www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`18/014,873
`
`01/06/2023
`
`Yuta Nakao
`
`880001-6845-US01
`
`2403
`
`MICHAEL BEST & FRIEDRICH LLP (SONY)
`790 N WATER ST
`SUITE 2500
`
`MILWAUKEE, WI 53202
`
`HUYNH, AN SON PHI
`
`2426
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/27/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`DCipdocket @ michaelbest.com
`ajheins @ michaelbest.com
`mtanaka @ michaelbest.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`18/014,873
`Examiner
`AN SON P HUYNH
`
`Applicant(s)
`Nakaoet al.
`Art Unit
`2426
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 12/12/2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-21 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-21 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11) The drawing(s) filed on 1/6/2023 is/are: a)) accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20241220
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`underthe first inventor to file provisions of the AIA.
`
`Responseto Arguments
`
`2.
`
`Applicant’s arguments with respect to claims 1-21 have been considered but are
`
`moot as discussed in the new ground of rejection below.
`
`Applicant argues Faibish, Michelsen and Dengfails to disclose “the negative
`
`content is automatically determined by image processing to detect a user condition in
`
`the material content,” as recited in amended claims 1, 10-11 (pages 8-9). This argument
`
`is respectfully traversed.
`
`Mickelsen, andits fully incorporated by reference Ser. No. 13/691,557-
`
`corresponding to US 20130205314 -hereinafter referred to as Ramaswamy,discloses
`
`viewer behavior is monitored by analyzing data captured by the camera 522 and/or
`
`camera 524. The monitoring viewer engagement based on analysis of captured video of
`
`viewerincluding viewer gesture, facial expression of a frown of a viewer, negative
`
`gesture, a hand gestureof a fist or a punching motion may be associated with disfavor
`
`of a particular team or content being presented (see include, but are notlimited to,
`
`Michelsen: paragraphs 0077, 0078, 0080, 0089; Ramaswamy: paragraphs 0027, 0031,
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 3
`
`034, 0053-0054). Thus, Mickelsen discloses “the disliked or disfavored content is
`
`automatically determined by image processing to detect a user condition in the material
`
`content” (disliked content or disfavored content is automatically determined by image
`
`processing of captured image to detect a user condition such asfist pumping, face
`
`expression of frown, etc. in the material video).
`
`Therefore, the combination of the references disclosesall claimed limitation
`
`including “the negative content is automatically determined by image processing to
`
`detect a user condition in the material content,”.
`
`It is also noted that the teaching of “the negative content is automatically
`
`determined by image processing to detect a user condition in the material content,”is
`
`well-knownin the art. See for example, US 20210029406 (paragraph 0028); US
`
`20160366203 (paragraphs 0037, 0038, 0048); US 20170134793 (paragraphs 0044,
`
`0070); US 20160366203 (paragraph 0084).
`
`For the reasons given above,rejections of claims 1-21 are discussed bellowed.
`
`Examiner’s Note
`
`Once again, it is noted that non-functional descriptive material does not patentably
`
`distinguish overprior art that otherwise renders the claims unpatentable. See for
`
`example, MPEP 2111.05, MPEP 2112.01/(III). See also In re Ngai, 367 F.3d 1336, 1339
`
`(Fed. Cir. 2004); Exparte Nehls, 88 USPQ2d 1883, 1887-90 (BPAI 2008) (precedential)
`
`(discussing cases pertaining to non-functional descriptive material) see also BPAI’s
`
`decision in Appeal 2009-010851 (for Ser. No. 10/622,876) or BPAI’s decision in Appeal
`
`2011-011929 (for Ser. No. 11/709,170), pages 6-7.
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 4
`
`In this case, a particular type of information such as “negative scene contents’,
`
`“positive scene contents”, “negative content’, “positive content” could be considered as
`
`non-functional descriptive material and are not required to give patentable weight
`
`because theseparticular types of data do not functionally change the structure or
`
`operation of a system of storage two typesof content. The limitations “negative scene
`n
`tt
`n
`tt
`positive scene contents’, “negative content’, “positive content” are only
`contents’,
`
`given patentable weightof different types of content.
`
`Although non-functional descriptive material are not required to be considered, all
`
`claim limitations including non-functional descriptive material are knownbyprior art as
`
`discussed below.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`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-AlA) for the rejection will
`
`not be considered a new ground ofrejection if the prior art relied upon, and the rationale
`
`supporting the rejection, would be the same undereither status.
`
`4.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basisfor 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 effectivefiling date of the claimed invention to a person having
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 5
`
`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.
`
`5.
`
`Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Faibish et al. (US 10445289) in view of Michelsen (US 20170264920) and furtherin
`
`view of Deng et al. (US 20190026274).
`
`Note: Ser. No. 13/691,557 (corresponding to US 20130205314 -referred to as
`
`Ramaswamy)is incorporated by referencein its entirety in Michelsen (see para. 0077)
`
`is treated as part of the specification of Michelsen (see for example, MPEP 2163.07 b).
`
`Regarding claim 1, Faibish discloses an information processing apparatus (figures 1, 5)
`
`comprising:
`
`a memory storing a program (memory 510, storage medium -— seeinclude, but
`
`are notlimited to, figures 1, 5, col. 6, line 49-col. 7, line 27);
`
`a processor configured to execute the program to perform operations (processor
`
`520 configured to execute computer readableinstructions/software - — see include, but
`
`are notlimited to, figures 1, 5, col. 6, line 49-col. 7, line 27) comprising:
`
`receiving material content from an imaging device (receiving material content
`
`from a content source device — see include, but are notlimited to, figures 1, 5);
`
`storing disfavored content, the disfavored content being automatically determined
`
`as contents among the material content, the disfavored content being distinguishable
`
`from other material content (storing disfavored content, the disfavored content being
`
`automatically determined as contents among material content based on usage, the
`
`disfavored content being distinguishable from other material content such as primary
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 6
`
`instance/content— see include, but are notlimited to, figures 1-3, 5, col. 2, lines 16-50,
`
`col. 3, lines 5-20, col. 4, line 47-col. 5, line 35);
`
`storing and managing the other material content according to a first storage
`
`designation (storing and managing favor content/primary instance according toafirst
`
`storage designation such as primary storage system in first storage device 1201— see
`
`include, but are notlimited to, figures 1-5, col. 3, lines 5-20, col. 4, line 66-col. 5, line
`
`27);
`
`storing the disfavored instance/content according to a second storage
`
`designation different from the first designation (storing the disfavored content according
`
`to a second storage designation such asin archive storage 125 or storage 165 or Nth
`
`storage device 120n,that is different from the primary storage device 1201— seeinclude,
`
`but are notlimited to, figures 1-4, col. 3, lines 5-20, col. 4, line 66-col. 5, line 27 ),
`
`wherein disfavored content is determined byat least one of reference to
`
`metadata in the material content (disfavored content is determined by at least one of
`
`reference to attribute, keyword or other metadata of the content or stub of the
`
`disfavored content of archived content — see discussion in “response to arguments”
`
`above and include, but are notlimited to, col. 4, lines 49-67, col. 5, lines 27-32).
`
`Faibish does notexplicitly disclose the claim term “negative” content determined
`
`as “negative” scene contents, material content and other material content of the material
`
`contentof the material content constituting the story.
`
`Additionally and/or alternatively, Michelsen discloses receiving material content
`
`from an imaging device (receiving video content from an imaging device such as
`
`camera — see include, but are notlimited to, figures 2-5, paragraphs 0039, 0049, 0068);
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 7
`
`disfavored content being automatically determined as disfavored contents
`
`among material content constituting a story, the disfavored content being
`
`distinguishable from other material content of the material content constituting the story
`
`(disfavored content is automatically determined as disfavored portion/scene of a sport
`
`program, the disfavored content being distinguishable from other material
`
`content/favored content of the material content of the sport program — seeinclude, but
`
`are notlimited to, figures 5-6, paragraphs 0004, 0039, 0104-106, 0108);
`
`Mickelsen also discloses disfavored content is automatically determined by
`
`image processing to detect a user condition in the material content (e.g., disfavored
`
`contentoffirst team is automatically determined by image processing of captured
`
`image/image of to detect a user condition of disfavor, fist pumping, facial expression of
`
`frown, etc. in the material content — see include, but are notlimited to, paragraphs 0046,
`
`0056, 0062, 0077-0078, 0080, 0087, 0089, 0096; Ramaswamy: paragraphs 0027, 0031,
`
`034, 0053-0054 and discussion in “response to arguments” above).
`
`Therefore, it would have been obvious to oneof ordinary skill in the art before the
`
`effectivefiling date of the claimed invention to modify Faibish with the teachings
`
`including content is automatically determined as disfavored/disliked contents among
`
`material content constituting a story, the disfavored/disliked content being
`
`distinguishable from other material content of the material content constituting the story;
`
`the disliked/disfavored content is automatically determined by image processing to
`
`detect user condition in the material content as taught by Michelsen in order to yield
`
`predictable result of presenting only selected segments/scenesof a sporting
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 8
`
`event/program that has a higher degree of enjoyment to the viewing fan, regardless of
`
`their bias towards one team or other (paragraphs0007-0008).
`
`Deng discloses negative content automatically determined as negative scene
`
`contents among material content constituting a story, the negative content being
`
`distinguishable from other material content (negative content automatically determined
`
`as negative scene contents is read on automatically determines piece of content
`
`contains feature related to negative consumption (disliked content) thatis
`
`distinguishable with other material with feature related to positive consumption/liked
`
`content — see include, but are notlimited to, figures 3A-4, 7, paragraphs 0025, 0044,
`
`0051), wherein negative content is automatically determined by at least one of
`
`reference to metadata (e.g., feature, label of the first piece of content that not consumed
`
`or negative content) in the material content (see include, but are notlimited to,
`
`paragraphs 0006, 0023, 0026, 0047-0048, 0061).
`
`Therefore, it would have been obvious to oneof ordinary skill in the art before the
`
`effective filing date of the claimed invention to modify Faibish with the teaching including
`
`“negative” content determined as “negative” scene contents as taught by Deng in order
`
`to yield predicable result of providing users user preferred recommendations
`
`(paragraphs 0005, 0025).
`
`Regarding claim 2, Faibish in view of Michelsen and Deng discloses the information
`
`processing apparatus according to claim 1, wherein the other material content includes
`
`positive content determined as positive scene contents (other material content includes
`
`favor/positive content determined as favored/interest/positive scene/liked contents — see
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 9
`
`include, but are notlimited to, Faibish: col. 5, lines 10-25; Michelsen: paragraphs 0017,
`
`0049, 0054, 0058; Deng: figures 3A-4, 7, paragraphs 0025, 0044, 0051).
`
`Regarding claim 3, Faibish in view of Michelsen and Deng discloses the information
`
`processing apparatus according to claim 1, wherein the first storage designation is
`
`carried out in a first storage device (primary storage device 1201) and the second
`
`storage designation is carried out in a second storage device (archive storage/storage
`
`device 120n) different from the first storage device (1201) - see include, but are not
`
`limited to, figures 1-4, col. 3, lines 5-20, col. 4, line 66-col. 5, line 27; Deng: figures 1,
`
`SA-4, 7, paragraphs 0025, 0044, 0051).
`
`Regarding claim 4, Faibish in view of Michelsen and Deng discloses the information
`
`processing apparatus according to claim 3, wherein the first storage designation is
`
`managedto permit access of the other material content by a user (manage to permit
`
`accessof primary instance by a user), and the second storage designation is managed
`
`to restrict access of the negative content by the user and to permit access of the
`
`negative content by an administrator (restrict access of the disfavored content by user
`
`and to permit accessof the disfavored content by owneror authorized person — see
`
`include, but are notlimited to, Faibish: figure 4, col. 5, line 10-col. 6, line 47).
`
`Regarding claim 5, Faibish in view of Michelsen and Deng discloses the information
`
`processing apparatus according to claim 3, wherein the second storage device includes
`
`an access speedthatis slower than that of the first storage device (primary contentis
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 10
`
`stored in fast devices and disfavored is stored in slower devices— see include, but are
`
`notlimited to, Faibish: col. 2, line 65-col. 3, line 20; Deng: figures 1, 3A-4, paragraphs
`
`0047, 0051).
`
`Regarding claim 6, Faibish in view of Michelsen and Deng disclosesthe information
`
`processing apparatus according to claim 3, wherein the first storage device is
`
`configured to accessvia a first network (network to storage 1201), and the second
`
`storage device is configured to access via a second network (webserver, or network
`
`that connects with the storage 125, 165, 122, 120N that stores disfavored content - see
`
`include, but are notlimited to, Faibish: figures 1, 4; Deng: figures 1, 3A-4, 7).
`
`Regarding claim 7, Faibish in view of Michelsen and Deng discloses the information
`
`processing apparatus according to claim 1, wherein the first and second storage
`
`designations respectively have different hierarchical managementstates (see include,
`
`but are notlimited to, Faibish: figures 1-4, col. 2, line 22-col. 3, line 20, col. 4, line 65-
`
`col. 5, line 42; Deng: figures 1, 3A-4, 7-8, paragraphs 0025, 0044, 0051).
`
`Regarding claim 8, Faibish in view of Michelsen and Deng discloses the information
`
`processing apparatus according to claim 1, wherein the operations further comprise:
`
`determining that the negative contentis related to positive content determined as
`
`positive scene contents ( e.g., determining negative/disliked/disfavored content
`
`(involving particular feature) that is related to positive content determined as favored or
`
`positive scene content/recommendedportion content of the program/event-seeinclude,
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 11
`
`but are notlimited to, Michelsen: figures 4, 6, paragraphs 0049, 0054; Deng: figures 1,
`
`3A-4, 7, paragraphs 0023, 0025, 0044, 0048, 0051).
`
`Regarding claim 9, Faibish in view of Michelsen and Deng discloses the information
`
`processing apparatus according to claim 1, wherein the operations further comprise:
`
`setting the negative content as material content that can be used as candidate content
`
`for content automatic production processing in responseto determining that the
`
`negative contentis related to positive content determined as positive scene contents
`
`(set negative content as material that can be used as recommended contentfor content
`
`automatic reproduction in responseto determining that the negative content is related to
`
`positive content predetermined as positive scene contents whenthe feature of non-
`
`selected/negative content is revised/modified — Michelsen: figures 4, 6, paragraphs
`
`0049, 0054; Deng: figures 1, 3A-4, 7, paragraphs 0023, 0025, 0044, 0048, 0051).
`
`Regarding claim 10, limitations of information processing method that correspond to the
`
`limitations of information processing apparatus in claim 1 are analyzed as discussedin
`
`the rejection of claim 1. Particularly, Faibish in view of Michelsen and Deng discloses an
`
`information processing method comprising:
`
`receiving material content from an imaging device;
`
`storing negative content, the negative content being automatically determined as
`
`negative scene contents among the material content constituting a story, the negative
`
`content being distinguishable from other material content of the material content
`
`constituting the story;
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 12
`
`storing and managing the other material content according to a first storage
`
`designation; and
`
`storing the negative content according to a second storage designation different
`
`from the first storage designation,
`
`wherein negative content is automatically determined by image processing to
`
`detect a user condition in the material content (see similar discussion in the rejection of
`
`claim 1).
`
`Regarding claim 11, limitations of a program that correspondto the limitations of
`
`information processing apparatus of claim 1 and/or method of claim 10 are analyzed as
`
`discussedin the rejection of claim 1/10. Particularly, Faibish in view of Michelsen and
`
`Deng discloses a non-transitory computer readable medium storing a program,
`
`the program being executable by a processor to perform operations comprising:
`
`receiving material content from an imaging device;
`
`storing negative content, the negative content being automatically determined as
`
`negative scene contents among material content constituting a story, the negative
`
`content being distinguishable from other material content of the material content
`
`constituting the story;
`
`storing and managing the other material content according toafirst
`
`storage designation; and storing the negative content according to a second storage
`
`designation different from the first storage designation, wherein
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 13
`
`negative content is automatically determined by image processing to detect a
`
`user condition in the material content (see similar discussion in the rejection of claim 1
`
`or claim 10).
`
`Regarding claim 21, Faibish in view of Michelsen and Deng discloses the information
`
`processing apparatus according to claim 1, wherein automatically determining the
`
`negative content as negative scene contents among material content constituting the
`
`story is performed using learning-based processing (e.g., learning based data
`
`processing or machine learning — see include, but are notlimited to, Faibish: col. 2,
`
`lines 30-50, col. 5, lines 1-25; Deng: paragraphs 0004, 0006, 0025-0027, 0046, 0062;
`
`Michelsen: paragraphs 0073, 0078-0079)
`
`Regarding claims 12-20, the additionallimitations of the non-transitory computer
`
`readable medium that correspondto the additionallimitations of system in claims 2-9,
`
`21 are analyzed as discussedin the rejection of claims 2-9 and 21.
`
`6.
`
`Claims 1, 10, 11 are alternatively rejected under 35 U.S.C. 103 as being
`
`unpatentable over Bergmanetal. (US 20140149533) in view of Michelsen (US
`
`20170264920) andfurther in view of Deng et al. (US 20190026274).
`
`Note: Ser. No. 13/691,557 (corresponding to US 20130205314 -referred to as
`
`Ramaswamy)is incorporated by referencein its entirety in Michelsen (see para. 0077)
`
`is treated as part of the specification of Michelsen (see for example, MPEP 2163.07b).
`
`

`

`Application/Control Number: 18/014,873
`Art Unit: 2426
`
`Page 14
`
`Regarding claim 1, Bergman discloses an information processing apparatus comprising:
`
`a memory storing a program (RAM 312 and storage 313 — see include, but are
`
`not limited to, figures 1, 3-5, paragraphs 0032 -0033, 0052, claim 11);
`
`a processor configured to execute the program to perform operations
`
`(processor/microprocessor configured to execute computer readable
`
`instructions/software - see include, but are notlimited to, figures 3-5, paragraphs 0029-
`
`0030, 0052, claim 11) comprising:
`
`receiving material content from an imaging device (receiving content from
`
`imaging device at content source and/or original server — see include, but are notlimited
`
`to, figure 1);
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`storing unpopular content, the unpopular content being automatically determined
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`as contents among material content constituting a story, the unpopular content being
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`distinguishable from other material content (storing unpopular content, the unpopular
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`content being automatically determined as contents among material content constituting
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`a story/program based on user requests, the unpopular content being distinguishable
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`from other material content such as popular content — see include, but are notlimited to,
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`figures 1-4, paragraphs 0018, 0021-0023, 0043-0044);
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`storing and managing the other material content according to a first storage
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`designation (storing and managing popular content according to a first storage
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`designation such as drive storage 420 — see include, but are notlimited to, figures 2, 4,
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`paragraphs 0022-0023, 0042-0043):
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`storing the unpopular content according to a second storage designation different
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`from the first designation (storing the unpopular content according to a second storage
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`

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`Application/Control Number: 18/014,873
`Art Unit: 2426
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`Page 15
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`designation such as content RAM storage 410 thatis different from the drive storage
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`420 — seeinclude,but are notlimited to, figures 2, 4, paragraphs 0022-0023, 0042-
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`0043), wherein unpopular content is automatically determined by at least one reference
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`to metadata in the material content or image processing to detect a user condition in the
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`material content” (unpopular content is automatically determined by at least
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`reference/score of popularity to content information/identifier, keyword, etc. in material
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`content (see for example, figure 4, paragraphs 0021, 0027).
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`Bergman doesnot explicitly disclose the claim term “negative” content
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`determined as “negative” scene contents, the other material content of the material
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`content (popular content) of the material content constituting the story.
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`Additionally and/or alternatively, Michelsen discloses
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`receiving material content from an imagining device (receiving content from
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`camera — see include, but are notlimited to, figures 2-5);
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`automatically determining disfavored contents among material content
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`constituting a story, the disfavored content being distinguishable from other material
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`content of the material content constituting the story (disfavored content is automatically
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`determined as disfavored portion/scene of a sport program, the disfavored content
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`being distinguishable from other material content/favored content of the material content
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`of the sport program — seeinclude, but are notlimited to, figures 5-6, paragraphs 0004,
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`0039, 0104-106, 0108),
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`Mickelsen also discloses disfavored content is automatically determinedbyat
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`image processing to detect a user condition in the material content (e.g., disfavored
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`

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`Application/Control Number: 18/014,873
`Art Unit: 2426
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`Page 16
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`contentoffirst team is automatically determined by image processing of captured image
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`of viewer behavior to detect condition such as fist pumping, frown face, etc. in the
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`material content — see include, but are notlimited to, paragraphs 0046, 0056, 0062,
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`0077-0078, 0080, 0087, 0089, 0096; Ramaswamy: paragraphs 0027, 0031, 034, 0053-
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`0054).
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`Therefore, it would have been obvious to oneof ordinary skill in the art before the
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`effectivefiling date of the claimed invention to modify Bergman with the teachings
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`including content is automatically determined as disfavored/disliked contents among
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`material content constituting a story, the disfavored/disliked content being
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`distinguishable from other material content of the material content constituting the story
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`; determining disfavored/disliked content automatically by image processing based on
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`user condition in the content material as taught by Michelsen in order to yield
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`predictable result of presenting only selected segments/scenesof a sporting
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`event/program that has a higher degree of enjoyment to the viewing fan, regardless of
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`their bias towards one team or other (paragraphs0007-0008).
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`Deng discloses negative content automatically determined as negative scene
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`contents among material content constituting a story, the negative content being
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`distinguishable from other material content (negative content automatically determined
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`as negative scene contents is read on automatically determines piece of content
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`contains feature related to negative consumption (disliked content) thatis
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`distinguishable with other material with feature related to positive consumption/liked
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`content — see include, but are notlimited to, figures 3A-4, 7, paragraphs 0025, 0044,
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`0051), wherein negative content is automatically determined by at least one of
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`

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`Application/Control Number: 18/014,873
`Art Unit: 2426
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`Page 17
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`reference to metadata (e.g., feature, label of the first piece of content that not consumed
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`or negative content) in the material content (see include, but are notlimited to,
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`paragraphs 0006, 0023, 0026, 0047-0048, 0061)..
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`Therefore, it would have been obvious to oneof ordinary skill in the art before the
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`effective filing date of the claimed invention to modify Bergman with the teaching
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`including “negative” content determined as “negative” scene contents as taught by Deng
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`in order to yield predicable result of providing users user preferred recommendations
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`(paragraphs 0005, 0025).
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`Regarding claims 10-11, the additional limitations of method or non-transitory computer
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`readable medium that correspond to the limitations of claim 1 are analyzed as
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`discussed in the rejection of claim 1.
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`Conclusion
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`7.
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`The prior art madeof record and not relied upon is considered pertinent to
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`applicant's disclosure.
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`See also, for example, US 20210029406 (paragraph 0028); US 20160366203
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`(paragraphs 0037, 0038, 0048); US 20170134793 (paragraphs 0044, 0070); US
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`20160366203 (paragraph 0084) for teaching of “negative content is automatically
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`determined by image processing to detect a user condition in the material content,”
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`

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`Application/Control Number: 18/014,873
`Art Unit: 2426
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`Page 18
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`8.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the eventa first reply is filed within
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`TWO MONTHS ofthe mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however,will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`9.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to AN SON PHI HUYNH whosetelephone numberis
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`(571)272-7295. The examiner can normally be reached 9:00 am-6:30 pm.
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`Examiner interviews are available