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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings were received on 03/04/2026. These drawings are acceptable.
The drawings filed 03/04/2026 are objected to because:
In Fig. 9, S105 says “CALCULATE EVALUATE VALUES”. The Examiner suggests -- CALCULATE EVALUATION[[E]] VALUES -- for consistency with “EVALUATION VALUE” in S108.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The SPEC amendment filed 03/04/2026 has been entered.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites “skip a selection of the moving image data piece to be selected next” in the last line. This contradicts itself. If a moving image data piece is skipped, then it is unclear in what sense said moving image data piece might be construed as “to be selected next”. The Examiner suggests -- skip a selection of the moving image data piece designated to be selected next according to said predetermined order --.
Allowable Subject Matter
Claims 1-7 and 9-15 are allowed.
Claim 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding independent claim 1 and its dependent claims: The prior art of record neither shows nor suggests “dynamically change a length of a selection period during which the currently selected moving image data piece is output to the external distribution system, based on (i) a temporal change in each of at least two of the plurality of moving image data pieces and (ii) one or more temporal changes in viewing-related information related to viewing of the currently selected moving image data piece”.
Regarding independent claim 12: The prior art of record neither shows nor suggests “based on (i) a temporal change in each of at least two of the plurality of moving image data pieces and (ii) one or more temporal changes in viewing-related information related to viewing of the currently selected moving image data piece, dynamically changing a length of a selection period during which the currently selected moving image data piece is output to the external distribution system”.
Regarding independent claim 13: The prior art of record neither shows nor suggests “based on (i) a temporal change in each of at least two of the plurality of moving image data pieces and (ii) one or more temporal changes in viewing-related information related to viewing of the currently selected moving image data piece, dynamically changing a length of a selection period during which the currently selected moving image data piece is output to the external distribution system”.
Response to Arguments
Applicant’s arguments have been fully considered and are persuasive, except as noted below.
Although the replacement drawings filed 03/04/2026 have been entered, an objection to Fig. 9 appears above.
Claim 8 is indefinite as described above.
Conclusion
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Julie Anne Watko whose telephone number is (571)272-7597. The examiner can normally be reached Monday-Tuesday 9AM-5PM, Wednesday 10:30AM-5PM, Thursday-Friday 9AM-5PM, and occasional Saturdays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ke Xiao can be reached at 571-272-7776. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
JULIE ANNE WATKO
Primary Examiner
Art Unit 2627
/Julie Anne Watko/Primary Examiner, Art Unit 2627
04/28/2026
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