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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-8 in the reply filed on 04/29/2026 is acknowledged.
Claims 9-20 are withdrawn from prosecution.
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 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7 of U.S. Patent No. 11,086,589 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because at least one claim of the instant application is being taught by the claims of the U.S. Patent.
Patented claim 1 recites a playback system for audio content which perform the feature of stopping playback of the second podcast episode on the first playback device and continuing playback of the second podcast episode on the second playback device.
The pending claim 1 recites a playback system for audio content which perform the similar feature of stopping playback of the second podcast episode on the first playback device and continuing playback of the second podcast episode at the vehicle.
Therefore, the patented claim 1 anticipates the pending 1.
Pending claims
Patented claims
1. A playback system for audio content comprising a first playback device, a vehicle, and a mobile device, the mobile device comprising: at least one processor; and at least one non-transitory computer-readable medium comprising program instructions that are executable by the at least one processor such that the playback system is configured to: capture user input selecting a podcast channel; start playback of a first podcast episode on the first playback device, wherein the playback of the first podcast episode starts at a location where playback was previously stopped; continue playback of a second podcast episode on the first playback device, wherein an order to play podcast episodes is: updated by the selected podcast channel across at least the first playback device and the vehicle to include the second podcast episode without user input; and stop playback of the second podcast episode on the first playback device and continuing playback of the second podcast episode at the vehicle.
1. A playback system for audio content comprising a first playback device, a second playback device, and a mobile device on a local network, the mobile device comprising: one or more processors; tangible, non-transitory computer-readable medium having stored thereon instructions executable by the one or more processors to perform a method comprising: capturing user input selecting an alarm function on a graphical user interface on the mobile device; capturing, on the graphical user interface on the mobile device, user input selecting a time for playing an alarm on the first playback device; capturing, on the graphical user interface on the mobile device, user input selecting an audio service, where the audio service is a podcast service; capturing, on the graphical user interface on the mobile device, user input selecting a podcast channel; updating the graphical user interface to reflect the selected podcast channel; capturing user input, while configuring the alarm, that specifies what order to play podcast episodes from the selected podcast channel; starting playback of a first podcast episode on the first playback device according to the specified order to play podcast episodes by the captured user input specifying what order to play podcast episodes and the selected time for playing an alarm, where the playback of the first podcast episode starts at a location where playback was previously stopped; and continuing playback of a second podcast episode on the first playback device according to the specified order to play podcast episodes, where the specified order to play podcast episodes is: associated with a particular podcast user profile in the selected podcast service and; updated by the selected podcast channel across at least the first playback device and a second playback device to include the second podcast episode without user input; stopping playback of the second podcast episode on the first playback device and continuing playback of the second podcast episode on the second playback device.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GERALD GAUTHIER whose telephone number is (571)272-7539. The examiner can normally be reached 8:00 AM to 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN R EDWARDS can be reached at (571) 270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GERALD GAUTHIER/Primary Examiner, Art Unit 2692
July 21, 2026
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