion of the game, which can be used to determine a game time using an image analysis technique (see Column 16, Line 18 through Column 17, Line 10), therefore using a visual indicator to determine an end time of a sports program.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the indicator, as taught by Newell, Bhogal and Gandhi, using the visual indicators, as taught by Diamondstein, for the purpose of more accurately determining when the end of a sports program has ended.
Claim 3 corresponds to claim 2, wherein Diamondstein further discloses that the visual indicator comprises a video overlay displayed with the first video content item (see Column 16, Lines 49-51).
Referring to claims 9-10, see the rejection of claims 2-3, respectively.
Referring to claims 16-17, see the rejection of claims 2-3, respectively.
Claims 4, 11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Newell (U.S. Patent Application Publication 2010/0260473) in view of Bhogal et al. (U.S. Patent Application Publication 2008/0134252) in further view of Gandhi et al. (U.S. Patent No. 10,015,548) in further view of Harvey et al. (U.S. Patent Application Publication 2014/0244010).
Referring to claim 4, Newell, Bhogal and Gandhi disclose all of the limitations of claim 1, wherein Newell discloses determining the predicted end time of the first video content item (see the rejection of claim 1) comprises but fail to teach determining, based on determining remaining distance in a race, the predicted end time.
Harvey discloses determining, based on determining remaining distance in a race, the predicted end time (see Paragraph 0075).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify the end time determination process, as taught by Newell, Bhogal and Gandhi, using the race distance end time determination functionality, as taught by Harvey, for the purpose of allowing spectators to receive real-time information about a racer (see Paragraph 0018 of Harvey).
Referring to claims 11 and 18, see the rejection of claim 4.
Claims 5-6, 12-13 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Newell (U.S. Patent Application Publication 2010/0260473) in view of Bhogal et al. (U.S. Patent Application Publication 2008/0134252) in further view of Gandhi et al. (U.S. Patent No. 10,015,548) in further view of Radloff (U.S. Patent Application No. 8,989,561).
Referring to claim 5, Newell, Bhogal and Gandhi disclose all of the limitations of claim 1, but fail to teach determining, based on the indicator, a status of the first video content item and modifying, based on the status of the first video content item and by adding a status indicator, a first entry in a content listing.
Radloff discloses determining, based on the indicator, a status of the first video content item and modifying, based on the status of the first video content item and by adding a status indicator, a first entry in a content listing (see Column 7, Lines 4-19, Figure 8 and Column 11, Lines 38-59).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention, to modify end time determination and modification system, as taught by Newell, Bhogal and Gandhi, using status determination and status indicator functionality, as taught by Radloff, for the purpose of providing a system that is capable of rescheduling recordings to avoid conflicts (see Column 1, Lines 50-57 of Radloff).
Claim 6 corresponds to claim 5, wherein Radloff teaches that the status indicator comprises a time (see Column 7, Lines 4-19, Figure 8 and Column 11, Lines 38-59).
Referring to claims 12-13, see the rejection of claims 5-6, respectively.
Referring to claims 19-20, see the rejection of claims 5-6, respectively.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON P SALCE whose telephone number is (571)272-7301. The examiner can normally be reached 5:30am-10:00pm M-F (Flex Schedule).
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/Jason Salce/Senior Examiner, Art Unit 2421
Jason P Salce
Senior Examiner
Art Unit 2421
September 23, 2026
