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 .
Detailed Action
This Office Action is made in reply to Application 19/279,684 filed 24 July 2025. After a preliminary amendment in which Claims 1 – 51 were cancelled and Claims 52 – 71 were newly added, Claims 52 – 71 are presented for examination.
Compact Prosecution
To facilitate compact prosecution, the examiner reached out to applicant’s representative to propose an examiner’s amendment to place the application in condition for allowance. No agreement was reached. Applicant requested a formal response.
Claim Rejections - 35 USC § 102
. 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.
Claim(s) 62 – 54, 56 – 60, 62 – 64 and 66 - 70 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Panchaksharaiah et al., US Pub. 2017/0332036 A1 (hereinafter Panchaksharaiah).
In regards to Claim 52, Panchaksharaiah discloses a method comprising:
causing a user device to display a first video stream (Panchaksharaiah: [0051], where a live audio-visual media, such as a soccer game, may be displayed on a display of user equipment);
based on monitoring, during the display of the first video stream, data associated with the user device, identifying an interaction associated with the first video stream (Panchaksharaiah: [0051], where user input may be determined, such as a user pressing a replay button on an input interface associated with the media guidance application during display of a live audio-visual media; [0007], where a video processing algorithm may be user to monitor objects in the live audio-visual media and in the catch-up media, such as a touchdown in a football game);
determining, based on analysis of the monitored data, that the interaction indicates interest in one or more attributes of an event depicted in a previously displayed portion of the first video stream (Panchaksharaiah: [0008], where a retrieved profile of the user may indicate attributes of events in the live audio-visual media that are important to the user; [0051], where the media guidance application may generate for display catch-up audio-visual media, such as a replay of a previously broadcasted event in the soccer game based on user input of pressing a replay button);
based on determining that the interaction indicates interest in the one or more attributes of the event, automatically generating a second video stream based on the previously displayed portion of the first video stream (Panchaksharaiah: [0051], where the media guidance application may generate for display catch-up audio-visual media, such as a replay of a previously broadcasted event in the soccer game; [0006], where media guidance application may buffer live audio-visual media and play back a buffered portion in a picture-in-picture window overlaying the live audio-visual media at a later time; [0049], where media guidance application may buffer a portion of the live audio-visual media so that the user can play back the buffered media at a time after an original broadcast time of the live media; [0099], where media guidance application may generated for display frames that are important at a second rate, slower than the first rate because frames from an important event may be of interest to the user and the user may want to view them at a slower rate); and
causing the user device to simultaneously display the first video stream and the second video stream (Panchaksharaiah: Fig. 2 and [0051], where on a display of user equipment, a simultaneous display of live audio-visual media with catch-up audio-visual media is generated. For example, a picture-in-picture window is generated comprising catch-up audio-visual media overlaying live audio-visual media).
Regarding Claim 53, Panchaksharaiah discloses the method of claim 52, wherein the interaction does not comprise a reference to the event (Panchaksharaiah: [0051], where user input may be determined, such as a user pressing a replay button on an input interface associated with the media guidance application during display of a live audio-visual media).
Regarding Claim 54, Panchaksharaiah discloses the method of claim 52, wherein:
the first video stream comprises a depiction of a sports game (Panchaksharaiah: [0003], where a user may be watching a live football game; [0049], where a first and second user may be watching a soccer game); and
determining that the interaction indicates interest in the one or more attributes of the event comprises identifying that the interaction comprises a reference to a particular team or player participating in the event (Panchaksharaiah: [0003], where media guidance application may determine that a user is interested in a touchdown play if the user’s favorite team scores the touchdown; [0008], where a retrieved user profile may indicate a user’s favorite sports teams; [0009], where media guidance application may identify an object having importance to the user based on the profile. For example, a player in the user’s fantasy sports roster may be important to a user because the performance of the player may affect a fantasy sports score of the user).
Regarding Claim 56, Panchaksharaiah discloses the method of claim 52, wherein the monitored data comprises at least one of an electronic communication received by the user device, an electronic communication transmitted by the user device, or an electronic communication associated with a user profile of the user device (Panchaksharaiah: [0051], where user input may be determined, such as a user pressing a replay button on an input interface associated with the media guidance application during display of a live audio-visual media).
Regarding Claim 57, Panchaksharaiah discloses the method of claim 52, wherein monitoring the data associated with the user device comprises:
identifying a user profile associated with the user device (Panchaksharaiah: [0008], where media guidance application may retrieve a profile associated with the user, where the profile indicates attributes of events that are important to the user); and
accessing application data for the identified user profile, wherein the application data is associated with at least one of: a fantasy sports application, a news application, or a social media application (Panchaksharaiah: [0009], where a user’s fantasy sports roster may be retrieved from the user’s profile).
Regarding Claim 58, Panchaksharaiah discloses the method of claim 57, wherein determining that the interaction indicates interest in the one or more attributes of the event comprises:
identifying, within the accessed application data, activity associated with at least one of: a participant of the event or a type of the event (Panchaksharaiah: [0007], where a touchdown may be identified when a player carries a football into an end zone; [0078], where a player that scored a goal may be identified and compared to the user’s fantasy sports roster to determine whether the goal scored by the player will affect a fantasy sports score of a fantasy sports contest which the user is a participant).
Regarding Claim 59, Panchaksharaiah discloses the method of claim 52, further comprising:
identifying a user profile associated with the user device (Panchaksharaiah: [0008], where media guidance application may retrieve a profile associated with the user, where the profile indicates attributes of events that are important to the user); and
determining, based on the identified user profile, one or more thresholds associated with the interaction, wherein determining that the interaction indicates interest in the one or more attributes of the event is further based on the one or more thresholds (Panchaksharaiah: [0065]-[0066], where a user associated with a profile may be identified from a table when the stored facial mapping is within a threshold amount, e.g., an acceptable degree of error; [0070], where user preferences can be determined from user viewing history such that it may be determined that a user prefers a type of media when it appears over a threshold number of times; [0053], where an event may be identified if the audio volume is above or below a threshold volume and/or when a change in volume over time is above or below a threshold change over time; [0059], where an event may be identified when the soccer ball moves to within a threshold distance of the goal).
Regarding Claim 60, Panchaksharaiah discloses the method of claim 52, wherein the second video stream comprises a slow-motion replay of the previously displayed portion of the first video stream (Panchaksharaiah: [0051], where the media guidance application may generate for display catch-up audio-visual media, such as a replay of a previously broadcasted event in the soccer game; [0099], where media guidance application may generated for display frames that are important at a second rate, slower than the first rate because frames from an important event may be of interest to the user and the user may want to view them at a slower rate).
In regards to Claim 62, Panchaksharaiah discloses a system comprising:
control circuitry (Panchaksharaiah: Fig. 7 and [0045], where control circuitry 704 executes instructions for a media guidance application), the control circuitry configured to:
cause a user device to display a first video stream (Panchaksharaiah: [0051], where a live audio-visual media, such as a soccer game, may be displayed on a display of user equipment);
based on monitoring, during the display of the first video stream, data associated with the user device, identify an interaction associated with the first video stream (Panchaksharaiah: [0051], where user input may be determined, such as a user pressing a replay button on an input interface associated with the media guidance application during display of a live audio-visual media; [0007], where a video processing algorithm may be user to monitor objects in the live audio-visual media and in the catch-up media, such as a touchdown in a football game);
determine, based on analysis of the monitored data, that the interaction indicates interest in one or more attributes of an event depicted in a previously displayed portion of the first video stream (Panchaksharaiah: [0008], where a retrieved profile of the user may indicate attributes of events in the live audio-visual media that are important to the user; [0051], where the media guidance application may generate for display catch-up audio-visual media, such as a replay of a previously broadcasted event in the soccer game based on user input of pressing a replay button);
based on determining that the interaction indicates interest in the one or more attributes of the event, automatically generate a second video stream based on the previously displayed portion of the first video stream (Panchaksharaiah: [0051], where the media guidance application may generate for display catch-up audio-visual media, such as a replay of a previously broadcasted event in the soccer game; [0006], where media guidance application may buffer live audio-visual media and play back a buffered portion in a picture-in-picture window overlaying the live audio-visual media at a later time; [0049], where media guidance application may buffer a portion of the live audio-visual media so that the user can play back the buffered media at a time after an original broadcast time of the live media; [0099], where media guidance application may generated for display frames that are important at a second rate, slower than the first rate because frames from an important event may be of interest to the user and the user may want to view them at a slower rate); and
cause the user device to simultaneously display the first video stream and the second video stream (Panchaksharaiah: Fig. 2 and [0051], where on a display of user equipment, a simultaneous display of live audio-visual media with catch-up audio-visual media is generated. For example, a picture-in-picture window is generated comprising catch-up audio-visual media overlaying live audio-visual media).
Regarding Claim 63, Panchaksharaiah discloses the system of claim 62, wherein the interaction does not comprise a reference to the event (Panchaksharaiah: [0051], where user input may be determined, such as a user pressing a replay button on an input interface associated with the media guidance application during display of a live audio-visual media).
Regarding Claim 64, Panchaksharaiah discloses the system of claim 62, wherein:
the first video stream comprises a depiction of a sports game (Panchaksharaiah: [0003], where a user may be watching a live football game; [0049], where a first and second user may be watching a soccer game); and
the control circuitry is configured to determine that the interaction indicates interest in the one or more attributes of the event by identifying that the interaction comprises a reference to a particular team or player participating in the event (Panchaksharaiah: [0003], where media guidance application may determine that a user is interested in a touchdown play if the user’s favorite team scores the touchdown; [0008], where a retrieved user profile may indicate a user’s favorite sports teams; [0009], where media guidance application may identify an object having importance to the user based on the profile. For example, a player in the user’s fantasy sports roster may be important to a user because the performance of the player may affect a fantasy sports score of the user).
Regarding Claim 66, Panchaksharaiah discloses the system of claim 62, wherein the monitored data comprises at least one of an electronic communication received by the user device, an electronic communication transmitted by the user device, or an electronic communication associated with a user profile of the user device (Panchaksharaiah: [0051], where user input may be determined, such as a user pressing a replay button on an input interface associated with the media guidance application during display of a live audio-visual media).
Regarding Claim 67, Panchaksharaiah discloses the system of claim 62, wherein the control circuitry is configured to monitor the data associated with the user device by:
identifying a user profile associated with the user device (Panchaksharaiah: [0008], where media guidance application may retrieve a profile associated with the user, where the profile indicates attributes of events that are important to the user); and
accessing application data for the identified user profile, wherein the application data is associated with at least one of: a fantasy sports application, a news application, or a social media application (Panchaksharaiah: [0009], where a user’s fantasy sports roster may be retrieved from the user’s profile).
Regarding Claim 68, Panchaksharaiah discloses the system of claim 67, wherein the control circuitry is configured to determine that the interaction indicates interest in the one or more attributes of the event by:
identifying, within the accessed application data, activity associated with at least one of: a participant of the event or a type of the event (Panchaksharaiah: [0007], where a touchdown may be identified when a player carries a football into an end zone; [0078], where a player that scored a goal may be identified and compared to the user’s fantasy sports roster to determine whether the goal scored by the player will affect a fantasy sports score of a fantasy sports contest which the user is a participant).
Regarding Claim 69, Panchaksharaiah discloses the system of claim 62, wherein the control circuitry is further configured to:
identify a user profile associated with the user device (Panchaksharaiah: [0008], where media guidance application may retrieve a profile associated with the user, where the profile indicates attributes of events that are important to the user); and
determine, based on the identified user profile, one or more thresholds associated with the interaction, wherein the control circuitry is configured to determine that the interaction indicates interest in the one or more attributes of the event further based on the one or more thresholds (Panchaksharaiah: [0065]-[0066], where a user associated with a profile may be identified from a table when the stored facial mapping is within a threshold amount, e.g., an acceptable degree of error; [0070], where user preferences can be determined from user viewing history such that it may be determined that a user prefers a type of media when it appears over a threshold number of times; [0053], where an event may be identified if the audio volume is above or below a threshold volume and/or when a change in volume over time is above or below a threshold change over time; [0059], where an event may be identified when the soccer ball moves to within a threshold distance of the goal).
Regarding Claim 70, Panchaksharaiah discloses the system of claim 62, wherein the second video stream comprises a slow-motion replay of the previously displayed portion of the first video stream (Panchaksharaiah: [0051], where the media guidance application may generate for display catch-up audio-visual media, such as a replay of a previously broadcasted event in the soccer game; [0099], where media guidance application may generated for display frames that are important at a second rate, slower than the first rate because frames from an important event may be of interest to the user and the user may want to view them at a slower rate).
Claim Rejections - 35 USC § 103
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.
Claim(s) 55 and 65 is/are rejected under 35 U.S.C. 103 as being unpatentable over Panchaksharaiah in view of Trollope et al, US Pub. 2016/0261917 A1 (hereinafter Trollope).
Regarding Claim 55, Panchaksharaiah discloses the method of claim 52. But Panchaksharaiah fails to explicitly disclose, wherein the monitored data comprises audio data captured by a microphone of the user device.
Trollope from a similar endeavor teach wherein the monitored data comprises audio data captured by a microphone of the user device (Trollope: [0024], where a microphone may be used to monitor feedback on or interactions with the broadcast content from an audience member. The feedback may include cheering, clapping, laughing, booing, singing along, etc. Audience member feedback may also include interactions such as commenting or expressing spoken opinions for competitions, political debates, sports events, live music performances, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Panchaksharaiah in view of Trollope to monitor feedback from a user, including cheering, applause, and laughter, as well as explicit question or comments, (Trollope: [0002]). This allows for an intuitive, yet highly interactive experience for audience members of a broadcast, allowing them to engage with and provide feedback for broadcast content at their convenience in a natural way, (Trollope: [0023]).
Regarding Claim 65, Panchaksharaiah discloses the system of claim 62. But Panchaksharaiah fails to explicitly disclose, wherein the monitored data comprises audio data captured by a microphone of the user device.
Trollope from a similar endeavor teach wherein the monitored data comprises audio data captured by a microphone of the user device (Trollope: [0024], where a microphone may be used to monitor feedback on or interactions with the broadcast content from an audience member. The feedback may include cheering, clapping, laughing, booing, singing along, etc. Audience member feedback may also include interactions such as commenting or expressing spoken opinions for competitions, political debates, sports events, live music performances, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Panchaksharaiah in view of Trollope to monitor feedback from a user, including cheering, applause, and laughter, as well as explicit question or comments, (Trollope: [0002]). This allows for an intuitive, yet highly interactive experience for audience members of a broadcast, allowing them to engage with and provide feedback for broadcast content at their convenience in a natural way, (Trollope: [0023]).
Claim(s) 61 and 71 is/are rejected under 35 U.S.C. 103 as being unpatentable over Panchaksharaiah in view of Platt et al., US Pub. 2013/0022332 A1 (hereinafter Platt).
Regarding Claim 61, Panchaksharaiah discloses the method of claim 52. But Panchaksharaiah fails to explicitly disclose, further comprising: determining a virtual graphic type for the second video stream based on the one or more attributes; generating a virtual graphic based on the virtual graphic type; and adding the generated virtual graphic to the second video stream.
Platt from a similar endeavor teaches determining a virtual graphic type for the second video stream based on the one or more attributes (Platt: Fig. 2B and [0124]-[0127], where the data indicates two players kicking the ball so it is determined that 3 plays will be represented using play lines 80 and a sim line 70 which depict Smith passing ball 40, a receiver/carrier 25 moved/dribbled the ball and then Jones kicking ball 40);
generating a virtual graphic based on the virtual graphic type (Platt: Fig. 2B and [0124]-[0127], where play lines 80 and sim line 70 are generated);
adding the generated virtual graphic to the second video stream (Platt: [0014], where augmented reality graphics are overlayed to show key field positions such as 1st down line).
As sports replay systems are capable of highlighting key events during a live broadcast, there is a need for fans to be able to distinguish key actions on a field cluttered with action and not have the graphics, such as a telestrator, obstruct the view of the action, (Platt: [0005], [0007] and [0012]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Panchaksharaiah in view of Platt to be able to replay key events in a sports play sequence and create seamless graphical representation of a set of plays on a sports field, (Platt: [0029]).
Regarding Claim 71, Panchaksharaiah discloses the system of claim 62. But Panchaksharaiah fails to explicitly disclose, wherein the control circuitry is further configured to: determine a virtual graphic type for the second video stream based on the one or more attributes; generate a virtual graphic based on the virtual graphic type; and add the generated virtual graphic to the second video stream.
Platt from a similar endeavor teaches determine a virtual graphic type for the second video stream based on the one or more attributes (Platt: Fig. 2B and [0124]-[0127], where the data indicates two players kicking the ball so it is determined that 3 plays will be represented using play lines 80 and a sim line 70 which depict Smith passing ball 40, a receiver/carrier 25 moved/dribbled the ball and then Jones kicking ball 40);
generate a virtual graphic based on the virtual graphic type (Platt: Fig. 2B and [0124]-[0127], where play lines 80 and sim line 70 are generated); and
add the generated virtual graphic to the second video stream (Platt: [0014], where augmented reality graphics are overlayed to show key field positions such as 1st down line).
As sports replay systems are capable of highlighting key events during a live broadcast, there is a need for fans to be able to distinguish key actions on a field cluttered with action and not have the graphics, such as a telestrator, obstruct the view of the action, (Platt: [0005], [0007] and [0012]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Panchaksharaiah in view of Platt to be able to replay key events in a sports play sequence and create seamless graphical representation of a set of plays on a sports field, (Platt: [0029]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Thompson et al., US Pub. 2015/0375117 A1 teach that a graphical user interface may comprise one or more controls to control presentation of the video content. The controls may include a replay control to replay a portion of the video content in regular or slow motion, ([0247]).
Ellis et al., US Pub. 2014/0229887 A1 teach that a primary sporting event or game may always be displayed but with PIP or split screen mode, a slow motion replay may be displayed simultaneously with the slow motion replay being facilitated by real-time buffers, ([0010], [0057] and [0061]).
Fahlander, US Pub. 2016/0212485 A1 discloses outputting video on a client device such that while watching a live sporting event, a replay of a goal can be viewed at the same time the viewer can continue watching the game via Picture-in-Picture or the like, (Abstract and [0030]).
Quinn et al., US Pub. 2011/0267419 A1 discloses shared content presented during conference may be selected for replay simultaneously with live shared content, ([0037]).
Examiner’s Note: The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cynthia M FOGG whose telephone number is (571)272-2741. The examiner can normally be reached Monday-Friday 7:00-3:30.
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, Nathan Flynn can be reached at (571)272-1915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA M FOGG/Primary Examiner, Art Unit 2421
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