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 .
Miscellaneous
Claims pending: 1-20
Claims amended: n/a
Claims cancelled: n/a
New claims: 1-20
Double Patenting
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 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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-application-process/applying-online/eterminal-disclaimer
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,289,494 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
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:
Application's Claim(s) 1, (11, 19 similarly) claim: a computing system comprising: a processor; and a non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by the processor, cause performance of a set of operations comprising: generating training data based on first data from a meter connected to a first smart television and second data collected by an automatic content recognition (ACR) server in communication with the first smart television and a second smart television, wherein the smart television is coupled to the meter that is configured to prompt an unidentified audience member about an identification of the unidentified audience member when the meter detects a change in a state of the smart television, wherein the second data includes a type of disconnect being at least one of a shut-off event or a disconnect-event, and wherein the second data further includes network disconnect data having a number of disconnects from a respective wireless network for the first smart television and the second smart television; labeling the training data as in-tab or out-of-tab based on the first data and the second data indicative of the type of disconnect and whether the first smart television and the second smart television were connected to the wireless network; and training a model based on the training data, to determine a tab status for a third smart television different than the first smart television and the second smart television. ….. On the other hand, Patent No. 12,289,494 Claims 1, (9 similarly) claims a computing system comprising: a processor; and a non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by the processor, cause performance of a set of operations comprising: generating training data based on first data from a panelist meter connected to a first smart television and second data collected by an automatic content recognition (ACR) server in communication with the first smart television and a second smart television, wherein the second data includes a type of disconnect being at least one of a shut-off event or a disconnect-event, wherein the shut-off event comprises one of a turn-off event, a loss-of-power event, or another shut-off event, wherein the disconnect-event comprises one of a loss-of-network event, technical problem event, or another disconnect-event, and wherein the second data further includes network disconnect data having a number of disconnects from a respective wireless network for the first smart television and the second smart television; labeling the training data as in-tab or out-of-tab based on the first data and the second data indicative of the type of disconnect and whether the first smart television and the second smart television were connected to the wireless network; and training a model based on the training data, to determine a tab status for a third smart television different than the first smart television and the second smart television.
Claims 1-20 of the instant application is fully encompassed by the combination of Claims 1-16 except for “…wherein the smart television is coupled to the meter that is configured to prompt an unidentified audience member about an identification of the unidentified audience member when the meter detects a change in a state of the smart television,…” features of the instant application, claims 1-16 is silent to “…wherein the smart television is coupled to the meter that is configured to prompt an unidentified audience member about an identification of the unidentified audience member when the meter detects a change in a state of the smart television,…”. (US20170374415) to (Copper) discloses the meter 102 collects audience identification data by periodically or a periodically prompting audience members in the monitored media presentation environment 104 to identify themselves as present in the audience. In some examples, the meter 102 responds to predetermined events (e.g., when the media device 110 is turned on, a channel is changed, an infrared control signal is detected, etc.) by prompting the audience member(s) to self-identify. (P. 43) .Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify Patent No. 12,289,494 by wherein the smart television is coupled to the meter that is configured to prompt an unidentified audience member about an identification of the unidentified audience member when the meter detects a change in a state of the smart television, as taught by Copper in order to efficiently monitor exposure to advertisements, determine advertisement effectiveness, determine user behavior, identify purchasing behavior associated with various demographics, etc. Allowance of application claims 1-20 would result in an unjustified time- wise extension of the monopoly granted for the invention defined by patented claims 1-16.
Therefore, obviousness-type double patenting is appropriate.
http://www.uspto.gov/patents-application-process/applying-online/eterminal-disclaimer
Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19-20 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
For claim 19, the claimed “…prompt an audience member about an identification of the audience member when the meter detects a change in a state of the smart television,…”, however independent claims 1, and 11, both recite “…prompt an unidentified audience member about an identification of the unidentified audience member when the meter detects a change in a state of the smart television,…”.
Further action is required.
Allowable Subject Matter
Claims 1-20 can be allowed if the above rejects cane be overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONG LE whose telephone number is (571)270-7637. The examiner can normally be reached M-F (9 am - 6pm).
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, Nathan Flynn can be reached at 5712721915. 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.
/RONG LE/Primary Examiner, Art Unit 2421
Prosecution Insights