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 .
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 1, 8, 15, 22, 29, and 36 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8, 15, 22, 29, and 36 of U.S. Patent No. 12,307,326. Although the claims at issue are not identical, they are not patentably distinct from each other because the features of the present claims are anticipated by the features of the parent patent claims.
Present Claims
1. A method comprising:
initiating an analysis of a video stream to be provided to a device, the analysis detecting an optically readable code presented at a display location throughout a set of video frames within the video stream;
initiating provision of the video stream to the device;
generating a communication that indicates the display location of the optically readable code detected by the analysis; and
controlling the device by providing the generated communication to the device, the provided communication causing the device to present an interactive region based on the display location of the optically readable code while the device presents the video stream, the presented interactive region being activatable to initiate an action based on the optically readable code.
U.S. Patent No. 12,307,326
1. A method comprising:
initiating, by one or more processors, an analysis of a video stream to be provided to a player device, the analysis being configured to detect an optically readable code depicted at a screen location throughout a set of video frames within the video stream;
initiating, by one or more processors, provision of the video stream to the player device during the analysis configured to detect the optically readable code within the video stream;
generating, by the one or more processors, a command to control the player device, the generated command indicating the screen location of the optically readable code detected by the analysis and depicted throughout the set of video frames within the video stream; and
controlling, by the one or more processors, the player device by providing the generated command to the player device, the provided generated command causing the player device to present an interactive region at the screen location of the optically readable code throughout the set of video frames that depict the optically readable code while the player device presents the video stream being provided to the player device, the presented interactive region being activatable to initiate an action based on the optically readable code depicted in the set of video frames.
Present Claims
8. A method comprising: accessing a video stream being provided by a server configured to detect an optically readable code presented at a display location throughout a set of video frames within the video stream; receiving, from the server, a communication that indicates the display location of the optically readable code within the video stream being provided by the server; and presenting, based on the received communication, an interactive region based on the display location of the optically readable code while presenting the accessed video stream, the presented interactive region being activatable to initiate an action based on the optically readable code.
U.S. Patent No. 12,307,326
8. A method comprising: accessing, by one or more processors, a video stream being provided by a video server configured to analyze the video stream and detect an optically readable code depicted at a screen location throughout a set of video frames within the video stream; receiving, by the one or more processors, a command generated by the video server, the received command indicating the screen location of the optically readable code depicted throughout the set of video frames within the video stream being provided by the video server; and presenting, by the one or more processors and in response to the received command, an interactive region at the screen location of the optically readable code throughout the set of video frames that depict the optically readable code while presenting the accessed video stream that is being provided by the video server, the presented interactive region being activatable to initiate an action based on the optically readable code depicted in the set of video frames.
Present Claims
15. A non-transitory machine-readable storage medium comprising instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising: initiating an analysis of a video stream to be provided to a device, the analysis detecting an optically readable code presented at a display location throughout a set of video frames within the video stream; initiating provision of the video stream to the device; generating a communication that indicates the display location of the optically readable code detected by the analysis; and controlling the device by providing the generated communication to the device, the provided communication causing the device to present an interactive region based on the display location of the optically readable code while the device presents the video stream, the presented interactive region being activatable to initiate an action based on the optically readable code.
U.S. Patent No. 12,307,326
15. A non-transitory machine-readable storage medium comprising instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising: initiating an analysis of a video stream to be provided to a player device, the analysis being configured to detect an optically readable code depicted at a screen location throughout a set of video frames within the video stream; initiating provision of the video stream to the player device during the analysis configured to detect the optically readable code within the video stream; generating a command to control the player device, the generated command indicating the screen location of the optically readable code detected by the analysis and depicted throughout the set of video frames within the video stream; and controlling the player device by providing the generated command to the player device, the provided generated command causing the player device to present an interactive region at the screen location of the optically readable code throughout the set of video frames that depict the optically readable code while the player device presents the video stream being provided to the player device, the presented interactive region being activatable to initiate an action based on the optically readable code depicted in the set of video frames.
Present Claims
22. A non-transitory machine-readable storage medium comprising instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising: accessing a video stream being provided by a server configured to detect an optically readable code presented at a display location throughout a set of video frames within the video stream; receiving, from the server, a communication that indicates the display location of the optically readable code within the video stream being provided by the server; and presenting, based on the received communication, an interactive region based on the display location of the optically readable code while presenting the accessed video stream, the presented interactive region being activatable to initiate an action based on the optically readable code.
U.S. Patent No. 12,307,326
22. A non-transitory machine-readable storage medium comprising instructions that, when executed by one or more processors of a machine, cause the machine to perform operations comprising: accessing a video stream being provided by a video server configured to analyze the video stream and detect an optically readable code depicted at a screen location throughout a set of video frames within the video stream; receiving a command generated by the video server, the received command indicating the screen location of the optically readable code depicted throughout the set of video frames within the video stream being provided by the video server; and presenting, in response to the received command, an interactive region at the screen location of the optically readable code throughout the set of video frames that depict the optically readable code while presenting the accessed video stream that is being provided by the video server, the presented interactive region being activatable to initiate an action based on the optically readable code depicted in the set of video frames.
Present Claims
29. A system comprising: one or more processors; and a memory storing instructions that, when executed by at least one processor among the one or more processors, cause the system to perform operations comprising: initiating an analysis of a video stream to be provided to a device, the analysis detecting an optically readable code presented at a display location throughout a set of video frames within the video stream; initiating provision of the video stream to the device; generating a communication that indicates the display location of the optically readable code detected by the analysis; and controlling the device by providing the generated communication to the device, the provided communication causing the device to present an interactive region based on the display location of the optically readable code while the device presents the video stream, the presented interactive region being activatable to initiate an action based on the optically readable code.
U.S. Patent No. 12,307,326
29. A system comprising: one or more processors; and a memory storing instructions that, when executed by at least one processor among the one or more processors, cause the system to perform operations comprising: initiating an analysis of a video stream to be provided to a player device, the analysis being configured to detect an optically readable code depicted at a screen location throughout a set of video frames within the video stream; initiating provision of the video stream to the player device during the analysis configured to detect the optically readable code within the video stream; generating a command to control the player device, the generated command indicating the screen location of the optically readable code detected by the analysis and depicted throughout the set of video frames within the video stream; and controlling the player device by providing the generated command to the player device, the provided generated command causing the player device to present an interactive region at the screen location of the optically readable code throughout the set of video frames that depict the optically readable code while the player device presents the video stream being provided to the player device, the presented interactive region being activatable to initiate an action based on the optically readable code depicted in the set of video frames.
Present Claims
36. A system comprising: one or more processors; and a memory storing instructions that, when executed by at least one processor among the one or more processors, cause the system to perform operations comprising: accessing a video stream being provided by a server configured to detect an optically readable code presented at a display location throughout a set of video frames within the video stream; receiving, from the server, a communication that indicates the display location of the optically readable code within the video stream being provided by the server; and presenting, based on the received communication, an interactive region based on the display location of the optically readable code while presenting the accessed video stream, the presented interactive region being activatable to initiate an action based on the optically readable code.
U.S. Patent No. 12,307,326
36. A system comprising: one or more processors; and a memory storing instructions that, when executed by at least one processor among the one or more processors, cause the system to perform operations comprising: accessing a video stream being provided by a video server configured to analyze the video stream and detect an optically readable code depicted at a screen location throughout a set of video frames within the video stream; receiving a command generated by the video server, the received command indicating the screen location of the optically readable code depicted throughout the set of video frames within the video stream being provided by the video server; and presenting, in response to the received command, an interactive region at the screen location of the optically readable code throughout the set of video frames that depict the optically readable code while presenting the accessed video stream that is being provided by the video server, the presented interactive region being activatable to initiate an action based on the optically readable code depicted in the set of video frames.
Allowable Subject Matter
Claims 1, 8, 15, 22, 29, and 36 are rejected above but are indicated as allowable subject matter with respect to the prior art.
Claims 2-7, 9-14, 16-21, 23-28, 30-35, and 37-42 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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:
The most relevant prior art Choi et al. (US 2023/0209102 A1) discloses a method of an electronic apparatus receiving a request to record first content; based on the first content being able to be output in a multi-view, obtaining Multiview information and storing the multi-view information with the first content.
In Fig 4 and [0134-139] an embodiment discloses a multi-view identifier may be in the form of a QR code included in the image. The electronic apparatus may detect the specific location of an image output on a screen thus detecting a QR code or barcode and may store information about the second content.
In Fig 5 and [0140-144] Choi further discloses when the apparatus detects a multi-view identifier for the first content the electronic apparatus may notify a user through a pop-up screen that the user may watch the first content. A user may select an OK button to convert the single-view mode to a multi-view mode
With respect to the independent claims Choi discloses detecting "an optically readable code presented at a display location throughout a set of video frames within the video stream" and "causing a device to present an interactive region based on the display location of the optically readable code while the device presents the video stream, the presented interactive region being activatable to initiate an action based on the optically readable code ".
The prior art, however, fails to disclose "initiating an analysis of a video stream to be provided to a device, the analysis detecting an optically readable code presented at a display location throughout a set of video frames within the video stream;
initiating provision of the video stream to the device; generating a communication that indicates the display location of the optically readable code detected by the analysis;
generating, by the one or more processors, a command to control the player device, the generated command indicating the screen location of the optically readable code detected by the analysis and depicted throughout the set of video frames within the video stream; and
controlling the device by providing the generated communication to the device, the provided communication causing the device to present an interactive region based on the display location of the optically readable code while the device presents the video stream, the presented interactive region being activatable to initiate an action based on the optically readable code."; and
the prior art also fails to disclose "accessing a video stream being provided by a server configured to detect an optically readable code presented at a display location throughout a set of video frames within the video stream; receiving, from the server, a communication that indicates the display location of the optically readable code within the video stream being provided by the server; and presenting, based on the received communication, an interactive region based on the display location of the optically readable code while presenting the accessed video stream, the presented interactive region being activatable to initiate an action based on the optically readable code."
The method, system, and non-transitory machine-readable storage mediums of claims 1, 8, 15, 22, 29, and 36 share similar claim limitations and rationale for reasons for allowance are applicable to all of the independent claims
The prior art fails to disclose or fairly suggest, alone or in combination, all of the features of independent claims 1, 8, 15, 22, 29, and 36.
The relevant prior art discloses:
Gaede et al. (US9,280,515 B2) discloses a method for receiving additional content information represented by a QR code extracted by a consumer's QR reader device from a media presentation containing the QR code. The QR code is generated by a source of the media presentation. A location of alternate content from a captive environment related to the additional content information is identified. The location of the alternate content may be identified based upon the decoded information from the QR code. The location of the alternate content is transmitted to the QR reader device.
Finlow-Bates et al. (US 2015/0014417 A1) discloses systems and methods employing embedded barcodes to convey supplemental information about an image, for example a motion picture. In some systems the barcodes may be subliminal because they are spliced, physically or digitally, into a movie frame shown too briefly to be consciously detectable to the human eye, but still detectable by camera sensors. Other described systems may display the barcodes in infrared or ultraviolet light, which is outside of the visible spectrum of light perceived by the human eye, but still detectable by camera sensors.
Afentakis (US 2014/0173657 A1) discloses an Auxiliary Electronic Program Guide (AEPG) television system with a receiver having a network interface to accept broadcast channel information, including programs with visual content and Electronic Program Guide (EPG) information describing the programs. The receiver converts selected programs into display data supplied at a display interface. A display has an input to accept the display data and a screen to present images for the selected channels. An auxiliary module converts the EPG information into a code signal representing the EPG information. A user interface (e.g., the display screen) supplies the code signal to a remote device. For example, the auxiliary module converts the EPG information into code signal enabled as a compact code image, and the display screen presents the compact code as an image. In one aspect, the compact code image is a 2D barcode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO ALCON whose telephone number is (571)270-5668. The examiner can normally be reached Monday-Friday, 9:00am-7:00pm.
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, Brian Pendleton can be reached at (571)272-7527. 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.
FERNANDO . ALCON
Examiner
Art Unit 2425
/FERNANDO ALCON/Primary Examiner, Art Unit 2425
Prosecution Insights