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 Serial Number 19/293,991 filed 07 August 2025. As originally filed, Claims 1 – 20 are presented for examination.
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 – 6, 8, and 10 – 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 6 and 16 - 20 of U.S. Patent No. 12,413,816. Although the claims at issue are not identical, they are not patentably distinct from each other because independent Claim 1 of US Patent 12,413,816 falls entirely within the scope of Claim 1 of the instant application. Claim 1 of the instant application generally recites outputting of a subsequent segment of a content item based on determining that user preference indicates the subsequent segment is a type of content that the user does not want to skip. While the patented claim 1 recites specific steps in determining if the subsequent segment of a content item should be output or should be skipped. Therefore, claim 1 of the patent is narrower in scope than claim 1 of the instant application.
19/293,991
US Patent 12,413,816
1. A method comprising:
based on a trick play command to skip a current segment of a content item,
causing, by a computing device,
based on determining that the current segment of the content item is associated with a user preference to skip one or more types of content, and
based on determining that a subsequent segment of the content item is different from the one or more types of content,
output of the subsequent segment of the content item; and
outputting a message indicating automatic output of the subsequent segment.
1. A method comprising:
receiving a trick play command to skip a current segment of a content item;
receiving, by a computing device, information indicating a user preference regarding one or more types of content;
the information indicating the user preference regarding one or more types of content; and the trick play command;
information indicating a type of the subsequent segment;
causing output of a subsequent segment of the content item, wherein the causing is based on:
outputting a message indicating automatic output of the subsequent segment.
2. The method of claim 1, wherein the current segment comprises a commercial scene.
2. The method of claim 1, wherein the current segment comprises a commercial scene.
3. The method of claim 1, further comprising:
causing trick play output of the current segment,
wherein the causing output of the subsequent segment of the content item comprises: causing output of the subsequent segment by aligning a boundary of the subsequent segment with an end of the trick play output of the current segment.
3. The method of claim 1, further comprising:
causing trick play output of the current segment,
wherein the causing output of the subsequent segment of the content item comprises: causing output of the subsequent segment by aligning a boundary of the subsequent segment with an end of the trick play output of the current segment.
4. The method of claim 1, wherein a timing of the output of the message is based on a start time of the subsequent segment.
4. The method of claim 1, wherein a timing of the output of the message is based on a start time of the subsequent segment.
5. The method of claim 1, wherein the user preference indicates that: the current segment of the content item is objectionable to a user, and the subsequent segment of the content item is not objectionable to the user.
5. The method of claim 1, wherein the information indicating the user preference regarding one or more types of content indicates that the current segment of the content item is objectionable to a user, and that the subsequent segment of the content item is not objectionable to the user.
6. The method of claim 1, wherein the message comprises an audio cue.
6. The method of claim 1, wherein the message comprises an audio cue.
8. An apparatus comprising:
one or more processors; and
memory storing instructions that, when executed by the one or more processors, cause the apparatus to:
based on a trick play command to skip a current segment of a content item,
cause, based on determining that the current segment of the content item is associated with a user preference to skip one or more types of content, and
based on determining that a subsequent segment of the content item is different from the one or more types of content,
output of the subsequent segment of the content item; and
output a message indicating automatic output of the subsequent segment.
16. An apparatus comprising:
one or more processors; and
memory storing instructions that, when executed by the one or more processors, cause the apparatus to:
receive a trick play command to skip a current segment of a content item;
receive information indicating a user preference regarding one or more types of content; and the trick play command;
the information indicating the user preference regarding one or more types of content; and
information indicating a type of the subsequent segment;
cause output of a subsequent segment of the content item, wherein the causing is based on:
output a message indicating automatic output of the subsequent segment.
10. The apparatus of claim 8, wherein the instructions, when executed by the one or more processors, cause the apparatus to:
cause trick play output of the current segment,
wherein the causing output of the subsequent segment of the content item comprises:
causing output of the subsequent segment by aligning a boundary of the subsequent segment with an end of the trick play output of the current segment.
17. The apparatus of claim 16, wherein the instructions, when executed by the one or more processors, cause the apparatus to:
cause trick play output of the current segment,
wherein the causing output of the subsequent segment of the content item comprises:
causing output of the subsequent segment by aligning a boundary of the subsequent segment with an end of the trick play output of the current segment.
11. The apparatus of claim 8, wherein a timing of the output of the message is based on a start time of the subsequent segment.
18. The apparatus of claim 16, wherein a timing of the output of the message is based on a start time of the subsequent segment.
12. The apparatus of claim 8, wherein the user preference indicates that:
the current segment of the content item is objectionable to a user, and
the subsequent segment of the content item is not objectionable to the user.
19. The apparatus of claim 16, wherein the information indicating the user preference regarding one or more types of content indicates that
the current segment of the content item is objectionable to a user, and
that the subsequent segment of the content item is not objectionable to the user.
13. The apparatus of claim 8, wherein the message comprises an audio cue
20. The apparatus of claim 16, wherein the message comprises an audio cue.
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.
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) 1 - 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aarts, US Pub. 2006/0036783 A1 (hereinafter Aarts) [included in IDS received 07 August 2025] in view of Lin et al., US Pub. 2012/0059697 A1 (hereinafter Lin) [included in IDS received 07 August 2025].
In regards to Claim 1, Aarts discloses a method comprising:
based on a trick play command to skip a current segment of a content item, causing, by a computing device, based on determining that the current segment of the content item is associated with a user preference to skip one or more types of content, and based on determining that a subsequent segment of the content item is different from the one or more types of content, output of the subsequent segment of the content item (Aarts: [0068], where a fast forward button is provided which fast forwards through unwanted content; [0063], where user preference profile may be determined in response to previous user behavior, such that the system monitors when the user fast forwards through material and sets the user preference profile accordingly; [0032], where a user preference profile indicated user's preference for different kinds of content as determined by the user manually inputting a user preference value for each content category; [0034], where content is played back to the user at a determined presentation rate; [0048], where, as an example, a video apparatus will continuously determine if the current content is a normal TV program or an advert and use a real time playback rate for normal programs and a fast forward rate for adverts; [0060], where a user may fast forward or skip, using a fast forward button, through undesired music until the content indicator identifies a preferred music category which music style has been selected by the user as a preferred music style and tracks corresponding to undesired music categories are skipped and only music in the preferred category is played at a normal rate. Examiner notes that the "subsequent'' track or segment is determined to be either undesirable and is skipped or from a preferred category and is played; [0050], where a user may reverse or fast reverse through a video signal and content of interest may be automatically detected and presented in a real time forward rate; [0045], where content categories could include sport, adverts, game shows, news, previews and other; [0013], where content can be determined to be unwanted content or desired content). But Aarts fails to explicitly disclose outputting a message indicating automatic output of the subsequent segment.
Lin from a similar endeavor teaches outputting a message indicating automatic output of the subsequent segment (Lin: [0036], where a cue, which can be an image, sound, or tactile feedback notifies the viewer that a resume point is approaching which indicates the end of the advertisement block and the resumption of the non-advertisement content).
As viewers try to avoid watching ads, networks and local broadcasters are generating lower advertisement revenue per viewer as more viewers adopt ad-avoidance strategies, (Lin: [0008]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aarts in view of Lin such that during a trick play to avoid unwanted content such as ads, as disclosed by Aarts (Aarts: [0068]), a cue is presented which indicates that non-advertisement content is approaching, (Lin: [0036]). This provides a more effective way to advertise during accelerated media playback, (Lin: [0020]).
Regarding Claim 2, the combined teaching of Aarts and Lin discloses the method of claim 1, wherein the current segment comprises a commercial scene (Lin: [0021], where accelerated playback occurs during an advertisement block).
Regarding Claim 3, the combined teaching of Aarts and Lin discloses the method of claim 1, further comprising:
causing trick play output of the current segment (Lin: [0021], where accelerated playback occurs during an advertisement block),
wherein the causing output of the subsequent segment of the content item comprises:
causing output of the subsequent segment by aligning a boundary of the subsequent segment with an end of the trick play output of the current segment (Lin: [0036], where the user is notified of an approaching resume point. In a fast-forward operation, for example, the resume point is at the end of the advertisement block and before the resumption of the non-advertisement content).
Regarding Claim 4, the combined teaching of Aarts and Lin discloses the method of claim 1, wherein a timing of the output of the message is based on a start time of the subsequent segment (Lin: [0036], where a cue notifies the viewer that a resume point is approaching or that the resume point has been reached).
Regarding Claim 5, the combined teaching of Aarts and Lin discloses the method of claim 1, wherein the user preference indicates that:
the current segment of the content item is objectionable to a user (Aarts: [0048], where the user may indicate their desire to fast forward or skip adverts; [0063], where the system will detect if a user typically fast forwards through adverts and if so will set the user preference profile such that adverts
will be automatically fast forwarded/skipped), and
the subsequent segment of the content item is not objectionable to the user (Aarts: [0048], where the user may indicate their desire to fast forward or skip adverts; [0063], where the system will detect if a user typically fast forwards through adverts and if so will set the user preference profile such that adverts
will be automatically fast forwarded/skipped).
Regarding Claim 6, the combined teaching of Aarts and Lin discloses the method of claim 1, wherein the message comprises an audio cue (Lin: [0036], where a cue, which can be an image, sound, or tactile feedback notifies the viewer that a resume point is approaching which indicates the end of the advertisement block and the resumption of the non-advertisement content).
Regarding Claim 7, the combined teaching of Aarts and Lin discloses the method of claim 1, wherein the causing output of the subsequent segment is further based on a type of the subsequent segment (Lin: Fig. 6 and [0052], where Fig. 6 indicates media consisting of a television 602, followed by advertisements 604 and 608, followed by the television show 612, where the television show and advertisements are different types of segments).
In regards to Claim 8, Aarts discloses an apparatus comprising:
one or more processors (Aarts: Fig. 2, [0038] and [0045], content analysis processor 207 and user preference profile processor 209); and
memory storing instructions that, when executed by the one or more processors (Aarts: Fig. 2 and [0038], where memory 205 is connected to a content analysis processor 207), cause the apparatus to:
based on a trick play command to skip a current segment of a content item, cause, based on determining that the current segment of the content item is associated with a user preference to skip one or more types of content, and based on determining that a subsequent segment of the content item is different from the one or more types of content, output of the subsequent segment of the content item (Aarts: [0068], where a fast forward button is provided which fast forwards through unwanted content; [0063], where user preference profile may be determined in response to previous user behavior, such that the system monitors when the user fast forwards through material and sets the user preference profile accordingly; [0032], where a user preference profile indicated user's preference for different kinds of content as determined by the user manually inputting a user preference value for each content category; [0034], where content is played back to the user at a determined presentation rate; [0048], where, as an example, a video apparatus will continuously determine if the current content is a normal TV program or an advert and use a real time playback rate for normal programs and a fast forward rate for adverts; [0060], where a user may fast forward or skip, using a fast forward button, through undesired music until the content indicator identifies a preferred music category which music style has been selected by the user as a preferred music style and tracks corresponding to undesired music categories are skipped and only music in the preferred category is played at a normal rate. Examiner notes that the "subsequent'' track or segment is determined to be either undesirable and is skipped or from a preferred category and is played; [0050], where a user may reverse or fast reverse through a video signal and content of interest may be automatically detected and presented in a real time forward rate; [0045], where content categories could include sport, adverts, game shows, news, previews and other; [0013], where content can be determined to be unwanted content or desired content). But Aarts fails to explicitly disclose output a message indicating automatic output of the subsequent segment.
Lin from a similar endeavor teaches output a message indicating automatic output of the subsequent segment (Lin: [0036], where a cue, which can be an image, sound, or tactile feedback notifies the viewer that a resume point is approaching which indicates the end of the advertisement block and the resumption of the non-advertisement content).
As viewers try to avoid watching ads, networks and local broadcasters are generating lower advertisement revenue per viewer as more viewers adopt ad-avoidance strategies, (Lin: [0008]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aarts in view of Lin such that during a trick play to avoid unwanted content such as ads, as disclosed by Aarts (Aarts: [0068]), a cue is presented which indicates that non-advertisement content is approaching, (Lin: [0036]). This provides a more effective way to advertise during accelerated media playback, (Lin: [0020]).
Regarding Claim 9, the combined teaching of Aarts and Lin discloses the apparatus of claim 8, wherein the current segment comprises a commercial scene (Lin: [0021], where accelerated playback occurs during an advertisement block).
Regarding Claim 10, the combined teaching of Aarts and Lin discloses the apparatus of claim 8, wherein the instructions, when executed by the one or more processors, cause the apparatus to:
cause trick play output of the current segment (Lin: [0021], where accelerated playback occurs during an advertisement block),
wherein the causing output of the subsequent segment of the content item comprises:
causing output of the subsequent segment by aligning a boundary of the subsequent segment with an end of the trick play output of the current segment (Lin: [0036], where the user is notified of an approaching resume point. In a fast-forward operation, for example, the resume point is at the end of the advertisement block and before the resumption of the non-advertisement content).
Regarding Claim 11, the combined teaching of Aarts and Lin discloses the apparatus of claim 8, wherein a timing of the output of the message is based on a start time of the subsequent segment (Lin: [0036], where a cue notifies the viewer that a resume point is approaching or that the resume point has been reached).
Regarding Claim 12, the combined teaching of Aarts and Lin discloses the apparatus of claim 8, wherein the user preference indicates that:
the current segment of the content item is objectionable to a user (Aarts: [0048], where the user may indicate their desire to fast forward or skip adverts; [0063], where the system will detect if a user typically fast forwards through adverts and if so will set the user preference profile such that adverts
will be automatically fast forwarded/skipped), and
the subsequent segment of the content item is not objectionable to the user (Aarts: [0048], where the user may indicate their desire to fast forward or skip adverts; [0063], where the system will detect if a user typically fast forwards through adverts and if so will set the user preference profile such that adverts
will be automatically fast forwarded/skipped).
Regarding Claim 13, the combined teaching of Aarts and Lin discloses the apparatus of claim 8, wherein the message comprises an audio cue (Lin: [0036], where a cue, which can be an image, sound, or tactile feedback notifies the viewer that a resume point is approaching which indicates the end of the advertisement block and the resumption of the non-advertisement content).
Regarding Claim 14, the combined teaching of Aarts and Lin discloses the apparatus of claim 8, wherein the instructions, when executed by the one or more processors, cause the apparatus to cause output of the subsequent segment further based on a type of the subsequent segment (Lin: Fig. 6 and [0052], where Fig. 6 indicates media consisting of a television 602, followed by advertisements 604 and 608, followed by the television show 612, where the television show and advertisements are different types of segments).
In regards to Claim 15, Aarts discloses one or more non-transitory computer-readable media storing instructions (Aarts: Fig. 2 and [0038], where memory 205 is connected to a content analysis processor 207, Fig. 2, [0038] and [0045], content analysis processor 207 and user preference profile processor 209) that, when executed, cause:
based on a trick play command to skip a current segment of a content item, causing, by a computing device, based on determining that the current segment of the content item is associated with a user preference to skip one or more types of content, and based on determining that a subsequent segment of the content item is different from the one or more types of content, output of the subsequent segment of the content item (Aarts: [0068], where a fast forward button is provided which fast forwards through unwanted content; [0063], where user preference profile may be determined in response to previous user behavior, such that the system monitors when the user fast forwards through material and sets the user preference profile accordingly; [0032], where a user preference profile indicated user's preference for different kinds of content as determined by the user manually inputting a user preference value for each content category; [0034], where content is played back to the user at a determined presentation rate; [0048], where, as an example, a video apparatus will continuously determine if the current content is a normal TV program or an advert and use a real time playback rate for normal programs and a fast forward rate for adverts; [0060], where a user may fast forward or skip, using a fast forward button, through undesired music until the content indicator identifies a preferred music category which music style has been selected by the user as a preferred music style and tracks corresponding to undesired music categories are skipped and only music in the preferred category is played at a normal rate. Examiner notes that the "subsequent'' track or segment is determined to be either undesirable and is skipped or from a preferred category and is played; [0050], where a user may reverse or fast reverse through a video signal and content of interest may be automatically detected and presented in a real time forward rate; [0045], where content categories could include sport, adverts, game shows, news, previews and other; [0013], where content can be determined to be unwanted content or desired content). But Aarts fails to explicitly disclose outputting a message indicating automatic output of the subsequent segment.
Lin from a similar endeavor teaches outputting a message indicating automatic output of the subsequent segment (Lin: [0036], where a cue, which can be an image, sound, or tactile feedback notifies the viewer that a resume point is approaching which indicates the end of the advertisement block and the resumption of the non-advertisement content).
As viewers try to avoid watching ads, networks and local broadcasters are generating lower advertisement revenue per viewer as more viewers adopt ad-avoidance strategies, (Lin: [0008]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Aarts in view of Lin such that during a trick play to avoid unwanted content such as ads, as disclosed by Aarts (Aarts: [0068]), a cue is presented which indicates that non-advertisement content is approaching, (Lin: [0036]). This provides a more effective way to advertise during accelerated media playback, (Lin: [0020]).
Regarding Claim 16, the combined teaching of Aarts and Lin discloses the one or more non-transitory computer-readable media of claim 15, wherein the current segment comprises a commercial scene (Lin: [0021], where accelerated playback occurs during an advertisement block).
Regarding Claim 17, the combined teaching of Aarts and Lin discloses the one or more non-transitory computer-readable media of claim 15, wherein the instructions, when executed, further cause:
causing trick play output of the current segment (Lin: [0021], where accelerated playback occurs during an advertisement block),
wherein the causing output of the subsequent segment of the content item comprises:
causing output of the subsequent segment by aligning a boundary of the subsequent segment with an end of the trick play output of the current segment (Lin: [0036], where the user is notified of an approaching resume point. In a fast-forward operation, for example, the resume point is at the end of the advertisement block and before the resumption of the non-advertisement content).
Regarding Claim 18, the combined teaching of Aarts and Lin discloses the one or more non-transitory computer-readable media of claim 15, wherein a timing of the output of the message is based on a start time of the subsequent segment (Lin: [0036], where a cue notifies the viewer that a resume point is approaching or that the resume point has been reached).
Regarding Claim 19, the combined teaching of Aarts and Lin discloses the one or more non-transitory computer-readable media of claim 15, wherein the user preference indicates that:
the current segment of the content item is objectionable to a user (Aarts: [0048], where the user may indicate their desire to fast forward or skip adverts; [0063], where the system will detect if a user typically fast forwards through adverts and if so will set the user preference profile such that adverts will be automatically fast forwarded/skipped), and
the subsequent segment of the content item is not objectionable to the user (Aarts: [0048], where the user may indicate their desire to fast forward or skip adverts; [0063], where the system will detect if a user typically fast forwards through adverts and if so will set the user preference profile such that adverts will be automatically fast forwarded/skipped).
Regarding Claim 20, the combined teaching of Aarts and Lin discloses the one or more non-transitory computer-readable media of claim 15, wherein the message comprises an audio cue (Lin: [0036], where a cue, which can be an image, sound, or tactile feedback notifies the viewer that a resume point is approaching which indicates the end of the advertisement block and the resumption of the non-advertisement content).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ganuthula, US Pub. 2021/0321168 A1 teaches a video analyzer resource producing metadata classifying different segments of content in the multiple episodes. Based on the metadata, segments are identified in the second episode of the video that are potentially skipped during playback of the second episode to a user following playback of the first episode of the video to the user, ([0006]).
S. Pham, C. Krauss, D. Silhavy and S. Arbanowski, "Personalized dynamic ad insertion with MPEG DASH," 2016 Asia Pacific Conference on Multimedia and Broadcasting (APMediaCast), Bali, Indonesia, 2016, pp. 1-6, doi: 10.1109/APMediaCast.2016.7878162, teach that after an ad is finished the client resumes the playback of the main content, (p. 4).
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.
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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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