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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/10/2026 has been entered.
Claim Status
Claims 1-3, 6, 8-12, and 14 are pending in this Office Action.
Claims 1-2, 8-10, and 14 are amended.
Claims 4-5, 7, 13, and 15 are cancelled.
Response to Arguments
Applicant’s arguments with respect to the 35 U.S.C. 103 rejection of claims 1, 8, and 9 have been fully considered and are persuasive.
Applicant’s arguments with respect to the 35 U.S.C. 103 rejection of claim 14 have been fully considered, but are moot in view of the new grounds of rejection.
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 1-2, 8-10, and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 12,652,424.
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2, 8-10, and 14 are an obvious variation of the patented claims. The reasons set forth below.
Application #18/578,502
U.S. Patent No. 12,652,424
1. A media data processing method for a DVB-I (Digital Video Broadcasting - Internet) client over 5G broadcast, comprising: receiving a query for
service list entry point information for a service,
wherein the query includes:
a delivery element for representing a delivery method to deliver the service in a service list, wherein the delivery method includes the 5G broadcast;
transmitting the service list entry point information in response to the query; and transmitting the service list based on the service list entry point information, wherein the service list includes a service for the 5G broadcast.
1. A method by a DVB-I client … for a 5G broadcast …
comprising: transmitting a request for discovering a service list for a DVB-I service to a service list registry; …
a query for the 5G client.
3. … wherein the service entry point contains information allowing for access to a channel of the communication network, wherein the information comprises a uniform resource locator (URL) containing at least one of service area information, frequency information, subcarrier spacing information, or bandwidth information for the client for the communication network, wherein the information further comprises a delivery type, communication network broadcast delivery information, or communication network multicast delivery information.
1. … receiving an entry point for the service list; transmitting a query for the service list to a service list server; receiving the service list; and obtaining a service list for a 5G broadcast by service discovery with a 5G client based on a query for the 5G client.
2. The media data processing method of Claim 1, wherein the delivery method includes wireless communication broadcast.
1. … a 5G broadcast by service discovery with a 5G client based on a query for the 5G client.
8. A media data processing device for a DVB-I (Digital Video Broadcasting - Internet) client over 5G broadcast, comprising: a memory; and a processor connected to the memory, the processor configured to:
receive a query for service list entry point information for a service,
wherein the query includes:
a delivery element for representing a delivery method to deliver the service in a service list wherein the delivery method includes the 5G broadcast;
transmit the service list entry point information in response to the query; and transmit the service list based on the service list entry point information, wherein the service list includes a service for the 5G broadcast.
1. A method by a DVB-I client
comprising: … a 5G broadcast by service discovery with a 5G client …
transmitting a request for discovering a service list for a DVB-I service to a service list registry; …
a query for the 5G client.
3. … wherein the service entry point contains information allowing for access to a channel of the communication network, wherein the information comprises a uniform resource locator (URL) containing at least one of service area information, frequency information, subcarrier spacing information, or bandwidth information for the client for the communication network, wherein the information further comprises a delivery type, communication network broadcast delivery information, or communication network multicast delivery information.
1. … receiving an entry point for the service list; transmitting a query for the service list to a service list server; receiving the service list; and obtaining a service list for a 5G broadcast by service discovery with a 5G client based on a query for the 5G client.
9. A media data processing method by a DVB-I (Digital Video Broadcasting - Internet) client over 5G broadcast, comprising: transmitting a query for
service list entry point information for a service;
wherein the query includes: a delivery element for representing a delivery method to deliver the service in a service list, wherein the delivery method includes the 5G broadcast;
receiving the service list entry point information in response to the query; and receiving the service list based on the service list entry point information, wherein the service list includes a service for the 5G broadcast..
1. A method by a DVB-I client
comprising: transmitting a request for discovering a service list for a DVB-I service to a service list registry; …
a query for the 5G client.
3. … wherein the service entry point contains information allowing for access to a channel of the communication network, wherein the information comprises a uniform resource locator (URL) containing at least one of service area information, frequency information, subcarrier spacing information, or bandwidth information for the client for the communication network, wherein the information further comprises a delivery type, communication network broadcast delivery information, or communication network multicast delivery information.
1. … receiving an entry point for the service list; transmitting a query for the service list to a service list server; receiving the service list; and obtaining a service list for a 5G broadcast by service discovery with a 5G client based on a query for the 5G client.
10. The media data processing method of Claim 9, wherein the delivery method includes wireless communication broadcast.
1. … a 5G broadcast by service discovery with a 5G client based on a query for the 5G client.
14. A DVB-I(Digital Video Broadcasting - Internet) client over 5G broadcast, comprising: a memory; and a
processor connected to the memory, the processor configured to: transmit a
query for service list entry point information for a service, wherein a delivery method includes the 5G broadcast; receive the service list entry point information in response to the query; and receive a service list based on the service list entry point information, wherein the service list includes a service for the 5G broadcast.
5. A DVB-I client
comprising: a memory; and at least one processor connected to the memory, the at least one processor configured to: transmit a request for discovering a service list for a DVB-I service to a service list registry; receive an entry point for the service list; transmit a query for the service list to a service list server; receive the service list; and obtain a service list for a 5G broadcast by service discovery with a 5G client based on a query for the 5G client.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-3, 6, 8-12, and 14 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Each of claims 1, 8, 9, and 14 recite “a DVB-I (Digital Video Broadcasting - Internet) client over 5G broadcast”. It is not clear how the DVB-I client is “over 5G broadcast”. Therefore, it is not clear what the metes and bounds of the claims are.
Claim 1 further recites “A media data processing method for a DVB-I (Digital Video Broadcasting - Internet) client”, however the recited steps of claim 1 are steps that, according to the disclosure, are performed by a Central service list registry (CSR) and a service list server (Fig. 83b and 83d) or in another embodiment a server (Fig. 66). Therefore, it is not clear why the claim states that it is for a DVB-I (Digital Video Broadcasting - Internet) client, but none of the steps are performed by a client. This makes the scope of the claim ambiguous.
Claim Objections
Claim 8 is objected to because the Examiner suggests to replace “for a DVB-I (Digital Video Broadcasting - Internet) client” with “in communication with a DVB-I (Digital Video Broadcasting - Internet) client” to improve form.
Claim 9 is objected to because the claim contains two periods at the end of the claim.
Claim 9 is further objected to because the Examiner suggests to replace “A media data processing method by” with “A media data processing method performed by” to improve form.
Claim Interpretation
Claim 8 recites “A media data processing device” configured to “receive a query”, “transmit the service list entry point information”, and “transmit the service list”. However, the specification at par. 992-1018 and Fig. 83a-83d describes the functions of “receive a query” and “transmit the service list entry point information” to be performed by a Central service list registry (CSR) and the function of “transmit the service list” to be performed by a service list server. However, in another embodiment the disclosure describes a transmission side with only a single server (Fig. 66) and further the disclosure states embodiments may be merged (par. 1046). Therefore, taking the above-mentioned embodiments into consideration, the media data processing device of claim 8 is interpreted by the Examiner as a single server configured to perform all of the functions described in the claim.
Drawings
The drawings are objected to because FIG 83d recites “Service list entry poings” which should be replaced with “Service list entry points”. Fig. 83d further recites “Swevice list” which should be replaced with “Service list”. Fig. 83d further recites “CSR bootstrapp” which should be replaced with “CSR bootstrap”. The lengthy drawings have not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over DVB, “Service Discovery and Programme Metadata for DVB-I” (Of Record) in view of CSI, “DVB pushes IP over satellite and DVB-I over 5G”.
Regarding claim 14, DVB teaches: A DVB-I(Digital Video Broadcasting - Internet) client over broadcast, comprising: a memory; and a processor connected to the memory, the processor [a DVB-I client (page 10 and 16)] configured to:
transmit a query for service list entry point information for a service, wherein a delivery method includes wireless broadcast [transmitting a service list discovery query F1 for a list of Service List Entry Points that match the request criteria (page 12-13 and 17-18). The service, such as a DVB broadcast, may be received by a mobile device, such as a mobile phone, suggesting a wireless broadcast service (page 10, 16, and 126-127)]
receive the service list entry point information in response to the query [receiving a list of Service List Entry Points that match the request criteria (page 12-13 and 36)] and
receive a service list based on the service list entry point information, wherein the service list includes a service for the broadcast [Based on the Service List Servers contained in the list of Service List Entry Points, the client may send a request for a service list and a service list is received in response B2 (page 12-13)].
DVB does not explicitly disclose 5G broadcast.
However, CSI teaches 5G broadcast [use of DVB-I as a service layer on top of 5G technologies including 5G broadcast (page 1-2)].
It would have been obvious to one of ordinary skill in the art, having the teachings of DVB and CSI before the effective filing date of the claimed invention to modify the DVB-I(Digital Video Broadcasting - Internet) client of DVB by incorporating the teaching of CSI to include 5G broadcast. The motivation for doing so would have been to extend DVB services to areas of particular interest including 5G broadcast (CSI – page 2). Therefore, it would have been obvious to combine the teachings of DVB and CSI to obtain the invention as specified in the instant claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Boyd whose telephone number is (571)270-0676. The examiner can normally be reached Monday - Friday 9am-5pm PST.
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/ALEXANDER BOYD/Examiner, Art Unit 2424
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