DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 103
2. 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
3. Claim(s) 1-5, 9-14 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEGALL et al (6,005,565) in view of DU (2014/0236735).
As to claims 1-2, LEGALL discloses integrated search of EPG, Internet and other information resources and further discloses a system for displaying search results for program content, the system comprising: at least one processor; and at least one memory coupled to the at least one processor (figs.1+ and Col.2, lines 7-37), wherein the at least one memory has computer-executable instructions stored thereon that, when executed by the at least one processor, cause operations to be performed, the operations including: electronically receiving, via an input device for a receiving device, one or more search terms for program content available to be streamed or broadcast to the particular receiving device; in response to receiving the one or more search terms for program content
electronically causing a search to be performed, in a particular program content catalog provided for programs available to be streamed or broadcast to the particular receiving device, for program content relevant to the one or more search terms; and in response to the search, electronically causing a listing of programs to be displayed on a display, wherein a first set of the listing of programs is relevant to the one or more search terms based on the search and a second set of the listing of programs, is also listed or ordered on the display based on one or more received priority indicators pre-associating the second set with the one or more search terms prior to the search (figs.1-6, Col..2, line 38-Col.4, line 65 and Col.5, lines 1-62) search terms can be information associated with the broadcast, i.e., a string of Keywords that can be combined with operators AND. OR, NOT, etc. to produce Boolean combinations of search terms; operates can be included in the EPG associated with the broadcast and further cam be provided by the content provider in a form of URL; priority indicators associated with respective search terms during advance search
where a first simultaneously displayed both in the second set of the listing of programs and in the first set of the listing of programs at least in part due to the one or more search terms being sponsored such that the one or more received priority indicators pre-associates the second set with the one or more search terms prior to the search the first set and the second set each comprise plural programs; and each program in the first set and the second set is simultaneously displayed as an option to currently select and view and electronically generating or receiving the one or more received priority indicators for certain programs based on and in response to a sponsorship of the certain programs
wherein the one or more received priority indicators give priority to order the certain programs, to be displayed above, or more prominently than, other items in the listing based on the sponsorship of the certain programs (figs.1-6, Col..2, line 38-Col.4, line 65 and Col.5, lines 1-62), search terms can be information associated with the broadcast, i.e., a Keyword or string of Keywords that can be combined with operators AND. OR, NOT, etc. to produce Boolean combinations of search terms; operates can be included in the EPG associated with the broadcast and further cam be provided by the content provider in a form of URL; figs 2-3, display search results in and EPG window of channels of broadcast and search results content provider in a form of URL; furthermore power search enables you to select other pre-processed operators, within the display interface to further perform a search in a desired group: Topics, Category, subcategory. Source(s), rating, time period(s), etc. to generate power search or advance to further generate specific search results or fine tune the search using other indicators; where the search results can further be tuned to, for real-time viewing of a desired channel or content provider. The listings of programs, the channels, and website can be updated automatically and filter and may further include a window not shown.
LEGALL discloses that the channels, and website can be updated automatically and filtered and may further include a window not shown and further uses power search with ratings to further filter the search results and further displays priority indicators, i.e., heightening by different colors corresponding to programs that meet different criteria to the power search results, where multiple sites meeting a search criteria can be displayed (figs.3A-6 and Col.2, line 60-Col.5, line 32), BUT appears silent as to listed or ordered on the display based on one or more received priority indicators pre-associating the second set with the one or more search terms prior to the search, electronically generating or receiving the one or more received priority indicators for certain programs, television channels or streaming media content provider platforms based on and in response to a sponsorship of the certain programs, television channels or streaming media content provider platforms, wherein the one or more received priority indicators give priority to order the certain programs, television channels or streaming media content provider platforms to be displayed above, or more prominently than, other items in the listing based on the sponsorship of the certain programs, television channels or streaming media content provider platforms
However, in the same field of endeavor, DU discloses a search system where the search engine provides indicators associated to various sponsors to generate and filter search results; electronically generating or receiving the one or more received priority indicators for certain programs, television channels or streaming media content provider platforms based on and in response to a sponsorship of the certain programs, television channels or streaming media content provider platforms, wherein the one or more received priority indicators give priority to order the certain programs, television channels or streaming media content provider platforms to be displayed above, or more prominently than, other items in the listing based on the sponsorship of the certain programs, television channels or streaming media content provider platforms based on a user profile (figs.1-12, Abstract, [0006-0012], [0028-0029],[0037-0047], [0051-0058] and 0072-0086]), profiles associated with sponsor may be highlighted and displayed based top sponsors of the programs, TV, news, advertisements,
Hence it would have been obvious before the filing date of the claimed invention to one of ordinary skill in the art to incorporate the teaching of DU into the system of LEGALL to provide additional priority information to top sponsors of various programs.
Claims 3-4 are met as previously discussed in claims 1-2
As to claim 5, LEGALL further discloses wherein the causing a search to be performed in response to receiving the one or more search terms, searching the particular program content catalog for metadata associated with the one or more search terms and with programs which, according to the particular program content catalog, are available to be streamed or broadcast to the particular receiving device; as a result of the searching, identifying the first set based on metadata that is associated with the one or more search terms and also describes content characteristics of the first set; as a result of the searching, identifying as metadata in the particular program content catalog the one or more received priority indicators pre-associating the second set with the one or more search terms, wherein the one or more received priority indicators indicate to display for selection the second set above or more prominently on the display than the first set; determining to include the second set in the listing of programs based on the result of the searching in the particular program content catalog; and determining to display the second set for selection in the listing of programs above or more prominently on the display than the first set based on the one or more received priority indicators (fig.s3-6, power searching the various metadata options associated with the search that can be filtered or updated dynamically to generate various search results); and determining to display the second set for selection in the listing of programs above or more prominently on the display than the first set based on the priority indicators (figs.3-6, Col..2, line 38-Col.4, line 65 and Col.5, lines 1-62),
LEGALL discloses that the channels, and website can be updated automatically and filtered and may further include a window not shown and further uses power search with ratings to further filter the search results and further displays priority indicators, i.e., heightening by different colors corresponding to programs that meet different criteria to the power search results, where multiple sites meeting a search criteria can be displayed (figs.3A-6 and Col.2, line 60-Col.5, line 32), BUT appears silent as to listed or ordered on the display based on one or more received priority indicators pre-associating the second set with the one or more search terms prior to the search, electronically generating or receiving the one or more received priority indicators for certain programs, television channels or streaming media content provider platforms based on and in response to a sponsorship of the certain programs, television channels or streaming media content provider platforms, wherein the one or more received priority indicators give priority to order the certain programs, television channels or streaming media content provider platforms to be displayed above, or more prominently than, other items in the listing based on the sponsorship of the certain programs, television channels or streaming media content provider platforms
However, in the same field of endeavor, DU further discloses a search system where the search engine generates a search results and filters search results based on profile; electronically generating or receiving the one or more received priority indicators for certain programs, television channels or streaming media content provider platforms based on and in response to a sponsorship of the certain programs, television channels or streaming media content provider platforms, wherein the one or more received priority indicators give priority to order the certain programs, television channels or streaming media content provider platforms to be displayed above, or more prominently than, other items in the listing based on the sponsorship of the certain programs, television channels or streaming media content provider platforms based on a user profile (figs.1-12, Abstract, [0006-0012], [0028-0029],[0037-0047], [0051-0058] and 0072-0086]), profiles associated with sponsor may be highlighted and displayed based top sponsors of the programs, TV, news, advertisements,
Hence it would have been obvious before the filing date of the claimed invention to one of ordinary skill in the art to incorporate the teaching of DU into the system of LEGALL to provide additional priority information to top sponsors of various programs.
As to claim 9, LEGALL further discloses where the input device is a remote control device, and the electronically receiving the one or more search terms for program content available to be streamed or broadcast to the particular receiving device includes receiving the one or more search terms as voice input via the remote control device (Col..2, line 38-Col.4, line 65 and Col.5, lines 1-62), see remarks in claims 1-2.
As to claims 10-11, the claimed “A method for displaying search results for program content…” is composed of the same structural elements that were discussed with respect to claims 1-2.
Claims 12-13 are met as previously discussed in claims 3-4.
Claim 14 is met as previously discussed in claim 5.
As to claims 18-19, the claimed “A non-transitory computer-readable storage medium…” is composed of the same structural elements that were discussed with respect to claims 1-2.
Claim 20 is met as previously discussed in claims 3-4.
Double Patenting
4. 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/process/file/efs/guidance/eTD-info-I.jsp.
5. Claims 1-5, 9-14 and 18-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent 12,348,828). Although the conflicting claims are not identical, they are not patentably distinct from each other because:
The current application (19/233,330), …equates to…U.S. Pat (12,348,828).
As to claim 1, the claimed “A system for..." equates to “A system for...” of Pat ‘828 (col.13, line 62-Col.14, line 35).
the claimed: “electronically receiving…”; “in response to…” “wherein…” equates to “electronically receiving…”; “in response to…” “wherein…” of Pat ‘828 (col.13, line 62-Col.14, line 35).
Claims 3-5 and 9 equates to claims 3-5 and 9 of Pat ‘828 (col.14, line 36-Col.15, line 67).
As to claim 10, the claimed “A method for displaying search results for program content…” is composed of the same structural elements that were discussed with respect to claim 1.
Claims 11-14 are met as previously discussed in claims 3-5 and 9.
As to claim 18, the claimed “A non-transitory computer-readable storage medium…” is composed of the same structural elements that were discussed with respect to claim 1.
Claim 20 is met as previously discussed in claims 3-5 and 9.
Although the conflicting claims are not identical, they are not patentably distinct from each other (one being broader than the other). Allowance of claims 1-5, 9-14 and 18-20 of the instant application would result in an unjustified timewise extension of the monopoly defined by patent claim U.S. Pat (12,348,828).
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached Monday-Friday 7-4.
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, BRUCKART BENJAMIN can be reached on 571-272-3982. 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.
/ANNAN Q SHANG/Primary Examiner, Art Unit 2424
ANNAN Q. SHANG
Prosecution Insights