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 52-71 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Angiolillo et al. (US Pat. No. 9, 154, 842 hereinafter referred as Angiolillo).
Regarding claim 52, Angiolillo discloses a method comprising:
storing identifications of a plurality of play positions of a media asset (see col. 4 lines 52-61 list of playback speeds customizable to include a few intervals of speeds; see figure 1, database 124 and 126);
receiving a user interface input to perform a fast-access play operation while the media asset is generated for display on a user device (see figures 8-9 and col. 7 lines 4-9);
slowing down the fast-access play operation from a first rate to a second rate, without user interface input to slow down the fast-access play operation, while a current fast-access play position of the media asset is within a threshold distance from any play position of the plurality of play positions (see col. 3 lines 65-67 automatic playback is implemented once the speed is selected; see col. 4 lines 31-43 playback speeds may be continuously variable, slow down as one nearing the end, for example); and
based at least in part on determining a subsequent user interface input to terminate the fast- access play operation was not received, increasing the fast-access play operation from the second rate to the first rate (see col. 3 lines 65-67 automatic playback is implemented (see col. 7 lines 12-21 setting a speed based on user selection command; the media control station perform the function based on the selected speed or interval; see col. 3 lines 65-67 automatic playback is implemented once the speed is selected; see also col. 8 lines 59-col. 9 line 7 a previously selected speed is stored in one or more databases and may be used for future retrieval; see col. 7 lines 60-col. 8 line 1; depending on what and how fast or slow the media control station was previously performing a function, the media controls station retrieves this information to appropriately correct for the overshoot; the interval skipped forward or skipped backward is not constant; see also col. 8 lines 29-58).
Regarding claim 53, Angiolillo discloses the fast-access play operation includes at least one of rewinding, fast-forwarding, and skipping segments (see col.2 lines 58-64).
Regarding claim 54, Angiolillo discloses the threshold distance for slowing down the fast-access play operation from the first rate to the second rate from the any play position of the plurality of play positions wherein the method further comprises: determining a number of frames being skipped per second based on the second rate; multiplying the number of frames being skipped per second by a predetermined duration to determinate a fast-access buffer amount; and computing the threshold distance based on a function of the fast-access buffer amount (see col. 5 lines 28-34 and lines 48-59 and col. 7 line 41-col. 8 line 1).
Regarding claim 55, Angiolillo discloses the threshold distance is proportional to a rate of the fast-access play operation (see col. 4 lines 31-43 and col. 7 line 42-col. 8 line 1).
Regarding claim 56, Angiolillo discloses the threshold distance is selected from one of a plurality of threshold distances, further comprising: determining a duration of the media asset; partitioning the media asset duration into a plurality of segments; associating a first threshold distance of the plurality of threshold distances with a first segment of the plurality of segments; and associating a second threshold distance of the plurality of threshold distances with a second segment of the plurality of segments, wherein the second threshold distance is less than the first threshold distance (see col. 3 lines 52-67; col. 7 line 42-col. 8 line 1 and lines 29-58).
Regarding claim 57, Angiolillo discloses the first segment corresponds to an earlier play position than a play position of the second segment (see col. 2 line 58-col. 3 line 7 and col. 6 line 66-col. 7 line 15).
Regarding claim 58, Angiolillo discloses the slowing down the fast-access play operation from the first rate to the second rate is for a predetermined duration (see col. 4 lines 31-43 and col. 7 line 64-col. 8 line 1).
Regarding claim 59, Angiolillo discloses the predetermined duration is based on a type of media asset being consumed (see col. 8 lines 44-58).
Regarding claim 60, Angiolillo discloses the identifications of the plurality of play positions of the media asset are based on user interactions with the media asset (see col. 8 lines 29-58).
Regarding claim 61, Angiolillo discloses the subsequent user interface input to terminate the fast-access play operation is determined not to be received within the threshold distance from the any play position of the plurality of play positions within the media asset (see col. 3 lines 63-67 and col. 7 line 60-col. 8 line 28).
Regarding claim 62, the limitation of claim 62 can be found in claim 52. Therefore, claim 62 is analyzed and rejected for the same reasons as discussed in claim 52 above. It is also noted that Angiolillo discloses control circuitry (see figures 1 and 2 and col. 2 lines 28-36).
Claims 63-71 are rejected for the same reasons as discussed in claims 53-61 respectively above.
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.
Claims 52-71 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10701447. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons set forth below.
Regarding claim 52, the Patent application claim 1 recites a method for performing fast-access playback operations, the method comprising: monitoring user interactions with a media asset while the user is accessing the media asset; identifying a plurality of play positions within the media asset that is each associated with one of the monitored user interactions; storing, based on the monitored user interactions, a viewing history that includes the identified plurality of play positions within a media asset; receiving a user request to perform a fast-access playback operation while accessing the media asset; performing the fast-access playback operation at a first rate; computing a threshold distance for slowing down the fast-access playback operation based on a second rate; and while performing the fast-access playback operation: comparing a current fast-access playback position, as adjusted based on the threshold distance, with each of the plurality of play positions stored in the viewing history; determining whether the current fast-access playback position, as adjusted based on the threshold distance, overlaps a given one of the plurality of play positions stored in the viewing history; while the current fast-access playback position, as adjusted based on the threshold distance, overlaps the given play position, setting a value indicating a need to slow down the fast-access playback operation; and slowing down the fast-access playback operation from the first rate to the second rate while the value indicating the need to slow down the fast-access playback operation is set.
Regarding claim 53, the Patent application claim 3 recites the limitation of claim 53.
Regarding claim 54, the Patent application claim 8 recites the limitation of claim 54.
Regarding claim 55, the Patent application claim 4 recites the limitation of claim 55.
Regarding claim 56, the Patent application claim 5 recites the limitation of claim 56.
Regarding claim 57, the Patent application claim 6 recites the limitation of claim 57.
Regarding claim 58, the Patent application claim 9 recites the limitation of claim 58.
Regarding claim 59, the Patent application claim 9 recites the limitation of claim 59.
Regarding claim 60, the Patent application claim 1 recites the limitation of claim 60.
Regarding claim 61, the Patent application claim 1 recites the limitation of claim 61.
Regarding claim 62, the Patent application claim 12 recites a system for performing fast-access playback operations, the system comprising: control circuitry configured to: monitor user interactions with a media asset while the user is accessing the media asset; identify a plurality of play positions within the media asset that is each associated with one of the monitored user interactions; store, based on the monitored user interactions, a viewing history that includes the identified plurality of play positions within a media asset; receive a user request to perform a fast-access playback operation while accessing the media asset; perform the fast-access playback operation at a first rate; compute a threshold distance for slowing down the fast-access playback operation based on a second rate; and while performing the fast-access playback operation: compare a current fast-access playback position, as adjusted based on the threshold distance, with each of the plurality of play positions stored in the viewing history; determine whether the current fast-access playback position, as adjusted based on the threshold distance, overlaps a given one of the plurality of play positions stored in the viewing history; while the current fast-access playback position, as adjusted based on the threshold distance, overlaps the given play position, set a value indicating a need to slow down the fast-access playback operation; and slow down the fast-access playback operation from the first rate to the second rate while the value indicating the need to slow down the fast-access playback operation is set.
Regarding claim 63, the Patent application claim 14 recites the limitation of claim 63.
Regarding claim 64, the Patent application claim 19 recites the limitation of claim 64.
Regarding claim 65, the Patent application claim 15 recites the limitation of claim 65.
Regarding claim 66, the Patent application claim 16 recites the limitation of claim 66.
Regarding claim 67, the Patent application claim 17 recites the limitation of claim 67.
Regarding claim 68, the Patent application claim 20 recites the limitation of claim 68.
Regarding claim 69, the Patent application claim 20 recites the limitation of claim 69.
Regarding claim 70, the Patent application claim 12 recites the limitation of claim 70.
Regarding claim 71, the Patent application claim 12 recites the limitation of claim 71.
Claims 52-71 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12294766. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons set forth below.
Regarding claim 52, the Patent application claim 1 recites a method for performing fast-access playback operations, the method comprising: storing a viewing history that includes a plurality of play positions within a media asset that are associated with user interactions; receiving a user request from a user device to perform a fast-access playback operation while accessing the media asset; based on determining that the user of the user device has requested fast-access playback operation at a first rate, while performing the fast-access playback operation at the first rate: determining whether a current fast-access playback position within the media asset is within a threshold distance from a given one of the plurality of play positions within the media asset and stored in the viewing history, wherein the determining is not based on concurrent play speed or play position of devices other than the user device; and in response to determining that the current fast-access playback position within the media asset is within the threshold distance from the given play position within the media asset: slowing down the fast-access playback operation from the first rate to a second rate, without user interface input requesting slowing down of play of the media asset, while the current fast-access playback position of the media asset is within the threshold distance from the given play position within the media asset, wherein the slowing down is performed only when the user requested fast-access playback operation is being performed, wherein the first and second rates are faster than a standard play rate.
Regarding claim 53, the Patent application claim 4 recites the limitation of claim 53.
Regarding claim 54, the Patent application claim 9 recites the limitation of claim 54.
Regarding claim 55, the Patent application claim 5 recites the limitation of claim 55.
Regarding claim 56, the Patent application claim 6 recites the limitation of claim 56.
Regarding claim 57, the Patent application claim 7 recites the limitation of claim5 57.
Regarding claim 58, the Patent application claim 2 recites the limitation of claim 58.
Regarding claim 59, the Patent application claim 2 recites the limitation of claim 59.
Regarding claim 60, the Patent application claim 1 recites the limitation of claim 60.
Regarding claim 61, the Patent application claim 1 recites the limitation of claim 60.
Regarding claim 62, the Patent application claim 12 recites a system for performing fast-access playback operations, the system comprising: control circuitry configured to: store a viewing history that includes a plurality of play positions within a media asset that are associated with user interactions; receive a user request from a user device to perform a fast-access playback operation while accessing the media asset; based on determining that the user of the user device has requested fast-access playback operation at a first rate, while performing the fast-access playback operation at the first rate: determining whether a current fast-access playback position within the media asset is within a threshold distance from a given one of the plurality of play positions within the media asset and stored in the viewing history, wherein the determining is not based on concurrent play speed or play position of devices other than the user device; and in response to determining that the current fast-access playback position within the media asset is within the threshold distance from the given play position within the media asset: slow down the fast-access playback operation from the first rate to the second rate, without user interface input requesting slowing down of play of the media asset, while the current fast-access playback position of the media asset is within the threshold distance from the given play position within the media asset, wherein the slowing down is performed only when the user requested fast-access playback operation is being performed, wherein the first and second rates are faster than a standard play rate.
Regarding claim 63, the Patent application claim 13 recites the features of claim 63.
Regarding claim 64, the Patent application claim 17 recites the limitation of claim 64.
Regarding claim 65, the Patent application claim 14 recites the limitation of claim 65.
Regarding claim 66, the Patent application claim 15 recites the limitation of claim 66.
Regarding claim 67, the Patent application claim 18 recites the limitation of claim 67.
Regarding claim 68, the Patent application claim 13 recites the limitation of claim 68.
Regarding claim 69, the Patent application claim 13 recites the limitation of claim 69.
Regarding claim 70, the Patent application claim 20 recites the limitation of claim 70.
Regarding claim 71, the Patent application claim 12 recites the limitation of claim 71.
Conclusion
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/HELEN SHIBRU/ Primary Examiner, Art Unit 2484
