Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/20/2025 has been entered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6 of U.S. Patent No. 11757950. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1, 7 of the instant invention are broader versions of claims 1, 6 of U.S. Patent No. 11757950.
Claims 1, 7 of instant invention
Claims 1, 6 of U.S. Patent No. 11757950
A method, and corresponding electronic device, comprising:
displaying, by an electronic device, first video content and outputting first audio content associated with the first video content;
identifying, by the electronic device connected to a wireless network, a plurality of external electronic devices connected to the same wireless network as the electronic device, the plurality of external electronic devices including a first external electronic device and a second external electronic device, the first external electronic device including a speaker, and the second external electronic device including a speaker and a display;
A method, and corresponding electronic device, comprising:
identifying, by an electronic device connected to a wireless network, a plurality of external electronic devices connected to a same wireless network as the electronic device, the plurality of external electronic devices comprising a first external electronic device comprising a speaker and a second external electronic device comprising a display and a speaker;
displaying, by the electronic device, a list of the identified external electronic devices;
displaying, on a display of the electronic device, a list of the identified external electronic devices;
based on a first input to the electronic device for selecting one of the external electronic devices from the displayed list, streaming over the wireless network to the selected external electronic device, by the electronic device, at least one of the first video content or the first audio content associated with the first video content;
based on a first input to the electronic device for the first external electronic device, displaying first video content on the display and streaming to the first external electronic device, over the wireless network, first audio content associated with the first video content displayed on the display of the electronic device;
based on a second input to the electronic device for the second external electronic device, streaming to the second external electronic device, over the wireless network, the first video content and the first audio content associated with the first video content, so that the first video content is displayed on the display of the second external electronic device;
and based on a second input to the electronic device for selecting the first external electronic device and the second external electronic device for outputting the first audio content from the displayed list, displaying the first video content on the display of electronic device and streaming to the first external electronic device and the second external electronic device, over the wireless network, the first audio content for output by the first external electronic device and the second external electronic device while the display of the second external electronic device displays content other than the first video content.
and based on a third input to the electronic device for the first external electronic device and the second external electronic device, displaying the first video content on the display of the electronic device and streaming, to the first external electronic device and the second external electronic device, over the wireless network, the first audio content associated with the first video content for output by the first external electronic device and the second external electronic device while the display of the second external electronic device displays content related to the first video content and different from the first video content.
Additionally, dependent claims 2, 4-6, 8, 10-12 are rejected on the ground of nonstatutory double patenting as being correspondingly unpatentable over dependent claims 2-5, 7-10 of U.S. Patent No. 11757950. The claims at issue are not identical because they inherit the limitations of the claims from which they depend, but otherwise are identical. Therefore, they are not correspondingly patentably distinct from each other because Claims s 2, 4-6, 8, 10-12 of the instant invention are broader versions of claims 2-5, 7-10 of U.S. Patent No. 11757950.
Claims 1, 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10 of U.S. Patent No. 11290504. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1, 7 of the instant invention are broader versions of claims 1, 10 of U.S. Patent No. 11290504.
Claims 1, 7 of instant invention
Claims 1, 10 of U.S. Patent No. 11290504
A method, and corresponding electronic device, comprising:
displaying, by an electronic device, first video content and outputting first audio content associated with the first video content;
identifying, by the electronic device connected to a wireless network, a plurality of external electronic devices connected to the same wireless network as the electronic device, the plurality of external electronic devices including a first external electronic device and a second external electronic device, the first external electronic device including a speaker, and the second external electronic device including a speaker and a display;;
As to claim 1:
A method, and corresponding first multimedia device, of sharing of video data and audio data by a first multimedia device with second multimedia devices, the method comprising:
discovering a plurality of second multimedia devices when the first multimedia device is positioned within a communication range of the plurality of second multimedia devices;
displaying, by the electronic device, a list of the identified external electronic devices;
displaying, in response to the discovering, on a display of the first multimedia device, a list of the discovered second multimedia devices;
based on a first input to the electronic device for selecting one of the external electronic devices from the displayed list, streaming over the wireless network to the selected external electronic device, by the electronic device, at least one of the first video content or the first audio content associated with the first video content;
and based on a second input to the electronic device for selecting the first external electronic device and the second external electronic device for outputting the first audio content from the displayed list, displaying the first video content on the display of the electronic device and streaming to the first external electronic device and the second external electronic device, over the wireless network, the first audio content for output by the first external electronic device and the second external electronic device while the display of the second external electronic device displays content other than the first video content.
selecting at least two second multimedia devices from the list of the discovered second multimedia devices, based on an user input;
for each of the selected at least two second multimedia devices, displaying an option for sharing of the video data and the audio data, the displayed option comprising:
transmitting the audio data to the selected second multimedia device, or transmitting the video data and the audio data to the selected second multimedia device;
and transmitting the video data and the audio data to the selected at least two second multimedia devices in accordance with the corresponding displayed option for the second multimedia device.
Claims 1, 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10, 20 of U.S. Patent No. 10581933. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1, 7 of the instant invention are broader versions of claims 10, 20 of U.S. Patent No. 10581933.
Claims 1, 7 of instant invention
Claims 10, 20 of U.S. Patent No. 10581933
A method, and corresponding electronic device, comprising:
displaying, by an electronic device, first video content and outputting first audio content associated with the first video content;
identifying, by the electronic device connected to a wireless network, a plurality of external electronic devices connected to the same wireless network as the electronic device, the plurality of external electronic devices including a first external electronic device and a second external electronic device, the first external electronic device including a speaker, and the second external electronic device including a speaker and a display;
A method, and corresponding first multimedia device, of bi-directional sharing, by a first multimedia device, video data and audio data, with a plurality of second multimedia devices, the method comprising:
transmitting, by the first multimedia device, a low power signal;
receiving an audio-video sharing request to request sharing approval to share the video data and the audio data from each of the plurality of second multimedia devices in response to the first multimedia device being, discovered by the plurality of second multimedia devices, based on the transmitted low power signal;
displaying, by the electronic device, a list of the identified external electronic devices;
displaying, in response to the audio-video sharing requests that are received, on a display of the first multimedia device, the list of the plurality of second multimedia, devices from which the audio-video sharing requests have been received;
based on a first input to the electronic device for selecting one of the external electronic devices from the displayed list, streaming over the wireless network to the selected external electronic device, by the electronic device;
selecting second multimedia devices from the list of the plurality of second multimedia devices, based on a first user input;
transmitting an audio-video sharing approval or an audio-video sharing rejection of the received audio-video sharing requests to each of the selected second multimedia devices;
receiving and transmitting the video data and the audio data in accordance with the selected at least one option, in response to transmitting the audio-video sharing approval;
and outputting the video data and audio data, wherein the first multimedia device is discovered when the first multimedia device is positioned within a communication range of the second multimedia devices, wherein, the video data is reproducible by one of the selected second multimedia devices and the audio data is reproducible by another one of the selected second multimedia devices.
, at least one of the first video content or the first audio content associated with the first video content
selecting second multimedia devices from the list of the plurality of second multimedia devices, based on a first user input;
for each of the selected second multimedia devices, displaying options for bi-directional sharing of the video data and the audio data;
wherein the displayed options comprise:
transmitting video data to the second multimedia device, transmitting audio data to the second multimedia device, transmitting video and audio data to the second multimedia device, receiving video data from the second multimedia device, receiving audio data from the second multimedia device, and receiving video and audio data from the second multimedia device:
selecting at least one of the displayed options;
and based on a second input to the electronic device for selecting the first external electronic device and the second external electronic device from the displayed list, displaying the first video content on the display of electronic device and streaming to the first external electronic device and the second external electronic device, over the wireless network, the first audio content for output by the first external electronic device and the second external electronic device while the display of the second external electronic device displays content other than the first video content.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Note: In order to better show what is and is not taught by the references, Examiner shows some words underlined. Words that are underlined indicate teachings of the cited reference, and may not specifically be claimed.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Hassan et al (US20120147268, Hassan) in view of Al-Shaykh et al. (US20100332565, Al) in view of Lanier et al. (US20110183654, Lanier).
Claims, 1, 7:
A method, and corresponding electronic device, comprising:
displaying, by an electronic device, first video content and outputting first audio content associated with the first video content (¶ [0066]) (e.g., In the operating state illustrated in FIG. 3, a user has activated a media selection control to select a movie. The selected content may be presented through content display area 320. Accordingly, in the operating state illustrated by FIG. 3, a movie, representing selected audio-video content, is being presented in media display area 320.);
identifying, by the electronic device connected to a wireless network, a plurality of external electronic devices connected to the same wireless network as the electronic device, the plurality of external electronic devices including a first external electronic device and a second external electronic device, the first external electronic device including a speaker, and the second external electronic device including a speaker and a display; (¶ [0028], [0031], [0076]) (e.g., stereo 422, projector 424, television 442) connected to the same wireless network as the electronic device (e.g., Wi-Fi direct; Bluetooth, etc);
displaying, by the electronic device, a list of the identified external electronic devices (¶ [0076]) (e.g., a display area 420 is provided for devices that can present audio content only. A display area 430 is provided for devices that can present video content only. A further display area 440 is presented for devices that can present multimedia content);
based on a first input to the electronic device for selecting one of the external electronic devices from the displayed list, streaming over the wireless network to the selected external electronic device, by the electronic device, at least one of the first video content or the first audio content associated with the first video content (¶ [0077], [0078]) (e.g., a user may manipulate a mouse or other human interface device to select one of the discovered devices. Selecting a device may cause the media control application or other suitable component of computing device 210 to interact with the selected device to form an audio-video channel and a side channel over which both audio-video content and commands, respectively, may be communicated; Upon selection of presentation control 344, media control application 220 may respond by requesting operating system 230 transmit over the audio-video channel data representing audio-video content that appears in content display area 320. Selection of presentation control 344 may cause that audio-video content to be streamed over the audio-video channel instead of or in addition to being presented in content display area 320);
and based on a second input to the electronic device for selecting the first external electronic device and the second external electronic device for outputting the first audio content from the displayed list,
Displaying the first video content on the display of the electronic device and streaming to the first external electronic device and the second external electronic device, over the wireless network, the first audio content for output by the first external electronic device and the second external electronic device while the display of the second external electronic device displays the first video content on the display of electronic device
Hassan fails to specifically show: and based on a second input to the electronic device for selecting a first external electronic device and a second external electronic device from the displayed list,
Displaying the first video content on the display of electronic device and streaming to the first external electronic device and the second external electronic device, over the wireless network, the first audio content for output by the first external electronic device and the second external electronic device while the display of the second external electronic device displays content other than the first video content.
In the same field of invention, Al teaches: managing and/or rendering internet multimedia content. Al further teaches:
based on a second input to the electronic device for selecting a first external electronic device and a second external electronic device from the displayed list (¶ [0008], [0108]; [0116]) (e.g., user input may direct transmittal of the digital multimedia content files to one or more of the media rendering devices in the home network; As illustrated in FIG. 6, the application 15 may display the plurality of "Redirect" options that may correspond to the rendering devices 21, 22, 23 in the network 20; the target rendering device may be one or more of the rendering devices 21, 22, 23.),
displaying the first video content on the display of electronic device (¶ [0116]) (e.g., The application 15 may continue to display and/or to render the active multimedia object within the browser user interface 50 of the application 15 while substantially simultaneously and/or substantially synchronously rendering the active multimedia object on the target rendering device )
and streaming to the first external electronic device and the second external electronic device, over the wireless network, the first audio content for output by the first external electronic device and the second external electronic device (¶ [0008], [0112], [0082]) (e.g., user input may direct transmittal of the digital multimedia content files to one or more of the media rendering devices in the home network ; The enhanced multimedia controls 200 may provide and/or may display one or more of the enhanced multimedia option "Redirect" to direct an audio rendering device of the rendering devices 21, 22, 23 in the network 20 to render the active audio object)
Thus, it would have been obvious to one of ordinary skill in the art, having the teachings of Hassan and Al before the effective filing date of the invention, to have combined the teachings of Al with the method, and corresponding an electronic device, as taught by Hassan.
One would have been motivated to make such combination because a way to enable a web browser to render internet content on computing devices other than the computing device which hosts the web browser would have been obtained and desired, as expressly taught by Al (¶ [0006]).
In the same field of invention, Lanier teaches: playing multimedia content on a device based on a distance from other devices. Lanier further teaches:
based on a second input to the electronic device, displaying the first video content on the display of electronic device while the display of a second external electronic device displays content other than the first video content (¶ [0030], [0053], [0062]) (e.g., transmitting multimedia content for display on a first user interface device; concurrently transmitting related content for display on a second user interface device, at least a portion of the multimedia content and at least a portion of the related content being similar or identical; only an automatically selected spatial portion of the media content is displayed on the secondary user interface device, while the media content in its entirety is concurrently displayed on the primary user interface device; The related content may include actor information, plot synopsis, scene information, geographic information, etc. or any other information associated with the multimedia content.).
Thus, it would have been obvious to one of ordinary skill in the art, having the teachings of Hassan, Al, Lanier before the effective filing date of the invention, to have combined the teachings of Lanier with the method, and corresponding an electronic device, as taught by Hassan, Al.
One would have been motivated to make such combination because a way to help viewers understand a complex storyline would have been obtained and desired, as expressly taught by Lanier (¶ [0062]).
As to claims 2, 8, Hassan further shows:
wherein the electronic device comprises a smartphone (¶ [0030], [0144]) (e.g., computing device 120 may be a PDA).
As to claims 3, 9, Hassan further shows:
wherein the plurality of external electronic devices includes a speaker (¶ [0076]) (e.g., presentation devices are presented through graphical user interface 400 in a way that reveals their capabilities for presentation of audio-video content. In this example, a display area 420 is provided for devices that can present audio content only).
As to claims 4, 10, Hassan further shows:
wherein the plurality of external electronic device includes a television (¶ [0076]) (e.g., Display area 440 contains two icons, icon 442 indicating that a television has been detected).
As to claims 5, 11, Hassan further shows:
further comprising:
displaying, by the electronic device, a notification regarding an identified external electronic device (¶ [0076]) (e.g., Display area 440 contains two icons, icon 442 indicating that a television has been detected and icon 444 indicates that a tablet PC has been detected).
As to claim 6, 12, Al further teaches:
wherein the first and second inputs comprise touch inputs via a touch screen (¶ [0085]) (the input means may be a keyboard, a keypad, a mouse, a 4-way navigation pad, a click wheel, a joystick, a touch screen, a set of programmable "soft keys," a series of buttons on a remote control associated with a television or a set-top box and/or the like).
One would have been motivated to make such combination because a way to enable a web browser to render internet content on computing devices other than the computing device which hosts the web browser would have been obtained and desired, as expressly taught by Al (¶ [0006]).
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.”
Response to Arguments
Applicant’s arguments have been fully considered but are not persuasive. Examiner reiterates that references to specific columns, figures or lines should not be limiting in any way. The entire reference provides disclosure related to the claimed invention.
At page 6, bottom paragraph, Applicant’s argument seems to state that the Hasan reference does not teach the invention as a whole. Then at page 7, first paragraph Applicant’s arguments seem to state that the Al-shaykh reference does not teach the missing limitations of Hasan. Finally, at page 7, penultimate paragraph, Applicant’s arguments seem to state that the Lanier reference does not teach what is missing from the Hasan and Al-shaykh references.
Examiner disagrees.
One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). See MPEP 2145.
Therefore, Hasan, Al-shaykh, and Lanier continue to render obvious the instant invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Liu et al. [U.S. 20180032299], PAIRING SYSTEM AND PAIRING METHOD FOR DISPLAY DEVICES AND MULTI-MEDIA DEVICES
Vasudevan et al. [U.S. 20040267965], System And Method For Rendering Content On Multiple Devices
Rosenblatt et al. [U.S. 2009027649], Method For Simplified Data Transfer
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jordany Núñez whose telephone number is (571)272-2753. The examiner can normally be reached on M-F 8:30 AM - 5 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Ell can be reached on 57127241283264. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JORDANY NUNEZ/Primary Examiner, Art Unit 2145 3/27/2026