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 .
Status of Claims
Claims 1-37 and 41-59 are cancelled.
Claims 38-40 and 60-64 are pending.
No claims are amended.
Response to Arguments
Applicant’s arguments, filed 8/5/2025, with respect to the rejection(s) of claims 38-40 and 60-64 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is being made.
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 38 and 61 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,750,854. The patent covers the invention at the headend, while the instant claims cover the invention at the user device. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to one of ordinary skill in the art to broaden the claims of the patent to remove or alter limitations to yield the instant claims.
Instant Claims
US Patent
38. A method for use in providing addressable assets in a satellite broadcast network, comprising: receiving, at a user equipment device (UED) of said satellite network, a satellite transmission having multiple multiplexes (MUXs) wherein a first MUX of said satellite transmission includes a first programming channel and first asset channels that include first asset options for a first asset delivery opportunity (ADO) of said first programming channel;
obtaining, at said UED, first asset selection information concerning a first asset of said first asset options to be delivered at said UED at said first ADO of said first programming channel;
detecting, at said UED, a first ADO signal indicating an occurrence of said first ADO;
and tuning said UED from said first programming channel of said first MUX to a selected one of said first asset channels associated with said first asset responsive to said first asset selection information and said first ADO signal.
1. A method for use in providing addressable assets in a satellite broadcast network, comprising: providing, in connection with said satellite television network, a satellite transmission, from a satellite source to a terrestrial receiver, having multiple multiplexes (MUXs) where each MUX includes multiple content channels;
inserting a first programming channel in a first MUX of said satellite transmission; inserting another programming channel in another MUX of said satellite transmission;
and inserting one or more first asset channels in said first MUX of said satellite transmission, said asset channels including asset options for one or more programming channels;
said first programming channel having an asset delivery opportunity occurring in a first time window and each of said first asset channels including an asset in said first time window.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 38-40 and 60-64 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US 2008/0276271), hereinafter referred to as Anderson, in view of Smallcomb (US 2013/0201895), hereinafter referred to as Smallcomb.
Regarding claim 38, Anderson discloses a method for use in providing addressable assets in a satellite broadcast network, comprising: receiving, at a user equipment device (UED) of said satellite network, a satellite transmission having multiple multiplexes (MUXs) wherein a first MUX of said satellite transmission includes a first programming channel and first asset channels that include first asset options for a first asset delivery opportunity (ADO) of said first programming channel (paragraphs 82, 108-109 and 283 wherein users over multiple channels (some or all users of each channel) can be aggregated (relative to a given asset and time window) to define a virtual channel having significant user numbers matching a targeted audience classification);
obtaining, at said UED, first asset selection information concerning a first asset of said first asset options to be delivered at said UED at said first ADO of said first programming channel (paragraphs 112, 251 wherein CPE includes a channel selector which is operative to switch to an asset channel associated with a desired asset at the beginning of a break and to return to the programming channel at the end of the break);
and detecting, at said UED, a first ADO signal indicating an occurrence of said first ADO (paragraph 96 wherein the cue generally occurs a few seconds before the start of the asset delivery insertion opportunity and may occur, for example, during programming or during the break (e.g., during a national ad)).
However, Anderson is silent in regards to disclosing tuning said UED from said first programming channel of said first MUX to a selected one of said first asset channels associated with said first asset responsive to said first asset selection information and said first ADO signal
Smallcomb discloses tuning said UED from said first programming channel of said first MUX to a selected one of said first asset channels associated with said first asset responsive to said first asset selection information and said first ADO signal (paragraph 43 wherein upon determining that one of the terrestrial stream pipes is designated for terrestrial content only, the terrestrial repeater ignores any received data contained within the designated pipe and functions to inject additional local content in the designated pipe, and wherein local content may include some form of advertisement or local service including broadcast data unique to the local area, such as weather or traffic alerts).
Smallcomb provides motivation to combine the references wherein additional data capacity realized by improved or enhanced hierarchical modulation techniques can provide unique opportunities to enhance legacy SDARS services or other legacy broadcast services of systems that transmit data using diversity streams (paragraph 8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Anderson with the teachings of Smallcomb wherein additional data capacity realized by improved or enhanced hierarchical modulation techniques can provide unique opportunities to enhance legacy SDARS services or other legacy broadcast services of systems that transmit data using diversity streams.
Regarding claim 39, Anderson discloses the method as set forth in Claim 38, further comprising tuning said UED from said selected one of said first asset channels to said first programming channel after delivering said first asset (paragraph 104 wherein platform associated with the headend inserts programming from the program feed and assets from the asset source into the video stream of an individual channel).
Regarding claim 40, Anderson discloses the method as set forth in Claim 38, further comprising operating said UED to provide one of vote information for use in selecting asset options to be provided in said satellite transmission or report information concerning one or more assets delivered at said UED (paragraph 113 wherein the determination of which asset to show may be made at the headend. For example, an asset may be selected based on voting as described below, and inserted at the headend into the programming channel without options on other asset channels).
Regarding claim 60, Anderson discloses the method as set forth in Claim 38, wherein said satellite transmission further comprises a second programming channel in a second MUX different than said first MUX, and one or more second asset channels in said second MUX of said satellite transmission, said second programming channel having a second ADO occurring in a second timewindow and said second asset channels including second asset options in said second time window, and said method further comprises: obtaining, at said UED, second asset selection information concerning a second asset of said second asset options to be delivered at said UED at said second ADO of said second programming channel (fig. 6, paragraphs 82, 108-109 and 283 wherein users over multiple channels (some or all users of each channel) can be aggregated (relative to a given asset and time window) to define a virtual channel having significant user numbers matching a targeted audience classification);
and detecting, at said UED, a second ADO signal indicating an occurrence of said second ADO (paragraph 96 wherein the cue generally occurs a few seconds before the start of the asset delivery insertion opportunity and may occur, for example, during programming or during the break (e.g., during a national ad)).
Smallcomb discloses tuning said UED from said second programming channel of said first MUX to a selected one of said second asset channels associated with said second asset responsive to said second asset selection information and said second ADO signal (paragraph 43 wherein upon determining that one of the terrestrial stream pipes is designated for terrestrial content only, the terrestrial repeater ignores any received data contained within the designated pipe and functions to inject additional local content in the designated pipe, and wherein local content may include some form of advertisement or local service including broadcast data unique to the local area, such as weather or traffic alerts).
Regarding claim 61, Anderson discloses a user equipment device (UED) for use in providing addressable assets in a satellite broadcast network, comprising: a receiver for receiving a satellite transmission having multiple multiplexes (MUXs) wherein a first MUX of said satellite transmission includes a first programming channel and first asset channels that include first asset options for a first asset delivery opportunity (ADO) of said first programming channel (paragraphs 82, 108-109 and 283 wherein users over multiple channels (some or all users of each channel) can be aggregated (relative to a given asset and time window) to define a virtual channel having significant user numbers matching a targeted audience classification);
and a processor, associated with said receiver, operative for: obtaining first asset selection information concerning a first asset of said first asset options to be delivered at said UED at said first ADO of said first programming channel (paragraphs 112, 251 wherein CPE includes a channel selector which is operative to switch to an asset channel associated with a desired asset at the beginning of a break and to return to the programming channel at the end of the break);
and detecting a first ADO signal indicating an occurrence of said first ADO (paragraph 96 wherein the cue generally occurs a few seconds before the start of the asset delivery insertion opportunity and may occur, for example, during programming or during the break (e.g., during a national ad)).
However, Anderson is silent in regards to disclosing tuning said UED from said first programming channel of said first MUX to a selected one of said first asset channels associated with said first asset responsive to said first asset selection information and said first ADO signal.
Smallcomb discloses tuning said UED from said first programming channel of said first MUX to a selected one of said first asset channels associated with said first asset responsive to said first asset selection information and said first ADO signal (paragraph 43 wherein upon determining that one of the terrestrial stream pipes is designated for terrestrial content only, the terrestrial repeater ignores any received data contained within the designated pipe and functions to inject additional local content in the designated pipe, and wherein local content may include some form of advertisement or local service including broadcast data unique to the local area, such as weather or traffic alerts).
Smallcomb provides motivation to combine the references wherein additional data capacity realized by improved or enhanced hierarchical modulation techniques can provide unique opportunities to enhance legacy SDARS services or other legacy broadcast services of systems that transmit data using diversity streams (paragraph 8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Anderson with the teachings of Smallcomb wherein additional data capacity realized by improved or enhanced hierarchical modulation techniques can provide unique opportunities to enhance legacy SDARS services or other legacy broadcast services of systems that transmit data using diversity streams.
Regarding claim 62, Anderson discloses the UED as set forth in Claim 61, wherein said processor is further operative for tuning said UED from said selected one of said first asset channels to said first programming channel after delivering said first asset (paragraph 104 wherein platform associated with the headend inserts programming from the program feed and assets from the asset source into the video stream of an individual channel).
Regarding claim 63, Anderson discloses the UED as set forth in Claim 61, wherein said satellite transmission further comprises a second programming channel in a second MUX different than said first MUX, and one or more second asset channels in said second MUX of said satellite transmission, said second programming channel having a second ADO occurring in a second time window and said second asset channels including second asset options in said second time window, and said processor is further operative for: obtaining second asset selection information concerning a second asset of said second asset options to be delivered at said UED at said second ADO of said second programming channel (fig. 6, paragraphs 82, 108-109 and 283 wherein users over multiple channels (some or all users of each channel) can be aggregated (relative to a given asset and time window) to define a virtual channel having significant user numbers matching a targeted audience classification);
and detecting a second ADO signal indicating an occurrence of said second ADO (paragraph 96 wherein the cue generally occurs a few seconds before the start of the asset delivery insertion opportunity and may occur, for example, during programming or during the break (e.g., during a national ad)).
Smallcomb discloses tuning said UED from said second programming channel of said first MUX to a selected one of said second asset channels associated with said second asset responsive to said second asset selection information and said second ADO signal (paragraph 43 wherein upon determining that one of the terrestrial stream pipes is designated for terrestrial content only, the terrestrial repeater ignores any received data contained within the designated pipe and functions to inject additional local content in the designated pipe, and wherein local content may include some form of advertisement or local service including broadcast data unique to the local area, such as weather or traffic alerts).
Regarding claim 64, Anderson discloses the UED as set forth in Claim 61, further comprising operating said processor to provide one of vote information for use in selecting asset options to be provided in said satellite transmission or report information concerning one or more assets delivered at said UED (paragraph 113 wherein the determination of which asset to show may be made at the headend. For example, an asset may be selected based on voting as described below, and inserted at the headend into the programming channel without options on other asset channels).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES N HICKS whose telephone number is (571)270-3010. The examiner can normally be reached Monday-Friday 10-7 EST.
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/CHARLES N HICKS/Examiner, Art Unit 2424
/BENJAMIN R BRUCKART/Supervisory Patent Examiner, Art Unit 2424