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 .
Claims 2 – 21 are pending.
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 2 – 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 7 of U.S. Patent No. 10,949,458. Although the claims at issue are not identical, they are not patentably distinct from each other because of the mapping below:
Current Application 19/364,521
US Patent No. 10,949,458
2. (New) A system comprising: one or more processors; and one or more non-transitory machine-readable storage media storing instructions that when executed by the one or more processors, cause the one or more processors to perform operations including:
receiving an unknown content identifiers corresponding to unknown media segment being displayed by a media system;
searching a real-time database using the unknown content identifiers, wherein the real-time database stores a first set of known content identifiers associated with a first set of known media segments, and wherein the first set of known media segments is associated with contextually-related data;
identifying the unknown media segment in response to determining that the unknown content identifiers corresponds to known content identifiers associated with a particular known media segment of the real-time database;
facilitating a presentation, by the media system, of contextually-related data associated with the particular known media segment of the real-time database;
searching a non-real-time database using the unknown content identifiers in response to determining that the unknown content identifiers do not correspond to known content identifiers in the real-time database; and
identifying the unknown media segment in response to determining that the unknown content identifiers corresponds to known content identifiers associated with a particular known media segment of the non-real-time database.
1. A system comprising: one or more processors; and one or more non-transitory machine-readable storage media containing instructions which when executed on the one or more processors, cause the one or more processors to perform operations including:
receiving a plurality of known media content, wherein the plurality of known media content has associated known content identifiers;
storing the known content identifiers associated with the plurality of known media content in a non-real-time database;
determining a subset of the plurality of known media content, the known media content in the determined subset having associated contextually-related data;
storing known content identifiers associated with the subset of the plurality of known media content in a real-time database, wherein the known content identifiers associated with the determined subset are stored in the real-time database based on the known media content in the determined subset having the associated contextually-related data, and wherein the real-time database is searched for matching unknown content identifiers before the non-real-time database is searched;
receiving unknown content identifiers corresponding to unknown media content being displayed by a media system;
searching the real-time database using the unknown content identifiers to determine whether the unknown content identifiers correspond to known content identifiers associated with the subset of the plurality of known media content in the real-time database;
selecting known media content associated with the corresponding known content identifiers from the real-time database and identifying the unknown media content as the selected known media content from the real-time database, when the unknown content identifiers correspond to known content identifiers in the real-time database;
searching the non-real-time database using the unknown content identifiers when the unknown content identifiers do not correspond to known content identifiers in the real-time database; and
selecting known media content associated with known content identifiers from the non-real-time database corresponding to the unknown content identifiers and identifying the unknown media content as the selected known media content from the non-real-time database.
3. (New) The system of claim 2, wherein the real-time database is searched before the non-real-time database.
1. A system comprising: one or more processors; and one or more non-transitory machine-readable storage media containing instructions which when executed on the one or more processors, cause the one or more processors to perform operations including:
receiving a plurality of known media content, wherein the plurality of known media content has associated known content identifiers;
storing the known content identifiers associated with the plurality of known media content in a non-real-time database;
determining a subset of the plurality of known media content, the known media content in the determined subset having associated contextually-related data;
storing known content identifiers associated with the subset of the plurality of known media content in a real-time database, wherein the known content identifiers associated with the determined subset are stored in the real-time database based on the known media content in the determined subset having the associated contextually-related data, and wherein the real-time database is searched for matching unknown content identifiers before the non-real-time database is searched;
receiving unknown content identifiers corresponding to unknown media content being displayed by a media system;
searching the real-time database using the unknown content identifiers to determine whether the unknown content identifiers correspond to known content identifiers associated with the subset of the plurality of known media content in the real-time database;
selecting known media content associated with the corresponding known content identifiers from the real-time database and identifying the unknown media content as the selected known media content from the real-time database, when the unknown content identifiers correspond to known content identifiers in the real-time database;
searching the non-real-time database using the unknown content identifiers when the unknown content identifiers do not correspond to known content identifiers in the real-time database; and
selecting known media content associated with known content identifiers from the non-real-time database corresponding to the unknown content identifiers and identifying the unknown media content as the selected known media content from the non-real-time database.
4. (New) The system of claim 2, wherein the operations further include: calculating statistics using the particular known media segment from the non-real-time database, when the unknown content identifiers do not correspond to known content identifiers in the real-time database.
3. The system of claim 1, wherein the operations further include: calculating statistics using the selected known media content from the non-real-time database, when the unknown content identifiers do not correspond to known content identifiers in the real-time database.
5. (New) The system of claim 2, wherein the unknown content identifiers comprise at least one of a sample of pixel data or a sample of audio data of the unknown media segment.
4. The system of claim 1, wherein the unknown content identifiers comprise at least one of a sample of pixel data or a sample of audio data of the unknown media content being displayed by the media system.
6. (New) The system of claim 2, wherein the operations further include: determining an offset time associated with the unknown media segment using the unknown content identifiers and the known content identifiers associated with the particular known media segment of the real-time database.
5. The system of claim 1, wherein the operations further include: determining an offset time associated with the unknown media content using the unknown content identifiers and the known content identifiers associated with the selected known media content.
7. (New) The system of claim 2, wherein the one or more processors and the one or more non-transitory machine-readable storage media are comprised in the media system.
6. The system of claim 1, wherein the one or more processors and the one or more non-transitory machine-readable storage media are comprised in the media system.
8. (New) The system of claim 2, wherein the one or more processors and the one or more non-transitory machine-readable storage media are comprised in a server located remotely from the media system.
7. The system of claim 1, wherein the one or more processors and the one or more non-transitory machine-readable storage media are comprised in a server located remotely from the media system.
Claims 9 – 15 are rejected using similar mapping to the rejection of claims 2 – 8 above.
Claims 16 – 21 are rejected using similar mapping to the rejection of claims 2 – 7 above.
Claims 2, 3, 7, 9, 10, 14, 16, 17 and 21 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,321,377. Although the claims at issue are not identical, they are not patentably distinct from each other because of the mapping below:
Current Application 19/364,521
US Patent No. 12,321,377
2. (New) A system comprising: one or more processors; and one or more non-transitory machine-readable storage media storing instructions that when executed by the one or more processors, cause the one or more processors to perform operations including:
receiving an unknown content identifiers corresponding to unknown media segment being displayed by a media system;
searching a real-time database using the unknown content identifiers, wherein the real-time database stores a first set of known content identifiers associated with a first set of known media segments, and wherein the first set of known media segments is associated with contextually-related data;
identifying the unknown media segment in response to determining that the unknown content identifiers corresponds to known content identifiers associated with a particular known media segment of the real-time database;
facilitating a presentation, by the media system, of contextually-related data associated with the particular known media segment of the real-time database;
searching a non-real-time database using the unknown content identifiers in response to determining that the unknown content identifiers do not correspond to known content identifiers in the real-time database; and
identifying the unknown media segment in response to determining that the unknown content identifiers corresponds to known content identifiers associated with a particular known media segment of the non-real-time database.
1. A system comprising: one or more processors; and one or more non-transitory machine-readable storage media containing instructions which when executed on the one or more processors, cause the one or more processors to perform operations including:
storing a first set of known content identifiers associated with a first subset of known media content in a non-real-time database;
storing a second set of known content identifiers associated with a second subset of known media content in a real-time database, wherein the second set of known content identifiers are stored in the real-time database based on the second subset of known media content having associated contextually-related data;
receiving unknown content identifiers corresponding to unknown media content being displayed by a media system;
searching the real-time database using the unknown content identifiers to determine whether the unknown content identifiers correspond to known content identifiers associated with the second subset of known media content of the real-time database, wherein the real-time database is searched for matching unknown content identifiers before the non-real-time database is searched;
selecting known media content associated with known content identifiers of the real-time database based on the unknown content identifiers corresponding to the known content identifiers in the real-time database; and facilitating substitution of the unknown media content using contextually-related data associated with the selected known media content.
4. The system of claim 1, wherein the operations further comprise:
receiving additional unknown content identifiers corresponding to additional unknown media content being displayed by a media system;
searching the real-time database using the additional unknown content identifiers to determine whether the additional unknown content identifiers correspond to known content identifiers associated with the second subset of known media content in the real-time database;
searching the non-real-time database using the additional unknown content identifiers when the additional unknown content identifiers do not correspond to known content identifiers of the second set of known content identifiers of the real-time database;
selecting additional known media content associated with known content identifiers of the first set of known content identifiers of the non-real-time database; and
identifying the additional unknown media content as the selected additional known media content from the non-real-time database.
3. (New) The system of claim 2, wherein the real-time database is searched before the non-real-time database.
1. A system comprising: one or more processors; and one or more non-transitory machine-readable storage media containing instructions which when executed on the one or more processors, cause the one or more processors to perform operations including:
storing a first set of known content identifiers associated with a first subset of known media content in a non-real-time database;
storing a second set of known content identifiers associated with a second subset of known media content in a real-time database, wherein the second set of known content identifiers are stored in the real-time database based on the second subset of known media content having associated contextually-related data;
receiving unknown content identifiers corresponding to unknown media content being displayed by a media system;
searching the real-time database using the unknown content identifiers to determine whether the unknown content identifiers correspond to known content identifiers associated with the second subset of known media content of the real-time database, wherein the real-time database is searched for matching unknown content identifiers before the non-real-time database is searched;
selecting known media content associated with known content identifiers of the real-time database based on the unknown content identifiers corresponding to the known content identifiers in the real-time database; and facilitating substitution of the unknown media content using contextually-related data associated with the selected known media content.
4. The system of claim 1, wherein the operations further comprise:
receiving additional unknown content identifiers corresponding to additional unknown media content being displayed by a media system;
searching the real-time database using the additional unknown content identifiers to determine whether the additional unknown content identifiers correspond to known content identifiers associated with the second subset of known media content in the real-time database;
searching the non-real-time database using the additional unknown content identifiers when the additional unknown content identifiers do not correspond to known content identifiers of the second set of known content identifiers of the real-time database;
selecting additional known media content associated with known content identifiers of the first set of known content identifiers of the non-real-time database; and
identifying the additional unknown media content as the selected additional known media content from the non-real-time database.
7. (New) The system of claim 2, wherein the one or more processors and the one or more non-transitory machine-readable storage media are comprised in the media system.
1. A system comprising: one or more processors; and one or more non-transitory machine-readable storage media containing instructions which when executed on the one or more processors, cause the one or more processors to perform operations including:
storing a first set of known content identifiers associated with a first subset of known media content in a non-real-time database;
storing a second set of known content identifiers associated with a second subset of known media content in a real-time database, wherein the second set of known content identifiers are stored in the real-time database based on the second subset of known media content having associated contextually-related data;
receiving unknown content identifiers corresponding to unknown media content being displayed by a media system;
searching the real-time database using the unknown content identifiers to determine whether the unknown content identifiers correspond to known content identifiers associated with the second subset of known media content of the real-time database, wherein the real-time database is searched for matching unknown content identifiers before the non-real-time database is searched;
selecting known media content associated with known content identifiers of the real-time database based on the unknown content identifiers corresponding to the known content identifiers in the real-time database; and facilitating substitution of the unknown media content using contextually-related data associated with the selected known media content.
4. The system of claim 1, wherein the operations further comprise:
receiving additional unknown content identifiers corresponding to additional unknown media content being displayed by a media system;
searching the real-time database using the additional unknown content identifiers to determine whether the additional unknown content identifiers correspond to known content identifiers associated with the second subset of known media content in the real-time database;
searching the non-real-time database using the additional unknown content identifiers when the additional unknown content identifiers do not correspond to known content identifiers of the second set of known content identifiers of the real-time database;
selecting additional known media content associated with known content identifiers of the first set of known content identifiers of the non-real-time database; and
identifying the additional unknown media content as the selected additional known media content from the non-real-time database.
Claims 9, 10 and 14 are rejected using similar mapping to claims 2, 3 and 7 above.
Claims 16, 17 and 21 are rejected using similar mapping to claims 2, 3 and 7 above.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 2 – 21 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,346,512 B2 issued to Wang et al (hereinafter Wang).
As to claim 2, Wang discloses a system comprising:
one or more processors (processors, see Wang: Col. 7 lines 16 - 63); and
one or more non-transitory machine-readable storage media storing instructions that when executed by the one or more processors (computer memory storing instructions, see Wang: Col. 7 lines 16 - 63), cause the one or more processors to perform operations including:
receiving an unknown content identifiers corresponding to unknown media segment being displayed by a media system (unknown media sample fingerprints are received, see Wang: Col. 3 lines 50 – 60);
searching a real-time database using the unknown content identifiers, wherein the real-time database stores a first set of known content identifiers associated with a first set of known media segments, and wherein the first set of known media segments is associated with contextually-related data (searching for fingerprints of the unknown media sample in the database index stored in ram, see Wang: Col. 7 line 16 – Col. 8 line 28, and Col. 16 line 9 – 38, and fingerprints are stored with landmark and sound_ID for the audio samples, see Wang: Col. 14 line 47 – Col. 15 line 27);
identifying the unknown media segment in response to determining that the unknown content identifiers correspond to known content identifiers associated with a particular known media segment of the real-time database (matching the unknown media sample’s fingerprints to known fingerprints in the database index, see Wang: Col. 16 lines 9 – 38);
facilitating a presentation, by the media system, of contextually-related data associated with the particular known media segment of the real-time database (presenting a candidate list for identification with exogenous sound sample, see Wang: Col. 16 lines 9 - 38);
searching a non-real-time database using the unknown content identifiers in response to determining that the unknown content identifiers do not correspond to known content identifiers in the real-time database (if no match is found, additional index search is performed and then all files are diagonal line scanned for matches, see Wang: Col. 18 line 58 – Col. 19 line 44); and
identifying the unknown media segment in response to determining that the unknown content identifiers corresponds to known content identifiers associated with a particular known media segment of the non-real-time database (identifying matches after the full diagonal line scan, see Wang: Col. 18 line 58 – Col. 19 line 44).
As to claim 3, Wang discloses the system of claim 2, wherein the real-time database is searched before the non-real-time database (first segment of database index is searched, then the rest of the segments and then full diagonal line scan on all files of database, see Wang: Col. 18 line 58 – Col. 19 line 44).
As to claim 4, Wang discloses the system of claim 2, wherein the operations further include: calculating statistics using the particular known media segment from the non-real-time database, when the unknown content identifiers do not correspond to known content identifiers in the real-time database (use of fingerprints, landmarks and determination of time evolutions to determine similar but not identical matches and additional use of time stretching and diagonal line scan of scatter plot of sample data, see Wang: Col. 16 line 39 – Col. 18 line 38).
As to claim 5, Wang discloses the system of claim 2, wherein the unknown content identifiers comprise at least one of a sample of pixel data or a sample of audio data of the unknown media segment (fingerprints are computed by analysis of audio samples, see Wang: Col. 4 lines 26 – 36).
As to claim 6, Wang discloses the system of claim 2, wherein the operations further include: determining an offset time associated with the unknown media segment using the unknown content identifiers and the known content identifiers associated with the particular known media segment of the real-time database (determination of time offset for the unknown sample and use in comparison to landmarks of known samples, see Wang: Col. 16 line 39 – Col. 18 line 38).
As to claim 7, Wang discloses the system of claim 2, wherein the one or more processors and the one or more non-transitory machine-readable storage media are comprised in the media system (processors and computer memory storing instructions of the media recognition system, see Wang: Col. 7 lines 16 - 63).
As to claim 8, Wang discloses the system of claim 2, wherein the one or more processors and the one or more non-transitory machine-readable storage media are comprised in a server located remotely from the media system (processing devices can be a remote terminal, see Wang: Col. 7 line 64 – Col. 8 line 28).
Claims 9 – 15 are rejected using similar rationale to the rejection of claims 2 – 8 above.
Claims 16 – 21 are rejected using similar rationale to the rejection of claims 2 – 7 above.
Conclusion
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/MARK E HERSHLEY/Primary Examiner, Art Unit 2164
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