Prosecution Insights
Last updated: July 31, 2026
Application No. 19/297,815

Audio Data Selection for Video Matching Using Generative Artificial Intelligence Model

Non-Final OA §DP
Filed
Aug 12, 2025
Priority
Jun 12, 2024 — provisional 63/659,104 +1 more
Examiner
WENDMAGEGN, GIRUMSEW
Art Unit
2484
Tech Center
2400 — Computer Networks
Assignee
Beacon Street Technologies LLC
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 11m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
753 granted / 980 resolved
+18.8% vs TC avg
Strong +21% interview lift
Without
With
+21.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
14 currently pending
Career history
995
Total Applications
across all art units

Statute-Specific Performance

§101
3.7%
-36.3% vs TC avg
§103
66.8%
+26.8% vs TC avg
§102
19.0%
-21.0% vs TC avg
§112
0.5%
-39.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 980 resolved cases

Office Action

§DP
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 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. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims1, 4-13, 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims1, 3-11, 16-19 of U.S. Patent No. 12,444,195. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application. Patent No.12,444,195 Application No.19/297,815 Claim1 recites a method comprising: receiving a video at a video editing system from a client device; extracting a plurality of key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative AI model in a response to the narrative generation prompt; transmitting a tag generation prompt to the generative AI model with the video narrative and text instructions to generate a plurality of descriptor tags; receiving the plurality of descriptor tags from the generative AI model in a response to the tag generation prompt; retrieving a set of songs and a set of scores from an audio tagging system using a query comprising the plurality of descriptor tags; ranking the retrieved set of songs based on the retrieved set of scores; and transmitting the ranked set of songs for display to client device through a video editing interface. Claim1 recites a method comprising: receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative Al model in a response to the narrative generation prompt; generating a query for an audio tagging system based on the received video narrative; retrieving a set of songs and a set of scores from the audio tagging system using the generated query; and transmitting the set of songs for display to client device through a video editing interface. Claim1 recites…transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative AI model in a response to the narrative generation prompt; transmitting a tag generation prompt to the generative AI model with the video narrative and text instructions to generate a plurality of descriptor tags;… Claim4 recites the method of claim 1, generating the query for the audio tagging system comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags. Claim6 recites the method of claim 1, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags. Claim5 recites the method of claim 4, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags. Claim7 recites the method of claim 1, wherein the tag generation prompt comprises the video narrative. Claim6 recites the method of claim 4, wherein the tag generation prompt comprises the video narrative Claim8 recites the method of claim 1, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority. Claim7 recites the method of claim 4, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority. Claim9 recites the method of claim 8, wherein the value is received through a slider user interface element corresponding to the descriptor tag. Claim8 recites the method of claim 7, wherein the value is received through a slider user interface element corresponding to the descriptor tag. Claim3 recites the method of claim 1, wherein extracting the plurality of key frames from the video comprises: receiving a number of key frames to extract from the video from the client device. Claim9 recites the method of claim 1, wherein extracting the one or more of key frames from the video comprises: receiving a number of key frames to extract from the video from the client device. Claim4 recites the method of claim 1, wherein extracting a plurality of key frames from the video comprises: determining how many key frames to extract from the video based on characteristics of the video. Claim10 recites the method of claim 1, wherein extracting one or more key frames from the video comprises: determining how many key frames to extract from the video based on characteristics of the video. Claim5 recites the method of claim 1, wherein the narrative generation prompt comprises metadata for the video. Claim11 recites the method of claim 1, wherein the narrative generation prompt comprises metadata for the video. Claim10 recites the he method of claim 1, further comprising: receiving a selection of a song of the ranked set of songs; and modifying the video to include the selected song. Claim12 recites the method of claim 1, further comprising: receiving a selection of a song of the set of songs; and modifying the video to include the selected song. Claim11 recites a non-transitory computer-readable medium storing instructions that, when executed by a computer system, cause the computer system to perform operations comprising: receiving a video at a video editing system from a client device; extracting a plurality of key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative AI model in a response to the narrative generation prompt; transmitting a tag generation prompt to the generative AI model with the video narrative and text instructions to generate a plurality of descriptor tags; receiving the plurality of descriptor tags from the generative AI model in a response to the tag generation prompt; retrieving a set of songs and a set of scores from an audio tagging system using a query comprising the plurality of descriptor tags; ranking the retrieved set of songs based on the retrieved set of scores; and transmitting the ranked set of songs for display to client device through a video editing interface. Claim13 recites a non-transitory computer-readable medium storing computer-executable instructions that, when executed, cause a processor to perform operations comprising: receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative AI model in a response to the narrative generation prompt; generating a query for an audio tagging system based on the received video narrative; retrieving a set of songs and a set of scores from the audio tagging system using the generated query; transmitting the ranked set of songs for display to client device through a video editing interface. Claim11 recites a non-transitory computer-readable medium … transmitting a tag generation prompt to the generative AI model with the video narrative and text instructions to generate a plurality of descriptor tags; receiving the plurality of descriptor tags from the generative AI model in a response to the tag generation prompt; retrieving a set of songs and a set of scores from an audio tagging system using a query comprising the plurality of descriptor tags… Claim16 recites the computer-readable medium of claim 13, generating the query for the audio tagging system comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags. Claim16 recites the computer-readable medium of claim 11, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags. Claim17 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags. Claim17 recites the computer-readable medium of claim 11, wherein the tag generation prompt comprises the video narrative. Claim18 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises the video narrative. Claim18 recites the computer-readable medium of claim 11, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority Claim19 recites he computer-readable medium of claim 16, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority. Claim19 recites the computer-readable medium of claim 18, wherein the value is received through a slider user interface element corresponding to the descriptor tag. Claim20 recites the computer-readable medium of claim 19, wherein the value is received through a slider user interface element corresponding to the descriptor tag. Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/367,541. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the co-pending application anticipates the claims of the present application. Application No.19/297,815 Co-pending Application No.19/367,541 Claim1 recites a method comprising: receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative Al model in a response to the narrative generation prompt; generating a query for an audio tagging system based on the received video narrative; retrieving a set of songs and a set of scores from the audio tagging system using the generated query; and transmitting the set of songs for display to client device through a video editing interface. Claim1 recites a method comprising: receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative Al model in a response to the narrative generation prompt; generating a query for an audio tagging system based on the received video narrative; retrieving a set of songs and a set of scores from the audio tagging system using the generated query; ranking the retrieved set of songs based on the retrieved set of scores; and transmitting the ranked set of songs for display to client device through a video editing interface. Claim2 recites the method of claim 1, generating the query for the audio tagging system comprises: generating a description generation prompt for a generative AI model, wherein the description generation prompt comprises instructions for the generative AI model to generate a natural language description describing music that may be relevant to the video; and generating the query based on the natural language description. Claim2 recites the method of claim 1, generating the query for the audio tagging system comprises: generating a description generation prompt for a generative AI model, wherein the description generation prompt comprises instructions for the generative AI model to generate a natural language description describing music that may be relevant to the video; and generating the query based on the natural language description. Claim3 recites the method of claim 2, wherein the description generation prompt comprises a plurality of tags generated by the video editing system using a tag generation prompt. Claim3 recites the method of claim 2, wherein the description generation prompt comprises a plurality of tags generated by the video editing system using a tag generation prompt. Claim4 recites the method of claim 1, generating the query for the audio tagging system comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags. Claim4 recites the method of claim 1, generating the query for the audio tagging system 4. comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags. Claim5 recites the method of claim 4, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags. Claim5 recites the method of claim 4, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags. Claim6 recites the method of claim 4, wherein the tag generation prompt comprises the video narrative. Claim6 recites the method of claim 4, wherein the tag generation prompt comprises the video narrative Claim7 recites the method of claim 4, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority. Claim7 recites the method of claim 4, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority. Claim8 recites the method of claim 7, wherein the value is received through a slider user interface element corresponding to the descriptor tag. Claim8 recites the method of claim 7, wherein the value is received through a slider user interface element corresponding to the descriptor tag. Claim9 recites the method of claim 1, wherein extracting the one or more of key frames from the video comprises: receiving a number of key frames to extract from the video from the client device. Claim9 recites the method of claim 1, wherein extracting the one or more of key frames from 9. the video comprises: receiving a number of key frames to extract from the video from the client device. Claim10 recites the method of claim 1, wherein extracting one or more key frames from the video comprises: determining how many key frames to extract from the video based on characteristics of the video. Claim10 recites the method of claim 1, wherein extracting one or more key frames from the video comprises: determining how many key frames to extract from the video based on characteristics of the video. Claim11 recites the method of claim 1, wherein the narrative generation prompt comprises metadata for the video. Claim11 recites the method of claim 1, wherein the narrative generation prompt comprises metadata for the video. Claim12 recites the method of claim 1, further comprising: receiving a selection of a song of the ranked set of songs; and modifying the video to include the selected song. Claim12 recites the method of claim 1, further comprising: receiving a selection of a song of the ranked set of songs; and modifying the video to include the selected song. Claim13 recites a non-transitory computer-readable medium storing computer-executable 13. instructions that, when executed, cause a processor to perform operations comprising: receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative AI model in a response to the narrative generation prompt; generating a query for an audio tagging system based on the received video narrative; retrieving a set of songs and a set of scores from the audio tagging system using the generated query; and transmitting the set of songs for display to client device through a video editing interface. Claim13 recites a non-transitory computer-readable medium storing computer-executable 13. instructions that, when executed, cause a processor to perform operations comprising: receiving a video at a video editing system from a client device; extracting one or more key frames from the video using a key frame extraction algorithm; transmitting a narrative generation prompt to a generative AI model, wherein narrative generation prompt comprises the extracted key frames and text instructions to identify a video narrative for the video; receiving the video narrative from the generative AI model in a response to the narrative generation prompt; generating a query for an audio tagging system based on the received video narrative; retrieving a set of songs and a set of scores from the audio tagging system using the generated query; ranking the retrieved set of songs based on the retrieved set of scores; and transmitting the ranked set of songs for display to client device through a video editing interface. Claim14 recites the computer-readable medium of claim 13, generating the query for the audio tagging system comprises: generating a description generation prompt for a generative AI model, wherein the description generation prompt comprises instructions for the generative AI model to generate a natural language description describing music that may be relevant to the video; and generating the query based on the natural language description. Claim14 recites the computer-readable medium of claim 13, generating the query for the audio tagging system comprises: generating a description generation prompt for a generative AI model, wherein the description generation prompt comprises instructions for the generative AI model to generate a natural language description describing music that may be relevant to the video; and generating the query based on the natural language description. Claim15 recites the computer-readable medium of claim 14, wherein the description generation prompt comprises a plurality of tags generated by the video editing system using a tag generation prompt. Claim15 recites the computer-readable medium of claim 14, wherein the description generation prompt comprises a plurality of tags generated by the video editing system using a tag generation prompt. Claim16 recites the computer-readable medium of claim 13, generating the query for the audio tagging system comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags. Claim16 recites the computer-readable medium of claim 13, generating the query for the audio tagging system comprises: generating a tag generation prompt for a generative AI model, wherein the tag generation prompt comprises instructions for the generative AI model to generate a plurality of descriptor tags describing music that may be relevant to the video; and generating the query based on the plurality of descriptor tags. Claim17 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags. Claim17 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises a candidate list of descriptor tags and the text instructions instruct the generative AI model to select from the candidate list of descriptor tags to generate the plurality of descriptor tags. Claim18 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises the video narrative. Claim18 recites the computer-readable medium of claim 16, wherein the tag generation prompt comprises the video narrative. Claim19 recites he computer-readable medium of claim 16, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority. Claim19 recites he computer-readable medium of claim 16, wherein retrieving the set of songs comprises: receiving, through the video editing interface, a value indicating a priority of a descriptor tag of the plurality of descriptor tags; and generating the query by generating a set of duplicates of the descriptor tag based on the indicated priority. Claim20 recites the computer-readable medium of claim 19, wherein the value is received through a slider user interface element corresponding to the descriptor tag. Claim20 recites the computer-readable medium of claim 19, wherein the value is received through a slider user interface element corresponding to the descriptor tag. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIRUMSEW WENDMAGEGN whose telephone number is (571)270-1118. The examiner can normally be reached 9:00-7:00 PM. 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, Thai Tran can be reached at (571) 272-7382. 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. GIRUMSEW WENDMAGEGN Primary Examiner Art Unit 2484 /GIRUMSEW WENDMAGEGN/ Primary Examiner, Art Unit 2484
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Prosecution Timeline

Aug 12, 2025
Application Filed
May 13, 2026
Response after Non-Final Action
Jul 01, 2026
Non-Final Rejection mailed — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
77%
Grant Probability
98%
With Interview (+21.3%)
2y 11m (~1y 11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 980 resolved cases by this examiner. Grant probability derived from career allowance rate.

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