Office Action 2: Notice of Allowance (2025-02-19)

CLAIMS:
AMENDMENTS TO THE CLAIMS:

This listing of claims will replace all prior versions and listings of claims in the application:

1-64. (Canceled)263

65\. (Previously Presented) A computer-implemented method of providing electronic media for a set of users, the method comprising:identifying, by one or more processors, a group of users, based on:
a presence, for a period of time, by each user in the group of users, each user representing a respective independently controlled vehicle,
an indication of interest by each user in a communication network- mediated interaction with another of the group of users during the period of time, and
trip data for each of the vehicles, wherein the trip data comprises one or more locations associated with an interactive media session for execution by interactive media players, each interactive media player associated with a respective user of the group of users;
selecting or configuring, by the one or more processors and based on the trip data for each of the vehicles and the locations, an interactive media program for execution by the interactive media players; and
providing, by the one or more processors, the interactive media program to the interactive media players during the period of time.

66\. (Previously Presented) The computer-implemented method of claim 65, wherein identifying the group of users is based on profile data for each user, wherein the profile data comprises a respective account identifier for the respective user, and wherein the selecting or configuring is based on an indication, by one or more electronic accounts identified by the account identifiers, that the interactive media program is ready to play.

67\. (Previously Presented) The computer-implemented method of claim 65, wherein the trip data indicates two or more users having substantially similar trip start times, durations, intermediate locations along a route, or end times.

68\. (Previously Presented) The computer-implemented method of claim 65, wherein the trip data defines one or more criteria selected from the group consisting of: a duration for the interactive media session, an initial location at which the session is initiated, and a terminal location at which the session is terminated.

69\. (Previously Presented) The computer-implemented method of claim 65, further comprising, by the one or more processors, defining one or more routes for the vehicles based in part on the interactive media program, and controlling navigation of at least one of the vehicles to facilitate use of the interactive media program by the group of users.

70\. (Previously Presented) The computer-implemented method of claim 65, further comprising playing, by at least one of the interactive media players, the interactive media during the time period.

71\. (Previously Presented) The computer-implemented method of claim 65, wherein the selecting or configuring further comprises serving a user interface to each of sthe interactive media players in each of the vehicles that enables one or more of the users to provide intentional input to the selecting by the one or more processors.

72\. (Previously Presented) A system comprising:a processor; and
a non-transitory computer readable medium having program instructions stored thereon, which, when executed by the processor, cause the system to perform operations comprising:
identifying, by the processor, a group of users, based on:
a presence, for a period of time, by each user in the group of users, each user representing a respective independently controlled vehicle,
an indication of interest by each user in a communication network- mediated interaction with another of the group of users during the period of time, and
trip data for each of the vehicles, wherein the trip data comprises one or more locations associated with an interactive media session for execution by interactive media players, each interactive media player associated with a respective user of the group of users;

selecting or configuring, by the processor and based on the trip data for each of the vehicles and the locations, an interactive media program for execution by the interactive media players; and
providing, by the processor, the interactive media program to the interactive media players during the period of time.

73\. (Previously Presented) The system of claim 72, wherein identifying the group of users is based on profile data for each user, wherein the profile data comprises a respective account identifier for the respective user, and wherein the selecting or configuring is based on an indication, by one or more electronic accounts identified by the account identifiers, that the interactive media program is ready to play.

74\. (Previously Presented) The system of claim 72, wherein the trip data indicates two or more users having substantially similar trip start times, durations, intermediate locations along a route, or end times.

75\. (Previously Presented) The system of claim 72, wherein the trip data defines one or more criteria selected from the group consisting of: a duration for the interactive media session, an initial location at which the session is initiated, and a terminal location at which the session is terminated.

76\. (Previously Presented) The system of claim 72, wherein when executed by the processor, the program instructions cause the system to perform operations comprising

defining one or more routes for the vehicles based in part on the interactive media program, and controlling navigation of at least one of the vehicles to facilitate use of the interactive media program by the group of users.

77\. (Previously Presented) The system of claim 72, wherein when executed by the processor, the program instructions cause the system to perform operations comprising playing, by at least one of the interactive media players, the interactive media during the time period.

78\. (Previously Presented) The system of claim 72, wherein the selecting or configuring further comprises serving a user interface to the at least one of the interactive media players in each of the vehicles that enables one or more of the users to provide intentional input to the selecting by the one or more processors.

79\. (Previously Presented) A non-transitory computer readable medium configured to store processor-readable instructions, wherein when executed by a processor, the instructions perform operations comprising:identifying, by one or more processors, a group of users, based on:
a presence, for a period of time, by each user in the group of users, each user representing a respective independently controlled vehicle,
an indication of interest by each user in a communication network- mediated interaction with another of the group of users during the period of time, and

trip data for each of the vehicles, wherein the trip data comprises one or more locations associated with an interactive media session for execution by interactive media players, each interactive media player associated with a respective user of the group of users;
selecting or configuring, by the one or more processors and based on the trip data for each of the vehicles and the locations, an interactive media program for execution by the interactive media players; and
providing, by the one or more processors, the interactive media program to the interactive media players during the period of time.

80\. (Previously Presented) The non-transitory computer readable medium of claim 79, wherein identifying the group of users is based on profile data for each user, wherein the profile data comprises a respective account identifier for the respective user, and wherein the selecting or configuring is based on an indication, by one or more electronic accounts identified by the account identifiers, that the interactive media program is ready to play.

81\. (Previously Presented) The non-transitory computer readable medium of claim 79, wherein the trip data indicates two or more users having substantially similar trip start times, durations, intermediate locations along a route, or end times.

82\. (Previously Presented) The non-transitory computer readable medium of claim 79, wherein the trip data defines one or more criteria selected from the group consisting

of: a duration for the interactive media session, an initial location at which the session is initiated, and a terminal location at which the session is terminated.

83\. (Previously Presented) The non-transitory computer readable medium of claim 79, wherein when executed by the one or more processors, the instructions perform further operations comprising determining one or more routes for the vehicles based in part on the interactive media program, and controlling navigation of at least one of the vehicles to facilitate use of the interactive media program by the group of users.

84\. (Previously Presented) The non-transitory computer readable medium of claim 79, wherein when executed by the one or more processors, the instructions perform further operations comprising playing, by at least one of the interactive media players, the interactive media during the time period.

85\. (Previously Presented) The non-transitory computer readable medium of claim 79, wherein the one of selecting or configuring further comprises serving a user interface to the at least one of the interactive media players in each of the vehicles that enables one or more of the users to provide intentional input to the selecting by the one or more processors.

OFFICE 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 .
DETAILED ACTION
Allowable Subject Matter
Claims 65-85 are allowed.
The following is an examiner’s statement of reasons for allowance: The specific limitations of (with respect to Claims 65, 72, 79) “identifying, by one or more processors, a group of users, based on: a presence, for a period of time, by each user in the group of users, each user representing a respective independently controlled vehicle, an indication of interest by each user in a communication network- mediated interaction with another of the group of users during the period of time, and trip data for each of the vehicles, wherein the trip data comprises one or more locations associated with an interactive media session for execution by interactive media players, each interactive media player associated with a respective user of the group of users; selecting or configuring, by the one or more processors and based on the trip data for each of the vehicles and the locations, an interactive media program for execution by the interactive media players; and providing, by the one or more processors, the interactive media program to the interactive media players during the period of time”, in combination with the remainder of the respective claims are not anticipated or made obvious over the prior art of record in the Examiner’s opinion.
An inter-vehicle game is well known in the art. For instance, Bavitz et al. (2014/0128144) teaches an inter-vehicle game. However, Bavitz is silent on “identifying, by one or more processors, a group of users, based on: a presence, for a period of time, by each user in the group of users, each user representing a respective independently controlled vehicle, an indication of interest by each user in a communication network- mediated interaction with another of the group of users during the period of time, and trip data for each of the vehicles, wherein the trip data comprises one or more locations associated with an interactive media session for execution by interactive media players, each interactive media player associated with a respective user of the group of users; selecting or configuring, by the one or more processors and based on the trip data for each of the vehicles and the locations, an interactive media program for execution by the interactive media players; and providing, by the one or more processors, the interactive media program to the interactive media players during the period of time”,.
As a result, in the Examiner’s opinion, the present invention is not anticipated or made obvious over the prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: REMARKS
Applicant submits this Reply in response to the Office Action mailed December 13, 2024.
I.
Status of the Claims
By this Reply, no claims have been amended, canceled, or added. Claims 65-85 are pending in this application. Claims 65, 72, and 79 are the sole independent claims. II.
Double Patenting Rejections
In the Office Action, claims 65-85 were rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over one or more claims of U.S. Patent No. 11,911,693. (Office Action at pp. 3-6.) Although Applicant does not necessarily agree with this double patenting rejection, to obviate this rejection and to expedite prosecution and allowance of this application, Applicant files herewith a Terminal Disclaimer. The filing of the Terminal Disclaimer in no way manifests an admission by Applicant as to the propriety of the double patenting rejection. See M.P.E.P. @ 804.02 (citing Quad Environ. Techs Corp. v. Union Sanitary Dist. 946 F.2d 870 (Fed. Cir. 1991) ("In legal principle, the filing of a terminal disclaimer simply serves the statutory function of removing the rejection of double patenting, and raises neither presumption nor estoppel on the merits of the rejection.")). Should the need arise at a later date, Applicant reserves the right to present arguments regarding the merits of the double patenting rejections and the alleged obviousness of the application claims in view of the claims of the '693 patent. Accordingly, Applicant requests approval of the Terminal Disclaimer and the withdrawal of the double patenting rejection.
Application No.: 18/436,827

Rescission of Any Disclaimer From Related Applications
This application claims the benefit of an earlier filed U.S. nonprovisional patent application. To the extent that the claims in this application have the same or similar terms to those in the parent application, Applicant hereby rescinds any disclaimers originating from arguments made during the prosecution of the parent application. Applicant invites the Examiner to revisit the relevant prior art of the parent application.
Hakim v. Cannon A vent Grp., 479 F.3d 1313 (Fed. Cir. 2007). IV.
Conclusion


CITED REFERENCE SUMMARIES: Ref US20140128144: Claims:
A system for in-vehicle gaming for one or more users, the system comprising: an electronic data store configured to store items of gameplay content, at least one item of gameplay content being associated with one or more users; a computing device in communication with the electronic data store, the computing device configured to: identify one or more users in a vehicle, wherein one of the one or more users is an operator of the vehicle; retrieve an item of gameplay content associated with at least one of the one or more users from the electronic data store; cause presentation, to the one or more users in the vehicle, of the item of gameplay content for game play; monitor one or more environmental factors related to at least one of the vehicle or the operator as the operator operates the vehicle; determine a distraction index indicative of a distraction level of the operator based at least in part on the monitored one or more environmental factors; modify the item of gameplay content based at least in part on the determined distraction index as the item of gameplay content is presented to the one or more users for continued game play, the item of gameplay content modified to improve the distraction index; and receive input from the one or more users in response to the modified item of gameplay content. 2. The system of claim 1, wherein the computing device is embedded in the vehicle. 3. The system of claim 1, wherein the presented item of gameplay content is presented to the one or more users at least one of aurally, visually, or tactilely. 4. The system of claim 1, wherein the input received from the one or more users is at least one of voice, touch, or gesture. 5. The system of claim 1, wherein in response to the distraction index satisfying a predefined threshold, the modified item of gameplay content is not presented to the operator. 6. The system of claim 1, wherein the item of gameplay content is modified to be at least one of more difficult, less difficult, presented aurally, presented visually, presented tactilely, of a different genre, or of a different gameplay type. 7. The system of claim 1, wherein the one or more users accept a liability agreement before the modified item of gameplay content is presented to the one or more users. 8. A system for in-vehicle gaming, the system comprising: an electronic data store configured to store items of gameplay content; and a computing device in communication with the electronic data store, the computing device configured to: retrieve an item of gameplay content from the electronic data store; cause presentation, to one or more users, the retrieved item of gameplay content, wherein at least one of the one or more users is in a vehicle; monitor one or more environmental factors associated with the vehicle as the one or more users interact with the presented item of gameplay content; and in response to determining, based at least in part on the one or more monitored environmental factors, that a distraction index associated with a particular user of the one or more users satisfies a threshold, modify the item of gameplay content as it is presented to the one or more users, wherein the item of gameplay content is modified to effect a change in the distraction index with respect to the threshold, the change indicative of an improved distraction level of the particular user. 9. The system of claim 8, the computing device further configured to: receive input from the one or more users in response to the presented item of gameplay content. 10. The system of claim 9, wherein the input received from the one or more users is at least one of voice, touch, or gesture. 11. The system of claim 9, the computing device further configured to distinguish among inputs coming from each of the one or more users. 12. The system of claim 8, wherein the computing device is embedded in the vehicle. 13. The system of claim 8, wherein the retrieved item of gameplay content is presented to the one or more users at least one of aurally, visually, or tactilely. 14. The system of claim 8, wherein the particular user is an operator operating the vehicle. 15. The system of claim 14, wherein, in response to the distraction index satisfying a second threshold, the item of gameplay content is not presented to the operator. 16. The system of claim 14, wherein the monitored one or more environmental factors includes a driving history of the operator. 17. The system of claim 8, wherein the item of gameplay content is modified to be at least one of more difficult, less difficult, presented aurally, presented visually, presented tactilely, of a different genre, or of a different gameplay type. 18. The system of claim 8, wherein the one or more users accept a liability agreement before enabling interaction by the one or more users with the item of gameplay content. 19. A computer-implemented method for modifying an in-vehicle game, the computer-implemented method comprising: under control of one or more computing devices configured with specific computer executable instructions, causing presentation of an in-vehicle game to one or more users in a vehicle while the vehicle is in operation, the vehicle being operated by one of the one or more users; monitoring one or more environmental factors to the vehicle while the vehicle is in operation and as the in-vehicle game is presented to the one or more users in the vehicle for game play; generating a distraction index for the user operating the vehicle based at least in part on the one or more monitored environmental factors; and modifying, for continued game play by the one or more users, the presented in-vehicle game based at least in part on the generated distraction index while the vehicle is in operation. 20. (canceled) 21. The computer-implemented method of claim 19, wherein the monitored one or more environmental factors includes a driving history of the user operating the vehicle. 22. The computer-implemented method of claim 19, wherein the user operating the vehicle is interacting with the in-vehicle game as the vehicle is in operation. 23. A computer-implemented method for modifying items of gameplay content associated with an in-vehicle game, the computer-implemented method comprising: under control of one or more computing devices configured with specific computer executable instructions, retrieving an item of gameplay content from an electronic data store, the item of gameplay content associated with the in-vehicle game; causing presentation, to one or more users, of the retrieved item of gameplay content for game play, wherein at least one of the one or more users is in a vehicle; monitoring one or more environmental factors related to the vehicle or an operator of the vehicle as the one or more users interacts with the presented item of gameplay content; determining a distraction index indicative of a distraction level of the operator of the vehicle based at least in part on the monitored one or more environmental factors, wherein the operator is one of the one or more users; and modifying the item of gameplay content presented to the one or more users based at least in part on the determined distraction index as the item of gameplay content is presented to the one or more users for continued gameplay. 24. The computer-implemented method of claim 23, wherein the retrieved item of gameplay content is presented to the one or more users at least one of aurally, visually, or tactilely. 25. The computer-implemented method of claim 23 further comprising: under control of the one or more computing devices configured with specific computer executable instructions, receiving input from the one or more users in response to the presented item of gameplay content, wherein the input received from the one or more users is at least one of voice, touch, or gesture. 26. The computer-implemented method of claim 25, wherein in response to the distraction index satisfying a predefined threshold, the item of gameplay content is not presented to the operator. 27. The computer-implemented method of claim 25 further comprising distinguishing among inputs coming from each of the one or more users. 28. The computer-implemented method of claim 23, wherein the one or more users accept a liability agreement before the retrieved item of gameplay content is presented to the one or more users. 29. A non-transitory computer-readable medium having a computer-executable module for modifying items of gameplay content associated with an in-vehicle game, the computer-executable module being configured to: retrieve an item of gameplay content from an electronic data store, the item of gameplay content associated with the in-vehicle game; cause presentation, to one or more users, of the retrieved item of gameplay content for game play, wherein at least one of the one or more users is in a vehicle; monitor one or more environmental factors related to the vehicle or an operator of the vehicle as the one or more users interact with the presented item of gameplay content; determine a distraction level indicative of a distraction level of the operator of the vehicle based at least in part on the monitored one or more environmental factors, wherein the operator is one of the one or more users; and modify the item of gameplay content presented to the one or more users based at least in part on the determined distraction index as the item of gameplay content is presented to the one or more users for continued game play. 30. The non-transitory computer-readable medium of claim 29, wherein the retrieved item of gameplay content is presented to at least one user via a computing device associated with the at least one user. 31. The non-transitory computer-readable medium of claim 29, wherein the computer-executable module is further configured to: receive input from the one or more users in response to the presented item of gameplay content, wherein the input received from the one or more users is at least one of voice, touch, or gesture. 32. The non-transitory computer-readable medium of claim 31, wherein in response to the distraction index satisfying a predefined threshold, input from the operator of the vehicle is prohibited. 33. The system of claim 1, wherein improving the distraction index is indicative of a reduced distraction of the driver. 34. The computer-implemented method of claim 19, wherein the in vehicle game is modified to improve the distraction level of the user operating the vehicle.
A system for in-vehicle gaming for one or more users, the system comprising: an electronic data store configured to store items of gameplay content, at least one item of gameplay content being associated with one or more users; a computing device in communication with the electronic data store, the computing device configured to: identify one or more users in a vehicle, wherein one of the one or more users is an operator of the vehicle; retrieve an item of gameplay content associated with at least one of the one or more users from the electronic data store; cause presentation, to the one or more users in the vehicle, of the item of gameplay content for game play; monitor one or more environmental factors related to at least one of the vehicle or the operator as the operator operates the vehicle; determine a distraction index indicative of a distraction level of the operator based at least in part on the monitored one or more environmental factors; modify the item of gameplay content based at least in part on the determined distraction index as the item of gameplay content is presented to the one or more users for continued game play, the item of gameplay content modified to improve the distraction index; and receive input from the one or more users in response to the modified item of gameplay content.
The system of claim 1, wherein the computing device is embedded in the vehicle.
The system of claim 1, wherein the presented item of gameplay content is presented to the one or more users at least one of aurally, visually, or tactilely.
The system of claim 1, wherein the input received from the one or more users is at least one of voice, touch, or gesture.
The system of claim 1, wherein in response to the distraction index satisfying a predefined threshold, the modified item of gameplay content is not presented to the operator.
The system of claim 1, wherein the item of gameplay content is modified to be at least one of more difficult, less difficult, presented aurally, presented visually, presented tactilely, of a different genre, or of a different gameplay type.
The system of claim 1, wherein the one or more users accept a liability agreement before the modified item of gameplay content is presented to the one or more users.
A system for in-vehicle gaming, the system comprising: an electronic data store configured to store items of gameplay content; and a computing device in communication with the electronic data store, the computing device configured to: retrieve an item of gameplay content from the electronic data store; cause presentation, to one or more users, the retrieved item of gameplay content, wherein at least one of the one or more users is in a vehicle; monitor one or more environmental factors associated with the vehicle as the one or more users interact with the presented item of gameplay content; and in response to determining, based at least in part on the one or more monitored environmental factors, that a distraction index associated with a particular user of the one or more users satisfies a threshold, modify the item of gameplay content as it is presented to the one or more users, wherein the item of gameplay content is modified to effect a change in the distraction index with respect to the threshold, the change indicative of an improved distraction level of the particular user.
The system of claim 8, the computing device further configured to: receive input from the one or more users in response to the presented item of gameplay content.
The system of claim 9, wherein the input received from the one or more users is at least one of voice, touch, or gesture.
The system of claim 9, the computing device further configured to distinguish among inputs coming from each of the one or more users.
The system of claim 8, wherein the computing device is embedded in the vehicle.
The system of claim 8, wherein the retrieved item of gameplay content is presented to the one or more users at least one of aurally, visually, or tactilely.
The system of claim 8, wherein the particular user is an operator operating the vehicle.
The system of claim 14, wherein, in response to the distraction index satisfying a second threshold, the item of gameplay content is not presented to the operator.
The system of claim 14, wherein the monitored one or more environmental factors includes a driving history of the operator.
The system of claim 8, wherein the item of gameplay content is modified to be at least one of more difficult, less difficult, presented aurally, presented visually, presented tactilely, of a different genre, or of a different gameplay type.
The system of claim 8, wherein the one or more users accept a liability agreement before enabling interaction by the one or more users with the item of gameplay content.
A computer-implemented method for modifying an in-vehicle game, the computer-implemented method comprising: under control of one or more computing devices configured with specific computer executable instructions, causing presentation of an in-vehicle game to one or more users in a vehicle while the vehicle is in operation, the vehicle being operated by one of the one or more users; monitoring one or more environmental factors to the vehicle while the vehicle is in operation and as the in-vehicle game is presented to the one or more users in the vehicle for game play; generating a distraction index for the user operating the vehicle based at least in part on the one or more monitored environmental factors; and modifying, for continued game play by the one or more users, the presented in-vehicle game based at least in part on the generated distraction index while the vehicle is in operation.
The computer-implemented method of claim 19, wherein the monitored one or more environmental factors includes a driving history of the user operating the vehicle.
The computer-implemented method of claim 19, wherein the user operating the vehicle is interacting with the in-vehicle game as the vehicle is in operation.
A computer-implemented method for modifying items of gameplay content associated with an in-vehicle game, the computer-implemented method comprising: under control of one or more computing devices configured with specific computer executable instructions, retrieving an item of gameplay content from an electronic data store, the item of gameplay content associated with the in-vehicle game; causing presentation, to one or more users, of the retrieved item of gameplay content for game play, wherein at least one of the one or more users is in a vehicle; monitoring one or more environmental factors related to the vehicle or an operator of the vehicle as the one or more users interacts with the presented item of gameplay content; determining a distraction index indicative of a distraction level of the operator of the vehicle based at least in part on the monitored one or more environmental factors, wherein the operator is one of the one or more users; and modifying the item of gameplay content presented to the one or more users based at least in part on the determined distraction index as the item of gameplay content is presented to the one or more users for continued gameplay.
The computer-implemented method of claim 23, wherein the retrieved item of gameplay content is presented to the one or more users at least one of aurally, visually, or tactilely.
The computer-implemented method of claim 23 further comprising: under control of the one or more computing devices configured with specific computer executable instructions, receiving input from the one or more users in response to the presented item of gameplay content, wherein the input received from the one or more users is at least one of voice, touch, or gesture.
The computer-implemented method of claim 25, wherein in response to the distraction index satisfying a predefined threshold, the item of gameplay content is not presented to the operator.
The computer-implemented method of claim 25 further comprising distinguishing among inputs coming from each of the one or more users.
The computer-implemented method of claim 23, wherein the one or more users accept a liability agreement before the retrieved item of gameplay content is presented to the one or more users.
A non-transitory computer-readable medium having a computer-executable module for modifying items of gameplay content associated with an in-vehicle game, the computer-executable module being configured to: retrieve an item of gameplay content from an electronic data store, the item of gameplay content associated with the in-vehicle game; cause presentation, to one or more users, of the retrieved item of gameplay content for game play, wherein at least one of the one or more users is in a vehicle; monitor one or more environmental factors related to the vehicle or an operator of the vehicle as the one or more users interact with the presented item of gameplay content; determine a distraction level indicative of a distraction level of the operator of the vehicle based at least in part on the monitored one or more environmental factors, wherein the operator is one of the one or more users; and modify the item of gameplay content presented to the one or more users based at least in part on the determined distraction index as the item of gameplay content is presented to the one or more users for continued game play.
The non-transitory computer-readable medium 
[Truncated to input limit]