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 .
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).
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Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 9,729,599. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘599 patent, while using different language and arranged in different dependencies, make obvious the limitations presented in the instant application, including accessing to a cloud queue by different media playback systems, restriction of access within a network of devices, and utilization of playhead pointer to indicate currently playing media item of the cloud queue. Rearrangement of limitations and using different terminology would have been obvious to one of ordinary skill in the art at the time the invention was filed.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 9,648,071. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘071 patent, while using different language and arranged in different dependencies, make obvious the limitations presented in the instant application, including subscribing to a cloud queue, restriction of access, and utilization of playhead pointer to indicate currently playing media item of the cloud queue. Rearrangement of limitations and using different terminology would have been obvious to one of ordinary skill in the art at the time the invention was filed.
Claims 1– 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 9,648,070. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘070 patent, while using different language and arranged in different dependencies, make obvious the limitations presented in the instant application, including accessing to a cloud queue by different media playback systems and restriction of access within a network of devices. Rearrangement of limitations and using different terminology would have been obvious to one of ordinary skill in the art at the time the invention was filed.
Claims 1– 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 11,831,627. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘627 patent, while using different language and arranged in different dependencies, are more specific and make obvious the limitations presented in the instant application. Rearrangement of limitations and using different terminology would have been obvious to one of ordinary skill in the art at the time the invention was filed.
Claims 1– 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 9924221. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent, while using different language and arranged in different dependencies, make obvious the limitations presented in the instant application, including accessing to a cloud queue by different media playback systems using queue identifier and restriction of access within a network of devices. See for example, claims 1 and 6 of the patent. Rearrangement of limitations and using different terminology would have been obvious to one of ordinary skill in the art at the time the invention was filed.
Claims 1– 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 11,528,527. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent, while using different language and arranged in different dependencies, make obvious the limitations presented in the instant application, including accessing to a cloud queue by different media playback systems using queue identifier and restriction of access within a network of devices. See for example, claims 1-6 of the patent. Rearrangement of limitations and using different terminology would have been obvious to one of ordinary skill in the art at the time the invention was filed.
Claims 1– 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 9,953,179. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent, while using different language and arranged in different dependencies, make obvious the limitations presented in the instant application, including accessing to a cloud queue by different media playback systems using queue identifier and restriction of access within a network of devices. See for example, claims 1 and 7-9 of the patent. Rearrangement of limitations and using different terminology would have been obvious to one of ordinary skill in the art at the time the invention was filed.
Claims 1– 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 12,063,412. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent, while using different language and arranged in different dependencies, make obvious the limitations presented in the instant application, including accessing to a cloud queue by different media playback systems using queue identifier and restriction of access within a network of devices. See for example, claims 1-7 of the patent. Rearrangement of limitations and using different terminology would have been obvious to one of ordinary skill in the art at the time the invention was filed.
Claims 1– 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 23 of U.S. Patent No. 9,891,880. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent, while using different language and arranged in different dependencies, make obvious the limitations presented in the instant application, including accessing to a cloud queue by different media playback systems using identifier and restriction of access within a network of devices. Rearrangement of limitations and using different terminology would have been obvious to one of ordinary skill in the art at the time the invention was filed.
Claims 1– 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 20 of U.S. Patent No. 9,460,755. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent, while using different language and arranged in different dependencies, make obvious the limitations presented in the instant application, including accessing to a cloud queue by different media playback systems using queue identifier and restriction of access within a network of devices. See for example, claims 1-4 of the patent. Rearrangement of limitations and using different terminology would have been obvious to one of ordinary skill in the art at the time the invention was filed.
Claim Objections
Claims 1, 11, and 19 are objected to because of the following informalities: the “establish a cloud queue” paragraph should end with a semicolon. Appropriate correction is required.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gran et al. (US 2014/0052770) in view of Sullivan (US 2010/0281178).
Claim 1
Gran teaches a computing system comprising: at least one network interface; 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 computing system is configured to:
receive, via the at least one network interface from a control device (630 of Fig. 6), first data, the first data representing one or more commands to play back first media items on one or more playback devices ([0165], The control device 630 communicates with the media server 605 in order to discover, select, arrange, and/or organize media objects 625 for delivery to the media playback device 610.), wherein the control device and the one or more playback devices are connected to a local area network (See user control device 630 in communication with the media playback device 610 in Fig. 6; [0167], the control device 630 may be a standard UPnP AV control point and/or a standard DLNA control point), and
wherein the computing system is outside of the local area network ([0003], The media server may reside in the same local area network as the playback device, or the media server may be remotely accessible via the internet; media server 605 in Fig. 6; [0167], the media server 605 may accept standard requests from the control device 630 to render media objects 625 available from the media server 605.);
establish a cloud queue that includes the first media items according to the one or more commands to play back first media items on the one or more playback devices (Fig. 6; [0167], In response to such requests, the media server 605 may add the requested media objects 625 to a dynamic queue maintained internally by the media server 605.);
assign a cloud queue identifier to the cloud queue, the cloud queue identifier providing device authentication to access the cloud queue for a duration of a playback session ([0127], maintain an internal record of which identification strings correspond to each playlist and/or each media playback device 110. The purpose is that the media server 205, when receiving an incoming media request, will be able to identify the playlist 210 and/or the media playback device 110 from which the media request was generated; [0116], each generic URL 215 may additionally identify the playlist 210. See for example, “top-5-news” in [0117]; [0139], A media playback device (not shown, refer to 110 in FIG. 2) uses the playlist 510 of Generic URLs 515 to access Media-Object-A as referenced by QueueEntry-1.);
cause, via the at least one network interface, the one or more playback devices to play back the cloud queue, wherein during playback of the cloud queue, a cloud queue playhead indicates a currently playing media item of the cloud queue ([0021], The first media object corresponds to the first entry in the dynamic queue mapped by the media server in response to the first media request. The media server delivers the first media object to the media playback device via the network.);
during the playback session, receive, via the at least one network interface, second data, the second data representing one or more commands to play back second media items on the one or more playback devices ([0142], Alternately, the modification may be based on instructions from a user, for example the media server 505 may have a user interface which allows a user to control and to modify the contents of the dynamic queue 502 in real time.),
wherein the second data comprises the cloud queue identifier ([0090], The media server may modify the mapping of generic URLs to media objects, and may utilize the modified mapping to respond to subsequent requests from the media playback device. [0101], The playlist 210 will generally have at least two generic URLs 215 so that a media server may distinguish whether a media request refers to the same generic URL as used in a previous media request, or to a different generic URL. [0132] In step 416, the media playback device 410 may send a second media request to the media server 405 wherein the second media request specifies GenericURL-2.);
determine that the one or more commands to play back the second media items are permitted according to the device authentication based on the second data including the cloud queue identifier (The GenericaURL-2: for example: [0121] http://192.68.0.105/top-5-news/item05.mp4);
add the second media items to the cloud queue according to the one or more commands to play back the second media items ([0166] the control device 630 may essentially create, populate, modify and/or control a dynamic queue within the media server 605, and the media playback device 610 may request, retrieve and play media objects from the dynamic queue in a manner similar to that previously described. See also [0168]);
Still Gran may not clearly detail after the playback session expires, revoke the device authentication to access the cloud queue.
Sullivan teaches after the playback session expires, revoke the device authentication to access the cloud queue ([0009], A system for distributing audio content from plural audio sources to plural client terminals located on a network is taught. [0010], the client terminal receives the digital audio file, reproduces the audio content therein and displays data contained in the digital audio file. [0024], The transmission package also includes a first registrar process that maintains a database of client terminal account information for determining content and controlling delivery of directory streams of directory packets and for controlling access to the directory packet database by the plural client terminals. [0200] Tokens expire, and unless renewed at regular intervals, each token is cleared by the registrar after a timeout period… To allow turnover of connected clients, it may be advantageous to establish a maximum connection time for clients using user accounts within a package namespace. Such limits may be implemented, for example, by recording the time of token generation at the registrar, deleting the token after a predetermined interval, and if that token is still in use for a stream connection, closing that connection while providing a notice that the maximum connection time has been reached.).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Sullivan to Gran. Doing so would have provided a way to decline to send audio content by the directory server to any client terminal that is not authorized by the directory server. In another embodiment, the method includes requiring an access code from the first client terminal prior to sending the digital audio file from the network audio server. ([0023] of Sullivan).
Claim 2
The combination teaches the computing system of claim 1, wherein the cloud queue identifier comprises an authorization token, and wherein the program instructions that are executable by the at least one processor such that the computing system is configured to revoke the device authentication comprise program instructions that are executable by the at least one processor such that the computing system is configured to: expire the authorization token to prevent further access to the cloud queue according to the device authentication ([0200] of Sullivan, Tokens expire, and unless renewed at regular intervals, each token is cleared by the registrar after a timeout period).
Claim 3
The combination teaches the computing system of claim 1, wherein the program instructions that are executable by the at least one processor such that the computing system is configured to revoke the device authentication comprise program instructions that are executable by the at least one processor such that the computing system is configured to: detect that a threshold amount of time has passed since a trigger condition corresponding to access of the cloud queue occurred ([0200] of Sullivan, each token is cleared by the registrar after a timeout period… Such limits may be implemented, for example, by recording the time of token generation at the registrar, deleting the token after a predetermined interval,).
Claim 4
Gran of the combination teaches the computing system of claim 1, wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor such that the computing system is configured to: after assignment of the cloud queue identifier to the cloud queue, send, via the at least one network interface, data representing the cloud queue identifier to (i) the one or more playback devices and (ii) the control device ([0175] The control device 630 (not shown in FIGS. 7a-7f) may communicate with the media server 705 to create, modify, and/or control the dynamic queue 740 of media objects 725 for presentation to the media playback device 610…The media playback device 610 may receive the playlist 710 of generic URLs 715, and may proceed to issue media requests based on the generic URLs 715. [0178], In response, the media server 705 may return to the control device a list of media objects which match the provided keywords. For each media object 725, the media server 705 may provide metadata which identifies and/or describes the media object to the human user, as well as an identifier for the media object. See also [0179]).
Claim 5
Gran of the combination teaches the computing system of claim 1, wherein the program instructions that are executable by the at least one processor such that the computing system is configured to cause the one or more playback devices to play back the cloud queue comprise program instructions that are executable by the at least one processor such that the computing system is configured to: maintain a sliding window of media items from the cloud queue in a local queue on a particular playback device of the one or more playback devices, wherein the sliding window slides during playback of the cloud queue to include the currently playing media item and one or more media items of the cloud queue that are subsequent to the currently playing media item ([0137], The playlist 510 is illustrated in FIGS. 5a-5e, and for the current example is shown having three generic URLs 515. The media playback device is not shown in FIGS. 5a-5e; however, a "play" position symbol () 520 is placed on the playlist 510 within each of FIGS. 5a-5e to indicate the current playback position of the media playback device. [0141], The media server 505 will recognize that Generic URL-2 is the second URL of the playlist 510, and that this URL is one position higher than the URL used in the previous request from the media playback device. Therefore, the media server 505 will map the media request to the next entry in the dynamic queue 502, namely QueueEntry-2. )
Claim 6
The combination teaches the computing system of claim 1, wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor such that the computing system is configured to: cause, via the at least one network interface, the control device to display (i) a graphical representation of the currently playing media item of the cloud queue and (ii) a graphical representation of at least one media item that is subsequent to the currently playing media item in the cloud queue ([0162] of Sullivan, Information about the currently playing audio file, and its corresponding channel appear in the main display window 304. For example, skip button 306 in Fig. 15 of Sullivan; [0180] The NetScanner client terminal routinely applies an algorithm to determine what audio content is to be next played, given the state of the NetScanner client terminal.).
Claim 7
Gran of the combination teaches the computing system of claim 1, wherein an at least one additional control device is connected to the local area network, and wherein the at least one non-transitory computer- readable medium further comprises program instructions that are executable by the at least one processor such that the computing system is configured to: cause, via the at least one network interface, the at least one additional control device to display respective graphical representations of the currently playing media item of the cloud queue ([0165], The control device 630 communicates with the media server 605 in order to discover, select, arrange, and/or organize media objects 625 for delivery to the media playback device 610. The control device 630 may be a mobile telephone, a smartphone, a tablet computing device…and/or the like. [0166] As a first example of an embodiment of the present invention, the control device 630 may have a web browser and the media server 605 may provide web pages which are displayed in the web browser and which allow a user of the control device 630 to browse, search, and/or discover media content accessible to and/or available from the media server 605 and to select, arrange, and/or organize media objects 625 for delivery to the media playback device 610. By interacting with the web pages, the control device 630 may essentially create, populate, modify and/or control a dynamic queue within the media server 605, and the media playback device 610 may request, retrieve and play media objects from the dynamic queue in a manner similar to that previously described. [0192], the media server may communicate with multiple different control devices which may request additions or modifications to the one or multiple dynamic queues maintained by the media server.).
Claim 8
Gran of the combination teaches the computing system of claim 1, wherein the program instructions that are executable by the at least one processor such that the computing system is configured to receive the second data comprise program instructions that are executable by the at least one processor such that the computing system is configured to: receive, via the at least one network interface from a second control device, the second data ([0192], the media server may communicate with multiple different control devices which may request additions or modifications to the one or multiple dynamic queues maintained by the media server.).
Claim 9
Gran of the combination teaches the computing system of claim 8, wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor such that the computing system is configured to: receive, via the at least one network interface from the second control device, data representing a request for access to the cloud queue; grant the second control device access to the cloud queue according to the device authentication; and send, via the at least one network interface to the second control device, data representing the cloud queue identifier ([0192], the media server may communicate with multiple different control devices which may request additions or modifications to the one or multiple dynamic queues maintained by the media server. [0178], In response, the media server 705 may return to the control device a list of media objects which match the provided keywords. For each media object 725, the media server 705 may provide metadata which identifies and/or describes the media object to the human user, as well as an identifier for the media object.).
Claim 10
The combination teaches the computing system of claim 8, wherein the at least one non-transitory computer-readable medium further comprises program instructions that are executable by the at least one processor such that the computing system is configured to: receive, via the at least one network interface from the second control device, third data, the third data representing one or more commands to play back the cloud queue in synchrony on the one or more playback devices and at least one additional playback device; and grant the at least one additional playback device access to the cloud queue according to the device authentication ([0004] of Gran, Such a media server may interwork with any media playback devices and/or control point devices which are compliant to the UPnP AV standards and/or the DLNA guidelines. [0166] As a first example of an embodiment of the present invention, the control device 630 may have a web browser and the media server 605 may provide web pages which are displayed in the web browser and which allow a user of the control device 630 to browse, search, and/or discover media content accessible to and/or available from the media server 605 and to select, arrange, and/or organize media objects 625 for delivery to the media playback device 610. [0192], the media server may communicate with multiple different control devices which may request additions or modifications to the one or multiple dynamic queues maintained by the media server. See also [0113] of Sullivan, Outbound transmission of packets…to client terminals).
Claims 11-18
These claims recite substantially the same limitations as those provided in claims 1-8 above respectively, and therefore they are rejected for the same reasons.
Claims 19-20
These claims recite substantially the same limitations as those provided in claims 1-2 above respectively, and therefore they are rejected for the same reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS H MAUNG whose telephone number is (571)270-5690. The examiner can normally be reached Monday-Friday, 9am-6pm, EST.
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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 1-(571) 2707136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOMAS H MAUNG/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692