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 .
Double Patenting
2. 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.
3. Claims 2-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-26 of U.S. Patent 9,392,324). Although the conflicting claims are not identical, they are not patentably distinct from each other because:
The current application (19/241,842), …equates to… U.S. Pat (9,392,324).
As to claim 2, the claimed “A computer-implemented method..." equates to “A method for...” of Pat ‘324 (col.47, line 37-Col.48, line 5).
the claimed: “receiving…” equates to “receiving…”; “determining…of Pat ‘324 (col.47, lines 38-43);
the claimed “determining…”; “determining, based at least….” equates to “in response to determining…”; “comparing...”; “determining…calculated….” of Pat ‘324 (col.47, lines 44-62);
the claimed: “based at least in part…”; “based at least in part…”; and “based at least in part on the determined…” equates to “determining…”; “based on determining...“; “ …and providing….” of Pat ‘324 (col.47, line 63-Col.48, line 5).
Claims 3-11 equates to claims 2-9 of Pat ‘324 (col.48, lines 6-62).
As to claim 12, the claimed “A system…” is composed of the same structural elements that were discussed with respect to claim 2.
Claims 13-21 equates to claims 2-9 of Pat ‘324 (col.48, lines 6-62).
Although the conflicting claims are not identical, they are not patentably distinct from each other (one being broader than the other). Allowance of claims 2-21 of the instant application would result in an unjustified timewise extension of the monopoly defined by patent claim U.S. Pat (9,392,324)
Claim Rejections - 35 USC § 102
4. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
5. Claim(s) 2-21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by CHANG et al (2013/0145400).
As to claims 2-6, CHANG discloses systems and methods to facilitate a voice search of available media content and further discloses a computer-implemented method comprising:
receiving a voice input (figs.1-5, Terminal or Voice Response Server “VRS”); determining that the voice input corresponds to a request with respect to a media asset; based at least in part on the voice input, identifying the media asset; based at least in part on the identified media asset, determining that the voice input comprises a request to perform an action related to at least a portion of the identified media asset; and based at least in part on the determined request, performing the action related to the at least a portion of the identified media asset (figs.1-5, [0008-0019], [0027-0038], [0040-0048], [0053-0065] and [0069-0073]), voice search vocabulary of keywords, performed by the server, user provide with options or server generates search results based on the voice command to search keyword or keywords associated with the voice command, calculates a popularity score and retrieves viewing information; wherein the action comprises displaying the at least a portion of the identified media asset; wherein the action comprises storing the at least a portion of the identified media asset; determining, using natural language processing (NLP), that the voice input references an entity or an event; and determining the at least a portion of the identified media asset based at least in part on identifying, using video recognition, a portion of the identified media asset where the entity appears or the event occurs and determining the at least a portion of the identified media asset based at least in part on at least one of a location of a user associated with the voice input or a time the voice input was received ([0008-0019], [0027-0038], [0040-0048], [0053-0065] and [0069-0073]), generates for viewing based on the trends of the program or tuning to the particular program
As to claims 7-8, CHANG further discloses wherein a plurality of media assets is stored in a database, and wherein the plurality of media assets comprises the identified media asset; wherein the identifying the media asset is further based on: determining a media asset identifier referenced by the voice input; identifying at least one suggested media asset identifier corresponding to a respective media asset of the plurality of media assets; and displaying an option to confirm that the at least one suggested media asset identifier corresponds with the media asset identifier referenced by the voice input and calculating a similarity metric between the media asset identifier referenced by the voice input and a respective identifier corresponding to each media asset of the plurality of media assets; and wherein the identifying at least one suggested media asset identifier is based on determining that the similarity metric between the media asset identifier referenced by the voice input and a respective identifier corresponding to at least one media asset of the plurality of media assets exceeds a threshold ([0008-0019], [0027-0038], [0040-0048], [0053-0065] and [0069-0073]), note remarks in claims 2-6.
As to claims 9-11, CHANG further discloses displaying a preview of the at least a portion of the identified media asset; displaying a message confirming that the action related to the at least a portion of the identified media asset has been performed and determining that the voice input references a user device; based at least in part on the determined user device, determining that the voice input further comprises a request to perform the action related to the at least a portion of the identified media asset with respect to the user device; and wherein the performing the action related to the at least a portion of the identified media asset further comprises causing the user device to perform the action related to the at least a portion of the identified media asset ([0008-0019], [0027-0038], [0040-0048], [0053-0065] and [0069-0073]), note remarks in claims 2-6.
As to claims 12-16, the claimed “A system comprising….” Is composed of the same structural elements that were discussed with respect to claims 2-6.
Claims 17-18 are met as previously discussed in claims 7-8.
Claims 19-21 are met as previously discussed in claims 9-11.
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.
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/ANNAN Q SHANG/Primary Examiner, Art Unit 2424
ANNAN Q. SHANG
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