DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/05/2026 has been entered.
Response to Arguments
3. Applicant’s arguments with respect to claim(s) 21-30 and 32-40 have been considered but are moot in view of a new ground(s) of rejection. The amendments to the claims necessitated the new ground(s) of rejection discussed below.
With respect to the last office action, Applicant amends claims discusses the claims limitations and the prior art of record and further argues that the PAR does not meet the claims limitations (see Applicant’s Remarks).
In response, the Examiner note Applicant’s arguments/amendment, however the amends do not overcome the PAR for these reasons: the PAR discloses that server 6, may include a home communication terminal, a PC (such as a router, STB, etc.) which may include integrated hard disk (see {0027-0030); The PAR further discloses a router computing device (Server 6, an interceptor), intercepts EAS message from the server/client computing device, communicatively coupled to the router computing device, a first Internet Protocol (IP) streaming content request that is directed to the content server and identifies a location (URL, [0073-0083] and [0086-0094]) of IP streaming content to be streamed to the client computing device by the content server ([0067-0072], [0096-0113], [0124-0140] and [0143-0169-note various conditions]); EAS may be delivery from CP-4 to server 6 within geographical regions, where server 6 filters EAS accordingly; wherein intercepting (uses discovery messages and notifying clients responsive to receiving new messages or updates; feature list which may be sent to the client as a unicast message, if IP streaming content is being displayed, it is stopped for new EAS or updates the messages further includes URL where streaming content is retrieved) receives the IP streaming content request via a communications network; and prevents the IP streaming content request from being passed on via a communications network to the content server, and transmits, via the router computing device to the client computing device, a first redirection response message comprising the EAS media file manifest URL (sees [0041-0046], [0048-0064], [0085-0113], [0124-0140], [0143-0169-note various conditions]); CDSS offers EAS on-demand servers, EAS live broadcast services, audio, video, etc., provides EAS feature list, manages local advertising and local URLs to support DLNA services and other LAN services of specific set of device types, manages EAS services to delete and discard expired EAS services, supports mDNS services with UPnP Client devices locating server(s) on the LAN, Client device(s) may be a host devices (i.e., as CDSS) to other devices all being mange by the specific CDSS, as discussed below in the office action. Hence the amendments do not overcome the PAR. This office action is non-final.
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 21-25 and 30-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over STEIN (2014/0059594) in view of OKAMURA et al (2018/0054656).
As to claims 21-23, STEIN discloses processing emergency alert system messages and further discloses a method comprising:
Receiving, by a router computing device comprising a memory and processor device communicatively coupled to the memory (figs.1, CDS-Server(s) “CDSS”-includes a memory and a processor configured to) from a server computing device (EAS Server/Service Provider/CDS “EASS/SP/CDS” including host client device(s)-provides on-demand EAS streaming services, live broadcast multimedia services, audio, video, etc.) (figs.1-9B, [0014-0017], a first Emergency Alert System (EAS) notification comprising an EAS media file manifest Universal Resource Locator (URL) of an EAS media file, where the EAS media file manifest URL indicates a location of an EAS media file(A/V/D) manifest, the router computing device (CDSS) being configured to route requests from the client computing device (Client(s)) to a content server (CMTS and other content server(s)) that is configured to stream content ([0019-0020], [0026-0035], [0039-0042], [0067] and [0163-0168]), each CDSS(s) within geographical region, receives MPEG streaming A/V/D or multimedia, delivering EAS live multimedia services to specific to a geographical location and process some of all the multimedia services, filtering for location based services; EAS notification: streaming live broadcast or IP multicast, text scrolling, text scrolling with audio, video details, etc.; provides EAS file, listing or container: digital objects and descriptors including URLs (playlist or manifest); EAS content Container: EAS ads, EAS subscription URLs, A/V/D playlist that indicates a content provider etc., “CDSS(s)” as a router computing device provides streaming services (IP streaming services from CMTS and other content server(s)) via a content server to the clients using the URLs; each CDSS(s) within geographical region, receives MPEG streaming A/V/D or multimedia, delivering EAS live multimedia services to specific to a geographical location and process some of all the multimedia services, filtering for location based services; streaming live broadcast or IP multicast, text scrolling, text scrolling with audio, video details, etc.; provides EAS file, listing or container: digital objects and descriptors including URLs (playlist or manifest); EAS content Container: EAS ads, EAS subscription URLs, A/V/D playlist that indicates a content provider, etc.; and Responsive to receiving the first EAS notification (EAS services: live broadcast or IP multicast, text scrolling, text scrolling with audio, video details, etc.,: intercepting, by the router computing device (Server 6) from a client computing device communicatively coupled to the router computing device, a first Internet Protocol (IP) streaming content request that is directed to the content server and identifies a location (URL, [0073-0083] and [0086-0094]) of IP streaming content to be streamed to the client computing device by the content server ([0067-0072], [0096-0113], [0124-0140] and [0143-0169-note various conditions]); EAS may be delivery from CP-4 to server 6 within geographical regions, where server 6 filters EAS accordingly; wherein intercepting (uses discovery messages and notifying clients responsive to receiving new messages or updates; feature list which may be sent to the client as a unicast message, if IP streaming content is being displayed, it is stopped for new EAS or updates the messages further includes URL where streaming content is retrieved) the first IP streaming content request comprises: receiving the first IP streaming content request via a communications network; and preventing the first IP streaming content request from being passed on via a communications network to the content server, and transmitting, by the router computing device to the client computing device, a first redirection response message comprising the EAS media file manifest URL ([0041-0046], [0048-0064], [0085-0113], [0124-0140], [0143-0169-note various conditions]); CDSS offers EAS on-demand servers, EAS live broadcast services, audio, video, etc., provides EAS feature list, manages local advertising and local URLs to support DLNA services and other LAN services of specific set of device types, manages EAS services to delete and discard expired EAS services, supports mDNS services with UPnP Client devices locating server(s) on the LAN, Client device(s) may be a host devices (i.e., as CDSS) to other devices all being mange by the specific CDSS;
Determining, by the routing computing device, that playback of the EAS media file by the client computing device has ended: and responsive to determining that the playback of the EAS media file by the client computing device has ended, transmitting, by the routing computing device, a completion message to the server computing device, the completion message comprising an identifier of the client computing device and a completion indication representing whether the client computing device viewed the entirety of the EAS media file ([0135-0140], [0143-0169-note various conditions]); uses discovery messages and notifying clients responsive to receiving new messages or updates; feature list which may be sent to the client as a unicast message, if IP streaming content is being displayed, it is stopped for new EAS or updates; client uses the URLs within the received container to retrieve the new EAS multimedia (Ads, on-demand EAS, subscription, etc.) and calculates current view time and remaining viewing time in processing other EAS content, calculating current view time and remaining viewing time, the message(s) indicates to the CDSS, whether the client computing device viewed the entirety of the EAS media file;
Storing an IP streaming content URL of the first IP streaming content request; determining that playback of the EAS media file by the client computing device has ended; and responsive to determining that the playback of the EAS media file by the client computing device has ended: retrieving the IP streaming content URL of the first IP streaming content request; and transmitting a second redirection response message comprising the IP streaming content URL to the client computing device ([0041-0046], [0048-0064], [0085-0113], [0124-0140], [0143-0169-note various conditions]), note upon booting up or initialization of CDSS(s)/Client(s), receives EAS message, the CDSS updates the Clients accordingly; each CDSS offers EAS on-demand servers, EAS live broadcast services, audio, video, etc., provides EAS feature list, manages local advertising and local URLs to support DLNA services and other LAN services of specific set of device types, manages EAS services to delete and discard expired EAS services, supports mDNS services with UPnP Client devices locating server(s) on the LAN, Client device(s) may be a host devices (i.e., as CDSS) to other devices all being mange by the specific CDSS; each CDSS constructs a container containing listing as of the EAS messages including URLs as an EAS ad(s), EAS subscription, etc.; uses discovery messages and notifying clients responsive to receiving new messages or updates; feature list which may be sent to the client as a unicast message, if IP streaming content is being displayed, it is stopped for new EAS or updates; client uses the URLs within the received container to retrieve the new EAS multimedia (Ads, on-demand EAS, subscription, etc.) and further calculates view current view time and remaining viewing time in processing other EAS content, the client device may further independently evaluate all message criteria to determine whether the message is active, how to present the alert multimedia live and on-demand messages: text scroll, text scroll with audio, text scroll video details and other format; CDSS/host client device(s) monitoring the duration of each EAS message, time spent viewing, expiration and other information.
STEIN further discloses determining if the EAS message is applicable to a specific geographic region of the server and process it the EAS accordingly to subscriber(s) ([0073-0079]), BUT appears silent as to wherein if the EAS notification applies to a particular geographic region, and wherein the EAS notification is transmitted to the router computing device by the server computing device responsive to determining that the router computing device is located within the geographic region based on subscriber information indicative of a location of a subscriber associated with the router computing device
However, in the same field of endeavor, OKAMURA discloses system and method of remotely determining QoE and further discloses wherein if the EAS notification applies to a particular geographic region, and wherein if the an alert or notification is transmitted to the router computing device by the server computing device responsive to determining that the router computing device is located within the geographic region based on subscriber information indicative of a location of a subscriber associated with the router computing device (figs.1-9, [0032-0039], [0099-0112] and [0136-0167]), the processor or server examines received information indicative of an operational parameter or delivered QoE of interest to a particular subscriber, group of subscribers within a particular geographical location and generates and alert or notification to the particular subscriber or group of subscribers within a particular geographical location
Hence it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to incorporate the teaching of OKAMURA into the system of STEIN to further efficiently process other target specific alert messages to subscribers or group of subscribers based on the historical data and geographic location(s)
As to claims 24-25, STEIN further discloses calculating a duration of the EAS media file; determining that playback of the EAS media file by the client computing device has ended; and responsive to: calculating a viewing time of the EAS media file by the client computing device; comparing the duration of the EAS media file with the viewing time, wherein the completion indication included in the completion message is based on the comparison of the duration of the EAS media file with the viewing time; and wherein calculating the duration of the EAS media file is based on an EAS media file manifest at a location indicated by the EAS media file manifest URL ([0073], [0141-0158] and [0168-0169]), note remarks in claim 21-23.
As to claim 30, STEIN further discloses storing an IP streaming content URL of the first IP streaming content request; responsive to determining that the playback of the EAS media file by the client computing device has ended: retrieving the IP streaming content URL of the first IP streaming content request; and transmitting a second redirection response message comprising the IP streaming content URL to the client computing device ([0019-0020], [0026-0035], [0039-0042], [0067] and [0163-0168]), note remarks in claims 21-23.
Claim 31 is met as previously discussed in claims 21-23.
As to claims 32-34, STEIN further discloses wherein the router computing device comprises a Multiple-System Operator (MSO) managed wireless router; wherein transmitting the first redirection response message comprising the EAS media file manifest URL to the client computing device is based on the router computing device identifying the client computing device as a streaming media client device and wherein the first redirection response message comprises a HyperText Transport Protocol (HTTP) 307 response ([0014-0015], [0026-0028], [0067-0069], [0073-0075] and [0094-0096]).
As to claims 35-36, the claimed “A router computing device…” is composed of the same structural elements that were discussed with respect to claims 21-23.
Claim 37 is met as previously discussed in claims 21-23.
Claim 38 is met as previously discussed in claims 24-25.
Claim 39 is met as previously discussed in claims 21-23.
6. Claims 26-29 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over STEIN (2014/0059594) in view of OKAMURA et al (2018/0054656) and further in view of MOULINE et al (10,924,891).
As to claims 26-29, STEIN as modified by OKAMURA, disclose all the claim limitations as discussed above with respect to claim 5, and further discloses monitoring subscribers and non-subscribers and subscribing the non-subscribers within a geographical area accordingly including determining duration spent viewing the alert and providing alerts based on viewership data; and further discloses receiving, by the router computing device, the second EAS notification; and responsive to receiving the second EAS notification: intercepting a second IP streaming content request by the client computing device; and transmitting a third redirection response message comprising the EAS media file manifest URL to only the client computing device ([0041-0044], [0055-0060], [0077-0078], [0152-0153] and [0168-0169]), BUT appears silent as to calculating, by the server computing device based on the EAS viewership database, one or more of: a number of subscribers within a geographic region that received the EAS media file; and a number of subscribers within the geographic region that did not view the entirety of the EAS media file, identifying, by the server computing device based on the EAS viewership database, at least one subscriber that did not view the entirety of the EAS media file; and resending, by the server computing device, a second EAS notification to only at least one router computing device corresponding to the at least one subscriber
However, in the same field of endeavor, MOULINE discloses intelligent message-channel selection and related features for alert systems and methods and further discloses a server computing device where based on the EAS viewership database, one or more a number of subscribers within a geographic region that received the EAS media file; and a number of subscribers within the geographic region that did not view the entirety of the EAS media file, identifies, at least one subscriber that did not view the entirety of the EAS media file; and resending, by the server computing device, a second EAS notification to only at least one router computing device corresponding to the at least one subscriber (figs.1-11, Col.4, line 20-Col.5, line 21, line 35-Col.6, line 19, Col.9, line 60-Col.11, line 25 and Col.18, line 42-Col.19, line 9), based on historical data, continuously targets specific alerts to specific members, groups, subscribers or users and within specific location(s) or as the users locations changes..
Hence it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to incorporate the teaching of MOULINE into the system of STEIN as modified by OKAMUEA in other to target specific alert messages to subscribers based on the historical data
As to claim 40, STEIN further discloses a server computing device, comprising
A memory and processor device communicatively coupled to the memory (figs.1, CDS-Server(s) “CDSS”-includes a memory and a processor configured to) from a server computing device (EAS Server/Service Provider/CDS “EASS/SP/CDS” including host client device(s)-provides on-demand EAS streaming services, live broadcast multimedia services, audio, video, etc.) (figs.1-9B, [0014-0017]) a processor device communicatively coupled to the memory and configured to: transmit, to a router computing device, a first Emergency Alert System (EAS) notification comprising an EAS media file manifest Universal Resource Locator (URL) of an EAS media file, wherein the EAS media file manifest URL indicates a location of an EAS media file manifest; receive, from the router computing device, a completion message comprising an identifier of a client computing device communicatively coupled to the router computing device and a completion indication representing whether the client computing device viewed the entirety of the EAS media file ([0019-0020], [0026-0035], [0039-0042], [0067] and [0163-0168]), each CDSS(s) within geographical region, receives MPEG streaming A/V/D or multimedia, delivering EAS live multimedia services to specific to a geographical location and process some of all the multimedia services, filtering for location based services; EAS notification: streaming live broadcast or IP multicast, text scrolling, text scrolling with audio, video details, etc.; provides EAS file, listing or container: digital objects and descriptors including URLs (playlist or manifest); EAS content Container: EAS ads, EAS subscription URLs, A/V/D playlist that indicates a content provider etc., “CDSS(s)” as a router computing device provides streaming services (IP streaming services from CMTS and other content server(s)) via a content server to the clients using the URLs; each CDSS(s) within geographical region, receives MPEG streaming A/V/D or multimedia, delivering EAS live multimedia services to specific to a geographical location and process some of all the multimedia services, filtering for location based services; streaming live broadcast or IP multicast, text scrolling, text scrolling with audio, video details, etc.; provides EAS file, listing or container: digital objects and descriptors including URLs (playlist or manifest); EAS content Container: EAS ads, EAS subscription URLs, A/V/D playlist that indicates a content provider, etc.; and
receives the first EAS notification (EAS services: live broadcast or IP multicast, text scrolling, text scrolling with audio, video details, etc.,: intercepting, by the router computing device (Server 6) from a client computing device communicatively coupled to the router computing device, a first Internet Protocol (IP) streaming content request that is directed ([0067-0072], [0096-0113], [0124-0140] and [0143-0169-note various conditions]); EAS may be delivery from CP-4 to server 6 within geographical regions, where server 6 filters EAS accordingly; wherein intercepting (uses discovery messages and notifying clients responsive to receiving new messages or updates; feature list which may be sent to the client as a unicast message, if IP streaming content is being displayed, it is stopped for new EAS or updates) the first IP streaming content request comprises: receiving the first IP streaming content request via a communications network; and preventing the first IP streaming content request from being passed on via a communications network to the content server, and transmitting, by the router computing device to the client computing device, a first redirection response message comprising the EAS media file manifest URL ([0041-0046], [0048-0064], [0085-0113], [0124-0140], [0143-0169-note various conditions]); CDSS offers EAS on-demand servers, EAS live broadcast services, audio, video, etc., provides EAS feature list, manages local advertising and local URLs to support DLNA services and other LAN services of specific set of device types, manages EAS services to delete and discard expired EAS services, supports mDNS services with UPnP Client devices locating server(s) on the LAN, Client device(s) may be a host devices (i.e., as CDSS) to other devices all being mange by the specific CDSS;
STEIN discloses monitoring subscribers and non-subscribers and subscribing the non-subscribers within a geographical area accordingly including determining duration spent viewing the alert and providing alerts based on viewership data ([0041-0044], [0055-0060], [0077-0078], [0152-0153] and [0168-0169]), Determines, by the routing computing device, that playback of the EAS media file by the client computing device has ended: and responsive to determining that the playback of the EAS media file by the client computing device has ended, transmits, by the routing computing device, a completion message to the server computing device, the completion message comprising an identifier of the client computing device and a completion indication representing whether the client computing device viewed the entirety of the EAS media file ([0135-0140], [0143-0169-note various conditions]); uses discovery messages and notifying clients responsive to receiving new messages or updates; feature list which may be sent to the client as a unicast message, if IP streaming content is being displayed, it is stopped for new EAS or updates; client uses the URLs within the received container to retrieve the new EAS multimedia (Ads, on-demand EAS, subscription, etc.) and calculates current view time and remaining viewing time in processing other EAS content, calculating current view time and remaining viewing time, the message(s) indicates to the CDSS, whether the client computing device viewed the entirety of the EAS media file; further stores an IP streaming content URL of the first IP streaming content request; determining that playback of the EAS media file by the client computing device has ended; and responsive to determining that the playback of the EAS media file by the client computing device has ended: retrieving the IP streaming content URL of the first IP streaming content request; and transmitting a second redirection response message comprising the IP streaming content URL to the client computing device ([0041-0046], [0048-0064], [0085-0113], [0124-0140], [0143-0169-note various conditions]), upon booting up or initialization of CDSS(s)/Client(s), receives EAS message, the CDSS updates the Clients accordingly; each CDSS offers EAS on-demand servers, EAS live broadcast services, audio, video, etc., provides EAS feature list, manages local advertising and local URLs to support DLNA services and other LAN services of specific set of device types, manages EAS services to delete and discard expired EAS services, supports mDNS services with UPnP Client devices locating server(s) on the LAN, Client device(s) may be a host devices (i.e., as CDSS) to other devices all being mange by the specific CDSS; each CDSS constructs a container containing listing as of the EAS messages including URLs as an EAS ad(s), EAS subscription, etc.; uses discovery messages and notifying clients responsive to receiving new messages or updates; feature list which may be sent to the client as a unicast message, if IP streaming content is being displayed, it is stopped for new EAS or updates; client uses the URLs within the received container to retrieve the new EAS multimedia (Ads, on-demand EAS, subscription, etc.) and further calculates view current view time and remaining viewing time in processing other EAS content, the client device may further independently evaluate all message criteria to determine whether the message is active, how to present the alert multimedia live and on-demand messages: text scroll, text scroll with audio, text scroll video details and other format; CDSS/host client device(s) monitoring the duration of each EAS message, time spent viewing, expiration and other information.
STEIN appears silent as to store the completion indication in an EAS viewership database; and calculate, based on the EAS viewership database, one or more of: a number of subscribers within a geographic region that received the EAS media file; and a number of subscribers within the geographic region that did not view the entirety of the EAS media
However, in the same field of endeavor, MOULINE discloses intelligent message-channel selection and related features for alert systems and methods and further discloses a server computing device where based on the EAS viewership database, one or more a number of subscribers within a geographic region that received the EAS media file; and a number of subscribers within the geographic region that did not view the entirety of the EAS media file, identifies, at least one subscriber that did not view the entirety of the EAS media file; and resending, by the server computing device, a second EAS notification to only at least one router computing device corresponding to the at least one subscriber (figs.1-11, Col.4, line 20-Col.5, line 21, line 35-Col.6, line 19, Col.9, line 60-Col.11, line 25 and Col.18, line 42-Col.19, line 9), based on historical data, continuously targets specific alerts to specific members, groups, subscribers or users and within specific location(s) or as the users locations changes..
Hence it would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to incorporate the teaching of MOULINE into the system of STEIN as modified by OKAMUEA in other to target specific alert messages to subscribers based on the historical data.
Double Patenting
6. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
7. Claims 21-40 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent 11,869,339. Although the conflicting claims are not identical, they are not patentably distinct from each other because:
The current application (18/531,272)…equates to…U.S. Pat. (11,869,339).
As to claim 21, the claimed “A method…” equates to “A method…” of Pat ‘339 (col.13, lines 23+);
the claimed "receiving….”; “intercepting…”; equates to "receiving….”; “intercepting…”; of Pat ‘339 (Col.13, lines 24-38)
the claimed “the first IP streaming request comprises: “receiving…” “preventing…” and “transmitting…” equates to “the first IP streaming request comprises: “receiving…” “preventing…” and “transmitting…” of Pat ‘339 (Col.13, lines 39-59); the current claim limitations are broader without “…determining that the playback of the EAS media file by the client has ended, transmitting a completion message comprising…indication whether the client computing device viewed the entirety of the EAS media file” which are similar in scope same for all the steps as in Pat’339, except the last feature as discussed
Claims 22-34 are met in claims 2-12 of Pat’339 (col.13, line 61-col.15, line 8).
As to claim 35, the claimed “A router…” is composed of the same structural elements that were discussed with respect to claim 21.
Claims 36-39 are met as previously discussed in claims 22-34.
As to claim 40, the claimed “A server…” equates to “A server…” of Pat ‘339 (col.16, lines 24-51);
the claimed "transmit….”; “receive…”; “store…” and “calculate…” equates to "transmit….”; “receive…”; “store…” and “calculate…”; of Pat ‘339 (Col.16, lines 24-51)
Although the conflicting claims are not identical, they are not patentably distinct from each other; i.e., the current claims are broader in scope than the parent allowed claims. Allowance of claims 1-7, 9-17 and 19-22 of the instant application would result in an unjustified timewise extension of the monopoly defined by patent claim Y.
Conclusion
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/ANNAN Q SHANG/Primary Examiner, Art Unit 2424
ANNAN Q. SHANG