DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application is being examined under the pre-AIA first to invent provisions.
2. Claims 21-40 are pending.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 7/21/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
4. The drawings have been reviewed and are accepted as being in compliance with the provisions of 37 CFR 1.121.
Double Patenting
5. 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. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
6. Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. 11,372,877 and 1-20 of 11,762872, and 1-20 of US 12,277,128 Although the claims at issue are not identical, they are not patentably distinct from each other because, see table below:
19/072792
US 12,277,128
21. A computer-implemented method comprising: listening for a change event relating to first content displayed on a computing device; and
providing a companion experience relating to the first content, the companion experience involving: receiving the change event, the change event identifying a change to the first content displayed on the computing device; automatically obtaining second content based at least on the change to the first content identified by the change event; and displaying the second content on the computing device concurrently with the first content.
22. The computer-implemented method of claim 21, wherein the automatically obtaining the second content comprises performing a search for the second content based at least on the change to the first content identified by the change event.
23. The computer-implemented method of claim 22, wherein the first
content is displayed in a first graphical user interface element and the second
content is displayed in a second graphical user interface element.
24. The computer-implemented method of claim 23, wherein the first
graphical user interface element comprises a first window or sub-window and the second graphical user interface element comprises a second window or sub-window.
25. The computer-implemented method of claim 23, wherein the first content comprises a media item and the second content relates to a change to the
media item that occurs while the first content is being displayed in the first graphical user interface element.
26. The computer-implemented method of claim 25, wherein the change
event identifies a song that begins playing and the second content relates to the
song.
27. The computer-implemented method of claim 25, wherein the change
event identifies an actor that appears in the media item and the second content
relates to the actor.
28. The computer-implemented method of claim 23, wherein the first
content comprises a video game and the second content relates to a change to
the video game that occurs while the first content is being displayed in the first
graphical user interface element.
29. The computer-implemented method of claim 28, wherein the change event identifies a particular game level that is reached during video game play in
the first graphical user interface element and the second content relates to the
particular game level.
1. A method comprising:
displaying first content on a physical screen of a computing device;
and
initiating a companion experience relating to the first content, the companion experience involving: automatically conducting a search based on the first content
displayed on the physical screen of the computing device to obtain second content;
and displaying the second content obtained via the search in a frame or sub-window on the same physical screen of the computing device as the first content.
2. The method of claim 1, wherein the companion experience is initiated in response to user input.
3. The method of claim 1, wherein the companion experience is initiated automatically.
4. The method of claim 1, wherein the search is conducted using a search query associated with the first content.
5. The method of claim 4, further comprising: automatically sending the search query to a search engine supported by a web service; receiving search results related to the first content from the search engine in response to the search query, the second content comprising the search results; and rendering and updating the search results in the frame or sub-window on the physical screen as the first content is being rendered on the same physical screen.
6. The method of claim 5, further comprising: formulating the search query based on the first content.
7. The method of claim 5, wherein the search results include video relating to the first content
Therefore, it would have been obvious to one of ordinary skill in the art of data processing at the time the invention was made to modify the invention as claimed in the instance application by substituting listening, receiving the change event, the change event identifying a change to the first content; since an omission and addition of a cited limitation would have not changed the process according to which the method and system as claimed.
Therefore, the use of listening to a content would be an obvious variation in the art for the purpose of achieving the same end results having additional content that is renderable on the second screen and would not interfere with the functionality of the steps previously claimed and would perform the same function.
The dependent claims 22-40 are rejected for fully incorporating the errors of their respective base claims by dependency.
Claim Rejections - 35 USC § 102
7. 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 pre-AIA 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 –
(e) the invention was described in (1) an application for patent, published under section 122(b), by another filed in the United States before the invention by the applicant for patent or (2) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effects for purposes of this subsection of an application filed in the United States only if the international application designated the United States and was published under Article 21(2) of such treaty in the English language.
8. Claim(s) 21-40 is/are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Rosenblatt (US 2010/0082784).
As per Claim 21, Rosenblatt discloses:
A computer-implemented method comprising: listening for a change event relating to first content displayed on a computing device; (Par [0260], “Thus, the list items may be labeled, for example, "Radio Programming," "Current Audio," "Current Video," "Attached Speakers," and/or "Attached Video Display." Selecting the list item 802 labeled "Radio Programming" may enable the user to use a stream of radio data from the home theater receiver 786. Accordingly, the handheld device 40 may display a screen 804, as illustrated in FIG. 56C. A button 806, labeled "Listen on Handheld," may send the stream of radio data to the handheld device 40.” And see Figures 2-4 and Figures 33A-33E and 34, having a home theater sharing)
and providing a companion experience relating to the first content, the companion experience involving: receiving the change event, the change event identifying a change to the first content displayed on the computing device; (Par [0098], “The audio input structures 56 may be one or more microphones for receiving voice data from a user, and the audio output structure 58 may be a speaker for outputting audio data, such as data received by the handheld device 40 over a cellular network. In certain embodiments, an audio port 60 may facilitate peripheral audio input and output devices, such as headsets, speakers, or microphones for use with the handheld device 40. It should be appreciated that telephone functionality associated with the handheld device 40 may also include emitting a ringtone through the audio output structure 58, causing the handheld device 40 to vibrate, or changing images on the display to indicate an incoming phone call.” And see Figures 2-4, 10-12, 33A-33E and 34, having a home theater sharing) automatically obtaining second content based at least on the change to the first content identified by the change event; (Par [0237], “manufacturer of the DVR 607 or by other developers, as well as whether to automatically update the resource-sharing software plug-in. Among other options available via the button 630 may be a preferred scheme which may be automatically loaded when the button 618 is selected or when the resource-sharing operation 606 is undertaken.” And see Figures 10-12) and displaying the second content on the computing device concurrently with the first content. (Par [0209, “FIG. 33D illustrates a visually descriptive screen 470 displaying the list items 464 of available resource-sharing devices 94.See Figures 17-20).
As per Claim 22, the rejection of Claim 21 is incorporated and Rosenblatt further discloses: wherein the automatically obtaining the second content comprises performing a search for the second content based at least on the change to the first content identified by the change event. (Par [0237], “automatically update the resource-sharing software plug-in. Among other options available via the button 630 may be a preferred scheme which may be automatically loaded when the button 618 is selected or when the resource-sharing operation 606 is undertaken.”).
As per Claim 23, the rejection of Claim 22 is incorporated and Rosenblatt further discloses: wherein the first content is displayed in a first graphical user interface element and the second content is displayed in a second graphical user interface element. (Par [0081], “The user interface 20 may represent indicator lights and user input structures, but may also include a graphical user interface (GUI) on the display 18. In practice, the user interface 20 may operate via the CPU 12” and See Figures 53, and 54A- 58).
As per Claim 24, the rejection of Claim 21 is incorporated and Rosenblatt further discloses: wherein the first graphical user interface element comprises a first window or sub-window and the second graphical user interface element comprises a second window or sub-window. (Par [0081], “The user interface 20 may represent indicator lights and user input structures, but may also include a graphical user interface (GUI) on the display 18. In practice, the user interface 20 may operate via the CPU 12” and See Figures 53, and 54A- 58).
As per Claim 25, the rejection of Claim 23 is incorporated and Rosenblatt further discloses: wherein the first content comprises a media item and the second content relates to a change to the media item that occurs while the first content is being displayed in the first graphical user interface element. (Par [0102], “Turning to FIG. 3, a computer 62 may represent another embodiment of the electronic device 10 of FIG. 1. The computer 62 may be any computer, such as a desktop computer, a server, or a notebook computer, but may also be a standalone media player or video gaming machine” and par [0226], “The button 574 may appear first because the handheld device may be currently running an application that would benefit from sharing a video resource of the computer 62, such as the photo viewing application illustrated above in FIG. 40. If the user selects the button 574, a screen 578 may be displayed on the handheld device 40…”).
As per Claim 26, the rejection of Claim 21 is incorporated and Rosenblatt further discloses: wherein the change event identifies a song that begins playing and the second content relates to the song. (Par [0074], “a television may have a display for television video and speakers for television audio” and see Figures 2-4, 10-12, 33A-33E and 34, having a home theater sharing, the content is displayed including its information. And par [0079] and par [0149], “iTunes” use.).
As per Claim 27, the rejection of Claim 25 is incorporated and Rosenblatt further discloses: wherein the change event identifies an actor that appears in the media item and the second content relates to the actor. (Par [0074], “a television may have a display for television video and speakers for television audio” and see Figures 2-4, 10-12, 33A-33E and 34, having a home theater sharing; par [0079], and par [0222], “a resource-sharing scheme for using the resources of a television may enable video information to be sent to and displayed on the display of the television.”)
As per Claim 28, the rejection of Claim 23 is incorporated and Rosenblatt further discloses: wherein the first content comprises a video game and the second content relates to a change to the video game that occurs while the first content is being displayed in the first graphical user interface element. (Par [0098], “associated with the handheld device 40 may also include emitting a ringtone through the audio output structure 58, causing the handheld device 40 to vibrate, or changing images on the display to indicate an incoming phone call… and Par [0228], “FIG. 43 depicts a resource-sharing operation 384 between a handheld device 40, representing the resource-using device 92, and a game controller 84, representing a controller associated with the resource-sharing device 94, which may be a video game system or the standalone media player 68. The video game system or the standalone media player 68 may be running a video game configured to interact with the handheld device 40.”).
As per Claim 29, the rejection of Claim 28 is incorporated and Rosenblatt further discloses: wherein the change event identifies a particular game level that is reached during video game play in the first graphical user interface element and the second content relates to the particular game level. (Par [0014] FIG. 6 is a schematic of a video game controller for the standalone media player of FIG. 4 or a video game system” and par [0051], “FIG. 43 is a schematic of a resource-sharing operation for using the resources of a video game system” and par [0052]).
As per Claims 31-40, being the device and computer-readable storage media claims corresponding to the method claims 21-29 respectively and rejected under the same reason set forth in connection of the rejections of Claims 21-29 and further Rosenblatt discloses: (Par [0079]).
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Mandel; Edward W., US-20100114876-A1, relates to The sharing request module (102) is adapted to instantiate sharing selection module (104). In one embodiment, the user can select an icon in the web-browser (110) to signal the application that the user desires to share one or more search results.
KIM; Hansu, US-20100331082-A1, relates to MOBILE TERMINAL CAPABLE OF PROVIDING MULTIPLAYER GAME AND OPERATING METHOD OF THE MOBILE TERMINAL.
Ives; Stephen, US-20090012940-A1, relates to The log-in information and stream information is stored in a database for later use by the sharing engine. After the initial set-up, the sharing engine prompts a user to log-in so that stream information relevant to that user may be accessed by the sharing engine.
Dunko, Greg, US-20020183068-A1, relates to Two or more units sharing the same hop channel form a piconet, where one unit acts as a master--controlling traffic on the piconet--and the remaining units act as slaves.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELICA RUIZ whose telephone number is (571)270-3158. The examiner can normally be reached M-F 10:00 am to 6:00 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, Boris Gorney can be reached at (571) 270-5626. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANGELICA RUIZ/Primary Examiner, Art Unit 2154 January 10, 2010