DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This action is in response to amendment filed on 6/10/2026, in which claims 2, 9, and 16 were amended and claims 2 - 21 was presented for further examination.
3. Claims 2 – 21 are pending in the application.
Response to Arguments
4. Applicant’s arguments with respect to claims 2 - 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Remarks
5. As per amended claim 2, applicant argues in substance in pages 11 – 12 that Schrempp et al (US 2003/0033321 A1), and Gordon (US 2017/0094351 A1) does not disclose receiving a signal corresponding to media being presented by a display
Device, dividing the signal into a plurality of media segments, overlapping the plurality of media segments, performing autocorrelation on the overlapped media segments to obtain a plurality of coefficients corresponding to the plurality of media segments, receiving an unknown cue corresponding to a coefficient of an unknown media segment of the plurality of media segments.
In response to applicants’ argument, Examiner respectfully responds that Hardwick et al (US 2015/0340045 A1), Schrempp et al (US 2003/0033321 A1), and Gordon (US 2017/0094351 A1) discloses each and every features of amended claim 2 including the features receiving a signal corresponding to media being presented by a display
Device, dividing the signal into a plurality of media segments, overlapping the plurality of media segments, performing autocorrelation on the overlapped media segments to obtain a plurality of coefficients corresponding to the plurality of media segments, receiving an unknown cue corresponding to a coefficient of an unknown media segment of the plurality of media segments (Hardwick: para.[0011]).
Hardwick discloses conveyance of information over an audio channel (see para.[0010]). Modulating an audio signal by segmenting the audio signal into overlapping time segment using a non-rectangular analysis window function produce a windowed audio signal. The windowed audio signal for a time segment is processed to produce frequency coefficients, selecting and mapping the frequency coefficient to produce a modulated signal (see para.[0011]).
Thus, the rejection is maintained.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
6. Claims 2 – 21 are rejected under 35 U.S.C. 103 as being unpatentable over Hardwick et al (US 2015/0340045 A1), in view of Schrempp et al (US 2003/0033321 A1), and further in view of Gordon (US 2017/0094351 A1).
As per claim 1, Hardwick et al (US 2015/0340045 A1) discloses,
A computer-implemented method comprising: receiving a signal corresponding to media being presented by a display device (para.[0011]; “conveying information using an audio channel includes modulating an audio signal to produce a modulated signal”).
dividing the signal into a plurality of media segments (para.[0011]; “Modulating the audio signal includes segmenting the audio signal”).
overlapping the plurality of media segments (para.[0011]; “para.[0011]; “Modulating the audio signal includes segmenting the audio signal into overlapping time segments”).
performing autocorrelation on the overlapped media segments to obtain a plurality of coefficients corresponding to the plurality of media segments (para.[0011]; “processing the windowed audio signal for a time segment to produce frequency coefficients representing the windowed time segment and having phase values and magnitude values”).
Hardwick does not discloses receiving an unknown cue corresponding to a coefficient of an unknown media segment of the plurality of media segments, identifying, from a multi-dimensional database, a matching cue corresponding to a known media segment based on a distance between the unknown cue and the matching cue; identifying an alternative media segment based on the known media segment; and transmitting a trigger signal to the display device.
However, Schrempp et al (US 2003/0033321 A1) in an analogous art discloses,
receiving an unknown cue corresponding to a coefficient of an unknown media segment of the plurality of media segments (para.[0009]; “receiving broadcast signals and providing the signals to an analysis and lookup module …… identify the content of the received signal” and para.[0070]; “identifying new media content …..receive an unidentified segment”).
identifying, from a multi-dimensional database, a matching cue corresponding to a known media segment based on a distance between the unknown cue and the matching cue (para.[0009]; “identify the content of the received signal by comparing its audio content against a database 108 of reference representations of known
works” and para.[0071]; “a wide variety of similarity measurement techniques may be used, such as those used to identify segments as disclosed above. For example, a threshold for similarity may comprise the vector distance between unidentified
segments”).
identifying an alternative media segment based on the known media segment (para.[0011]; “receive information such as the titles of identified songs from the one or more detection modules 102 through a network such as the Internet 109 and generate a playlist which may be stored on database”).
and transmitting a trigger signal to the display device (para.0054]; “trigger the transmission of representations. …….. such a trigger may comprise the initialization of a
connection to a network, or the activation of media playing software or hardware”).
Therefore, it would have been obvious to one of ordinary skill in the art before the invention was filed to incorporate the process of identifying similar segment of the system of Schrempp into modulation of audio signal of the Hardwick for automatic identification of new media.
Neither Hardwick nor Schrempp specifically disclose the trigger signal causing the display device to replace a subsequent media segment to be presented by the display device with the alternative media segment.
However, Gordon (US 2017/0094351 A1) in an analogous art discloses,
the trigger signal causing the display device to replace a subsequent media segment to be presented by the display device with the alternative media segment (para.[0145]; “the fingerprint matching module 431 in the Content Replacement System 110 performs additional steps to identify the media content associated with the fingerprint received from the Media System”, and para.[0177]; “fingerprint is compared with a corresponding fingerprint for the identified sequence of media content. If the strong fingerprint matches, then the match is verified, and the replacement media content is sent to the Media System”).
Therefore, it would have been obvious to one of ordinary skill in the art before the invention was filed to incorporate replacement media content of the system of Gordon into identification of the unknown media content of the system of Schrempp to select additional content for replacing display media content, thereby enabling display of information related to the media content.
As per claim 3, the rejection of claim 2 is incorporated and further Schrempp et al (US 2003/0033321 A1) discloses,
wherein the unknown cue is derived from an audio component of the unknown media segment (para.[0049]; “analyze a wide variety of content, including analog radio or video, digital streaming audio or video, VHS tape, audio cassette tape or any other media”).
Therefore, it would have been obvious to one of ordinary skill in the art before the invention was filed to incorporate replacement media content of the system of Gordon into identification of the unknown media content of the system of Schrempp to select additional content for replacing display media content, thereby enabling display of information related to the media content.
As per claim 4, the rejection of claim 2 is incorporated and further Schrempp et al (US 2003/0033321 A1) discloses,
wherein the unknown cue is derived from a video component of the unknown media segment (para.[0049]; “analyze a wide variety of content, including analog radio or video, digital streaming audio or video, VHS tape, audio cassette tape or any other media”).
Therefore, it would have been obvious to one of ordinary skill in the art before the invention was filed to incorporate replacement media content of the system of Gordon into identification of the unknown media content of the system of Schrempp to select additional content for replacing display media content, thereby enabling display of information related to the media content.
As per claim 5, the rejection of claim 2 is incorporated and further Schrempp et al (US 2003/0033321 A1) discloses,
wherein identifying the unknown media segment includes: detecting one or more media alterations associated with the unknown media segment (claim 12; “representation includes an indication of significant of changes in media signal content”).
and identifying the unknown media segment by comparing one or more coefficients of the unknown media segment to known coefficients associated with known media segments stored in a reference database (para.[0009]; “identify the content of the received signal by comparing its audio content against a database 108 of reference representations of known works” and para.[0036]; “the module 202 may use audio or video spectral or wavelet representation …… representation may comprise a bit calculated key using any of the techniques as are known in the art such as MDS hash and CRC”)
wherein the reference database is different from the multi-dimensional database (claim 39; “reference samples from a reference database”).
Therefore, it would have been obvious to one of ordinary skill in the art before the invention was filed to incorporate replacement media content of the system of Gordon into identification of the unknown media content of the system of Schrempp to select additional content for replacing display media content, thereby enabling display of information related to the media content.
As per claim 6, the rejection of claim 5 is incorporated and further Schrempp et al (US 2003/0033321 A1) discloses,
wherein the one or more media alterations include an on-screen graphic (claim 12; “representation includes an indication of significant of changes in media signal content”).
Therefore, it would have been obvious to one of ordinary skill in the art before the invention was filed to incorporate replacement media content of the system of Gordon into identification of the unknown media content of the system of Schrempp to select additional content for replacing display media content, thereby enabling display of information related to the media content.
As per claim 7, the rejection of claim 2 is incorporated and further Gordon (US 2017/0094351 A1) discloses,
wherein the trigger signal is configured to cause the alternative media segment to be presented over the media being presented by a display device (para.[0145]; “the fingerprint matching module 431 in the Content Replacement System 110 performs additional steps to identify the media content associated with the fingerprint received from the Media System”, and para.[0177]; “fingerprint is compared with a corresponding fingerprint for the identified sequence of media content. If the strong fingerprint matches, then the match is verified, and the replacement media content is sent to the Media System”).
. Therefore, it would have been obvious to one of ordinary skill in the art before the invention was filed to incorporate replacement media content of the system of Gordon into identification of the unknown media content of the system of Schrempp to select additional content for replacing display media content, thereby enabling display of information related to the media content.
As per claim 8, the rejection of claim 2 is incorporated and further Gordon (US 2017/0094351 A1) discloses,
wherein the trigger signal is configured to cause the alternative media segment to replace a portion of the unknown media segment (para.[0145]; “the fingerprint matching module 431 in the Content Replacement System 110 performs additional steps to identify the media content associated with the fingerprint received from the Media System”, and para.[0177]; “fingerprint is compared with a corresponding fingerprint for the identified sequence of media content. If the strong fingerprint matches, then the match is verified, and the replacement media content is sent to the Media System”).
Therefore, it would have been obvious to one of ordinary skill in the art before the invention was filed to incorporate replacement media content of the system of Gordon into identification of the unknown media content of the system of Schrempp to select additional content for replacing display media content, thereby enabling display of information related to the media content.
Claims 9 – 15 are device claims corresponding to method claims 2 – 8 respectively, and rejected under the same reason set forth in connection to the rejection of claims 2 – 8 respectively above.
Claims 16 – 19 and 20 - 21 are non-transitory machine-readable storage medium claims corresponding to method claims 2 – 5 and 7 - 8 respectively, and rejected under the same reason set forth in connection to the rejection of claims 2 – 5 and 7 - 8 respectively above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AUGUSTINE KUNLE OBISESAN whose telephone number is (571)272-2020. The examiner can normally be reached 9:00am - 5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ajay Bhatia can be reached at (571) 272-3906. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AUGUSTINE K. OBISESAN/
Primary Examiner
Art Unit 2156
8/24/2026
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