DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/29/26 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/05/26 has been considered by the examiner.
Specification
The amendment to the specification filed 05/29/26 has been reviewed and entered.
Response to Arguments
Applicant's arguments filed 05/29/26 have been fully considered but they are not persuasive.
It is first noted that applicant’s amendments have raised clarity issues within the claim language resulting in new rejections under 35 U.S.C. 112(b).
For example, while claim 1 has been amended to recite “wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location”,
it is noted that claim already recites “access, from a first storage location storing the plurality of segments of the content asset” and “wherein the access is performed once for a common segment requested by the plurality of requests”, rendering it unclear if “a single access” as recited within line 15 is meant to reference the “access” of the first storage location within lines 8 and 9.
In response to applicant’s arguments, it is again noted that Civiletto is explicit in that the first storage location is accessed a single time (extracting a portion from the buffer storing content requested by multiple users; Fig. 4A, 430-440; paragraph 85-86).
More specifically, the recorded content stored in step 430 is accessed a single time to extract and store a portion of the content in a buffer (see paragraph 85).
The extracted portion, stored in the buffer, is then utilized to generate a plurality of unique copies for each requesting customer (Fig. 4A, paragraph 85-86).
Thus, the first storage location (storing the content in step 430) is only accessed a single time (within step 440) to extract the selected portion (paragraph 85).
This is what meets the claim language of “wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location”.
The first storage location is not accessed multiple times or repeatedly, as the content portion was extracted from the recorded content and separately stored in a new buffer/memory location. It is this new copy, stored in a different buffer from the full recorded content, which is then repeatedly accessed as needed to generated new copies of the portion.
The current claim language do not defined or limit the processing performed on the content segment after it is copied from the first storage location. In this case, Civiletto discloses a total of three storage locations.
The content program is recorded into a first storage location.
A portion of the content is extracted from the first storage location into a temporary buffer storage location.
The buffered portion within the temporary buffer storage location is then accessed a plurality of times to create a plurality of unique copies of the content to be stored in a second storage location.
The first storage location of Civiletto is accessed a single time, as the full recorded program is accessed once in step 440 to extract the portion. This step is what continues to meet the current claim language. The additional processing performed by Civiletto on the extracted portion is not occurring at the first storage location, as the portion was extracted and buffered separately from the originally recorded content. This buffered portion is then processed as needed to generate multiple copies. There is no need to access the original stored content again.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5-29, 31-37 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, lines 15-17, recites “wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location” which renders the claim indefinite. As the claim already recites “access, from a first storage location storing the plurality of segments of the content asset” and “wherein the access is performed once for a common segment requested by the plurality of requests”, rendering it unclear if “a single access” as recited within line 15 is meant to reference the “access” of the first storage location within lines 8 and 9 or a separate accessing.
Claim 9, lines 10-11, recites “wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location” which renders the claim indefinite. As the claim already recites “accessing, from a first storage location storing the plurality of segments of the content asset” and “wherein the access is performed once for a common segment requested by the plurality of requests”, rendering it unclear if “a single access” as recited within line 10-11 is meant to reference the “access” of the first storage location within lines 6 and 7 or a separate accessing.
Claim 17, lines 14-15, recites “wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location” which renders the claim indefinite. As the claim already recites “an access of a segment of the plurality of segments from a first storage location” and “wherein the access is performed once for a common segment requested by the plurality of requests”, rendering it unclear if “a single access” as recited within line 14-15 is meant to reference the “access” of the first storage location within lines 8 and 12 or a separate accessing.
Claim 23, lines 11-12, recites “wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location” which renders the claim indefinite. As the claim already recites “an access of a segment of the plurality of segments from a first storage location” and “wherein the access is performed once for a common segment requested by the plurality of requests”, rendering it unclear if “a single access” as recited within line 11-12 is meant to reference the “access” of the first storage location within lines 6 and 10 or a separate accessing.
Claim 29, lines 12-13, recites “wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location” which renders the claim indefinite. As the claim already recites “an access of a segment of the plurality of segments from a first storage location” and “wherein the access is performed once for a common segment requested by the plurality of requests”, rendering it unclear if “a single access” as recited within line 12-13 is meant to reference the “access” of the first storage location within lines 6 and 10 or a separate accessing.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 5, 7, 9-13, 15, 17-29, 31-36 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Civiletto et al. (Civiletto) (US 2014/0023340) (of record).
As to claim 1, Civiletto discloses a device (Fig. 1; 110) comprising:
one or more processors (152); and
memory storing instructions (154, 164; paragraph 51) that, when executed by the one or more processors, cause the device to:
determine a quantity of a plurality of requests to store a content asset (paragraph 82-83), wherein the content asset comprises a plurality of segments and wherein each request of the plurality of requests is associated with a user of a plurality of users (paragraph 82-83, 86-88),
access, from a first storage location storing the plurality of segments of the content asset, a copy of a segment of the plurality of segments (extracting identified portion from buffer/memory; step 435-440, paragraph 85-88), wherein the access is performed once for a common segment requested by the plurality of requests (repeating steps 445-455 to generate additional copies of the portion extracted from step 440 for each requesting customer; paragraph 68, 85-88); and
causing, based on the copy of the segment from the first storage location, a plurality of copies of the segment to be stored at a second storage location (repeating steps 445-455 to generate additional copy for each requesting customer; paragraph 85-88), wherein a quantity of the plurality of copies of the segment is the quantity of the plurality of requests to store the content asset (additional copy for each requesting customer; paragraph 85-88) and wherein each copy of the plurality of copies of the segment is associated with a user of the plurality of users (unique copy for each customer stored in associated with the customer account; paragraph 83, 86), and wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location (repeating steps 445-455 to generate multiple copies of the portion extracted from step 440 for each requesting customer; paragraph 68, 85-88).
As to claim 9, Civiletto discloses a non-transitory computer-readable medium storing instructions (paragraph 51) that, when executed cause:
determining a quantity of a plurality of requests to store a content asset (paragraph 82-83), wherein the content asset comprises a plurality of segments and wherein each request of the plurality of requests is associated with a user of a plurality of users (paragraph 82-83, 86-88),
accessing, from a first storage location storing the plurality of segments of the content asset, a copy of a segment of the plurality of segments (extracting identified portion from buffer/memory; step 435-440, paragraph 85-88), wherein the access is performed once for a common segment requested by the plurality of requests (repeating steps 445-455 to generate additional copies of the portion extracted from step 440 for each requesting customer; paragraph 68, 85-88); and
causing, based on the copy of the segment from the first storage location, a plurality of copies of the segment to be stored at a second storage location (repeating steps 445-455 to generate additional copy for each requesting customer; paragraph 85-88), wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location (repeating steps 445-455 to generate multiple copies of the portion extracted from step 440 for each requesting customer; paragraph 68, 85-88), wherein a quantity of the plurality of copies of the segment is the quantity of the plurality of requests to store the content asset (additional copy for each requesting customer; paragraph 85-88), and wherein each copy of the plurality of copies of the segment is associated with a user of the plurality of users (unique copy for each customer stored in associated with the customer account; paragraph 83, 86).
As to claim 17, Civiletto discloses a device (Fig. 1; 110) comprising:
one or more processors (152); and
memory storing instructions (154, 164; paragraph 51) that, when executed by the one or more processors, cause the device to:
determine a quantity of a plurality of requests to store a content asset (paragraph 82-83), wherein the content asset comprises a plurality of segments and wherein each request of the plurality of requests is associated with a user of a plurality of users (paragraph 82-83, 86-88),
cause, based on an access of the segment of the plurality of segments from a first storage, a plurality of copies of the segment to be stored in a second storage (repeating steps 445-455 to generate additional copy for each requesting customer; paragraph 85-88), wherein a quantity of the plurality of copies of the segment is the quantity of the plurality of requests to store the content asset (additional copy for each requesting customer; paragraph 85-88), wherein each copy of the plurality of copies of the segment is associated with a user of the plurality of users (unique copy for each customer stored in associated with the customer account; paragraph 83, 86), wherein the access is performed once for a common segment requested by the plurality of requests (repeating steps 445-455 to generate additional copies of the portion extracted during step 440 for each requesting customer; paragraph 68, 85-88), and wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location (repeating steps 445-455 to generate multiple copies of the portion extracted from step 440 for each requesting customer; paragraph 68, 85-88).
As to claim 23, Civiletto discloses a non-transitory computer-readable medium storing instructions (154, 164; paragraph 51) that, when executed, cause:
determining a quantity of a plurality of requests to store a content asset (paragraph 82-83), wherein the content asset comprises a plurality of segments and wherein each request of the plurality of requests is associated with a user of a plurality of users (paragraph 82-83, 86-88),
causing, based on an access of the segment of the plurality of segments from a first storage, a plurality of copies of the segment to be stored in a second storage (extracting content portion in buffer and repeating steps 445-455 to generate additional copies of the portion extracted from step 440 for each requesting customer; paragraph 68, 85-88), wherein a quantity of the plurality of copies of the segment is the quantity of the plurality of requests to store the content asset (additional copy for each requesting customer; paragraph 85-88) and wherein each copy of the plurality of copies of the segment is associated with a user of the plurality of users (unique copy for each customer stored in associated with the customer account; paragraph 83, 86), wherein the access is performed once for a common segment requested by the plurality of requests (repeating steps 445-455 to generate additional copies of the portion extracted during step 440 for each requesting customer; paragraph 68, 85-88), and wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location (repeating steps 445-455 to generate multiple copies of the portion extracted from step 440 for each requesting customer; paragraph 68, 85-88).
As to claim 29, Civiletto discloses a system (Fig. 1) comprising:
a first computing device (110, paragraph 81) configured to:
determine a quantity of a plurality of requests to store a content asset (paragraph 82-83), wherein the content asset comprises a plurality of segments and wherein each request of the plurality of requests is associated with a user of a plurality of users (paragraph 82-83, 86-88),
cause, based on an access of a segment of the plurality of segments from a first storage, a plurality of copies of the segment to be stored in a second storage (copying the portion of the content to be copied from the buffer 520 to storage for subscriber access; paragraph 24-28, 36, 39), wherein a quantity of the plurality of copies of the segment is the quantity of the plurality of requests to store the content asset and wherein each copy of the plurality of copies of the segment is associated with a user of the plurality of users (unique copy for each customer stored in associated with the customer account; paragraph 83, 86), and wherein the plurality of copies of the segment are each generated from the same segment obtained by a single access from the first storage location (repeating steps 445-455 to generate multiple copies of the portion extracted from step 440 for each requesting customer; paragraph 68, 85-88); and
a second computing device (107) configured to:
send, to the first computing device, a request of the plurality of requests (user devices 107 sending request to 110; paragraph 24).
As to claim 2, 10, 19, 25, 31, Civiletto discloses wherein instructions that, when executed, cause the device to cause the plurality of copies of the segment to be stored at the second storage location and cause at least a portion of the plurality of copies of the segment to be written, in sequence (Fig. 4A-B, step 445-460, sequential steps of storing unique copies for each different subscribers; paragraph 86-88), to a hard disk associated with the second storage location (paragraph 37, 53).
As to claim 3, 11, Civiletto discloses wherein the instructions, when executed by the one or more processors, further cause the device to:
determine a recording agent of a plurality of recording agents (plural servers 110 with plural software modules for recording programs for assigned subscribers; paragraph 24, 27, 48-54), wherein the instructions cause the device to access the copy of the segment from the first storage location, when executed, further cause the device to access the copy of the segment from the first storage location using the recording agent, and wherein the instructions cause the device to cause the plurality of copies of the segment to be stored at the second storage location, when executed, further cause the plurality of copies of the segments to be stored, by the recording agent, at the second storage location (extracted from buffer and multiple copies are stored into memory; paragraph 85-89).
As to claim 12, Civiletto discloses wherein the causing the plurality of copies of the segment to be stored at the second storage location is further based on an access of the copy of the segment from the first storage location (copying the portion of the content to be copied from the buffer 520 to storage for subscriber access; paragraph 24-28, 36, 39).
As to claim 5, 13, 21, 27, 33, Civiletto discloses wherein the instructions, when executed by the one or more processors, further cause the device to: determine an instruction to cause the plurality of copies of the segment to be stored at the second storage location, wherein the instruction indicates a file location of the copy of the segment at the first storage location (paragraph 85) and the quantity of the plurality of requests to store the content asset (user accounts requesting and associated with each unique copy; paragraph 82-83, 86-87).
As to claim 7, 15, 22, 28, 34, Civiletto discloses wherein the second storage location comprises a recording storage from which a copy of the plurality of copies of the segment is deliverable to a device associated with the user associated with the copy (paragraph 37, 53, 86, 90-95).
As to claim 18, 24, Civiletto discloses wherein the instructions, when executed by the one or more processors, further cause the device to: determine a location in the first storage of the segment, wherein the causing the plurality of copies of the segment to be stored in the second storage is further based on the access of the segment at the determined location in the first storage (accessing the buffer storing the selected portion; paragraph 85-88).
As to claim 20, 26, 32, Civiletto discloses wherein the instructions, when executed by the one or more processors, further cause the device to: determine a recording agent of a plurality of recording agents (plural servers 110 with plural software modules for recording programs for assigned subscribers; paragraph 24, 27, 48-54), wherein the access of the segment from the first storage location is performed using the recording agent, and wherein the instructions cause the device to cause the plurality of copies of the segment to be stored at the second storage location, when executed, further cause the plurality of copies of the segments to be stored in the second storage, when executed, further cause the plurality of copies to be stored, by the recording agent, in the second storage (extracted from buffer and multiple copies are stored into memory; paragraph 85-89).
As to claim 35, Civiletto discloses wherein the plurality of copies of the segment is stored at the second storage location with a single write operation (operation to simultaneously record all the unique data segments from the buffer to plural storage devices; paragraph 86).
As to claim 36, Civiletto discloses determining a group of common segments comprising a number of segments within the plurality of segments associated with the content asset that are common between different users of the plurality of users, wherein the copy of the segment of the plurality of segments corresponds at least one segment in the group of common segments, and wherein the plurality of copies of the segment to be stored at the second storage location corresponds to the quantity of the plurality of requests (Fig. 2, paragraph 67-69, 85-86).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 6, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Civiletto.
As to claims 6, 14, while Civiletto discloses an instruction and wherein the servers may be a web server (server accessed via web browser; paragraph 40, 54, 62, 77), they fail to specifically disclose an HTTP command.
The examiner takes Official Notice that it was notoriously well known in the art before the effective filing date of the claimed invention to utilize a HTTP command to interact with and control a web server, as HTTP is part of the Internet protocol suite and defines commands and services used for transmitting web data.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Civiletto’s system to include an HTTP command for the typical benefit of conforming to already existing and widely utilizes standards for communications and commands for servers.
Claims 8, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Civiletto in view of Walker et al. (Walker) (US 2012/0210382) (of record).
As to claim 8, 16, while Civiletto discloses receiving requests from users to store a content asset, they fail to specifically disclose receiving an information file associated with the content asset, wherein the information file indicates the plurality of segments of the content asset and a file location of each segment of the plurality of segments at the first storage location, wherein the accessing the copy of the segment from the first storage location is based on the information file.
In an analogous art, Walker discloses a content distribution system (Fig. 1, 3) for copying requested content asset from a first storage location to a second storage location (Fig. 3, archive storage to active storage; paragraph 49-52) by receiving an information file associated with content asset, wherein the information file indicates a plurality of segments of the content asset and a file location of each segment of the plurality of segments at the first storage location, wherein the accessing the copy of the segment from the first storage location is based on the information file (copying the content using file indicating the file storage location and positions for specific portions and frames of the file; paragraph 46-47, 52) so as locate the specific content and playback position desired by the user (paragraph 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Civiletto’s system to include receiving an information file associated with the content asset, wherein the information file indicates the plurality of segments of the content asset and a file location of each segment of the plurality of segments at the first storage location, wherein the accessing the copy of the segment from the first storage location is based on the information file, as taught in combination with Walker, for the typical benefit of enabling the system to locate and retrieve the specific content and playback position desired by the user.
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Civiletto in view of Sorenson, III et al. (Sorenson) (US 2014/0337483).
As to claim 37, while Civiletto discloses wherein copies of the common segment corresponding to different requests are written at the second storage location (paragraph 53, 86), they fail to specifically disclose the different requests are written sequentially at the second storage location between successive seek operations.
In an analogous art, Sorenson discloses a method for storing content (Fig. 26; paragraph 211) wherein the data corresponding to different requests are written sequentially at a second storage location between successive seek operations (Fig. 26, paragraph 211) so as to reduce or eliminate the need to perform random sector seeks on the underlying storage device (paragraph 211).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Civiletto’s system to include the different requests are written sequentially at the second storage location between successive seek operations, as taught in combination with Sorenson, for the typical benefit of reducing or eliminating the need to perform random sector seeks on the underlying storage device (paragraph 211).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James R Sheleheda whose telephone number is (571)272-7357. The examiner can normally be reached M-F 8 am-5 pm CST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Bruckart can be reached at (571) 272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/James R Sheleheda/ Primary Examiner, Art Unit 2424
Prosecution Insights