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.
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Claims 1, 16, and 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7 of U.S. Patent No. 12,407,900. Although the claims at issue are not identical, they are not patentably distinct from each other because the parent patent claims anticipate the features of the current claims.
Present claims
1. A method comprising:
obtaining, by one or more processors, sensor data from one or more first sensors of an electronic device;
obtaining, by the one or more processors, first location data representing a location of a user, wherein at least some of the sensor data is obtained while the user is at the location;
generating, by the one or more processors, a first content item based on the sensor data;
determining, by the one or more processors, a metric for the first content item based on the first location data, wherein the metric represents a degree of relevance of the first content item to the user; and
storing, by the one or more processors, the first content item and the metric, wherein the metric is stored as metadata of the first content item.
U.S. Patent No. 12,407,900
1. A method comprising:
obtaining, by one or more processors, sensor data from one or more first sensors of an electronic device, wherein the sensor data represents an environment of a user of the electronic device;
generating, by the one or more processors, a first content item based on the sensor data, wherein the first content item comprises a depiction of the environment generated based on at least a portion of the sensor data;
obtaining, by the one or more processors, biometric data regarding the user, wherein the biometric data is obtained from one or more second sensors of the electronic device, and wherein at least a portion of the sensor data is obtained concurrently with the biometric data;
determining, by the one or more processors, a metric for the first content item based on the biometric data; and
storing, by the one or more processors, the first content item and the metric, wherein the metric is stored as metadata of the first content item, and wherein the metric represents a degree of importance of the first content item including the depiction of the environment to the user.
7. The method of claim 1, further comprising:
obtaining first location data representing a current location of the user, wherein at least some of the sensor data is obtained while the user is at the current location;
obtaining second location data representing a travel history of the user; and
determining, based on the first location data and the second location data, a frequency metric representing a frequency at which the user has traveled to the current location,
wherein the metric for the first content item is determined further based on the frequency metric.
Regarding claims 1, 16, and 20, the features are anticipated by the narrower features of U.S. Patent No. 12,407,900 Claim 7 which inherits the features of claim 1.
Claims 1, 16, and 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14 of U.S. Patent No. 11,895,368. Although the claims at issue are not identical, they are not patentably distinct from each other because the parent patent claims anticipate the features of the current claims.
Present Claims
1. A method comprising:
obtaining, by one or more processors, sensor data from one or more first sensors of an electronic device;
obtaining, by the one or more processors, first location data representing a location of a user, wherein at least some of the sensor data is obtained while the user is at the location;
generating, by the one or more processors, a first content item based on the sensor data;
determining, by the one or more processors, a metric for the first content item based on the first location data, wherein the metric represents a degree of relevance of the first content item to the user; and
storing, by the one or more processors, the first content item and the metric, wherein the metric is stored as metadata of the first content item.
U.S. Patent No. 11,895,368
1. A method comprising: obtaining, by a wearable multimedia device, sensor data from one or more first sensors of the wearable multimedia device; generating, by the wearable multimedia device, a first content item based on the sensor data; obtaining, by the wearable multimedia device, biometric data regarding a user of the wearable multimedia device, wherein the biometric data is obtained from one or more second sensors of the wearable multimedia device; determining, by the wearable multimedia device, a metric for the first content item based on the biometric data; and storing, by the wearable multimedia device, the first content item and the metric, wherein the metric is stored as metadata of the first content item.
14. The method of claim 1, further comprising: obtaining first location data representing a current location of the user of the wearable multimedia device; obtaining second location data representing a travel history of the user of the wearable multimedia device; and determining, based on the first location data and the second location data, a frequency metric representing a frequency at which the user has traveled to the current location, wherein the metric for the first content item is determined further based on the frequency metric.
Regarding claims 1, 16, and 20, the features are anticipated by the narrower features of U.S. Patent No. 11,895,368 Claim 14 which inherits the features of claim 1.
Allowable Subject Matter
Claims 1, 16, and 20 are rejected with respect to double patenting above but would be allowable with respect to the prior art.
Claims 2-15 and 17-19 are 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 prior art fails to disclose or fairly suggest alone or in combination all of the features of independent claims 1, 16, and 20.
The prior art of record particularly fails to disclose: “determining, by the one or more processors, a metric for the first content item based on the first location data, wherein the metric represents a degree of relevance of the first content item to the user; and
storing, by the one or more processors, the first content item and the metric, wherein the metric is stored as metadata of the first content item.”
The most relevant prior art of record discloses:
Wexler et al. (US 2018/0115797 A1) discloses a system for providing information to a user of a wearable apparatus is provided. The system includes at least one processing device programmed to identify a person represented in at least one image captured by a wearable image sensor included in the wearable apparatus, obtain information associated with the person represented in the at least one captured image, and obtain at least one affinity measurement representing a degree of a relationship between the user and the person. The processing device is also programmed to determine, based on the at least one affinity measurement, an information level to be disclosed to the user of the wearable apparatus and provide, to the user of the wearable apparatus, the information based on the information associated with the person and on the information level.
Anderson et al. (US 2017/0286426 A1) discloses a browser for prioritized display of videos and/or photographs are disclosed herein. In embodiments, an apparatus may include one or more processors, devices, and/or circuitry to operate a browser to present a plurality of photos and/or videos for viewing. A subset of the plurality of the photos and/or videos may be selected based on the results of an analysis of sensor data collected by a plurality of wearable sensors. The subset of the plurality of the photos and/or videos may be prioritized over other photos and/or videos from the plurality of the photos and/or videos in terms of presentation space allocated for presentation.
Bist et al. (US 2020/0288206 A1) discloses a web-based application that is configured to stream a media content to a set of participants. A server has a processor and a facial detection engine, and configured to receive facial expression and emotional engagement of one or more participants of the set of participants and receive reactions of participants. The processor of the server calculates the emotional valence, the difference of positive emotional values and the negative emotional values at a given time frame, from the facial expression of the set of participants, and calculates the reaction valence from the reactions of the set of participants. The server has ability to plot graphical representation of the emotional valence and the reaction valence of the set of participants. The server is configured to identify the time frames in video that has positive peak values and negative peak values in graphical representation of the emotional valence and the reaction valence.
Conclusion
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FERNANDO . ALCON
Examiner
Art Unit 2425
/FERNANDO ALCON/Primary Examiner, Art Unit 2425
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