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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Claim(s) 1 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12010158. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the patent and thus is anticipated by the patent. For example, note the following relationship between the instant application claim 1 and patented claim 10 (examiner note: similarities to the patented claims have been underlined.).
Instant 18654481
Patent 12010158
Claim 1
A system for multi-device media broadcasting with active control, comprising:
A server, configured to communicate with a controller and one or more media sources associated with a plurality of media streams;
Retrieving, plurality of media streams for the broadcast associated with the URL, identifier alphanumeric string, or geofenced area;
Selecting for real-time use, responsive to a command or request from the controller, after a selection by an operator or producer of the broadcast, one or more of the plurality of media streams to make active or associate with the broadcast;
Performing mixing, processing or selective presentation of the broadcast according to the selection, into a transparently edited broadcast stream comprising one of the selected media stream(s); and
Providing, by the server the transparently edited broadcast stream to a cloud server or one more client or recipient devices for live viewing or playback at a later time;
wherein the transparently edited broadcast stream is provided by the server to-the cloud server or-the one or more client or recipient devices via a manifest and/or a plurality of “chunks” of media associated with URI(s) or other identifiers
Claim 10
A system for multi-device media broadcasting with active control, the system comprising:
a server, configured to communicate with a controller and one or more media sources associated with a plurality of media streams,
the system comprising a broadcast associated with a URI, alphanumeric string and/or geofenced area, for the broadcast and the system comprising memory storing instructions and processor executing instructions to: Wherein the plurality of media streams comprises one or more of a live media feed from cameras of the one or more media sources, pre-recorded media, a URI or address of media available via a network, a graphical overlay, text, icons or any other type of media; Retrieve, the plurality of media streams for the broadcast associated with the of a URI, alphanumeric string, or geofenced area;
Wherein the controller or server retrieves the plurality of media streams via one or more identifiers comprising one or more of a device name, user name, media access control (MAC) address, Internet Protocol (IP address), URI(s), or alphanumeric string; or Wherein one or more of the plurality of media streams are retrieved from the one or more media sources based on the URI or alphanumeric string of the broadcast; Apply processing, to the one or more media streams;
Select for real-time use, responsive to a command or request from the controller, after a selection by an operator or producer of the broadcast, one or more of the plurality of media streams to make active or associate with the broadcast;
Perform mixing, processing, or selective presentation of the broadcast according to the selection, into a transparently edited broadcast stream comprising one of the selected media stream(s); and
Provide, by the server, the transparently edited broadcast stream to a cloud server or one more client or recipient devices for live viewing or playback at a later time;
wherein the transparently edited broadcast stream is provided by the server to the cloud server or one or more client or recipient devices via a manifest and/or a plurality of “chunks” of media associated with URI(s) or other identifiers.
Additionally Claim(s) 1 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 1 of U.S. Patent No. 10193944 in view of Woodman (US 20110280540). Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar subject matter which is obvious over one another. For example, note the following relationship between the instant application claim 1 and patented claim 1 (examiner note: similarities to the patented claims have been underlined.)
Instant 18654481
Patent 10193944
Claim 1
A system for multi-device media broadcasting with active control, comprising: A server, configured to communicate with a controller and one or more media sources associated with a plurality of media streams;
Retrieving, plurality of media streams for the broadcast associated with the URL, identifier alphanumeric string, or geofenced area;
Selecting for real-time use, responsive to a command or request from the controller, after a selection by an operator or producer of the broadcast, one or more of the plurality of media streams to make active or associate with the broadcast;
Performing mixing, processing or selective presentation of the broadcast according to the selection, into a transparently edited broadcast stream comprising one of the selected media stream(s); and
Providing, by the server the transparently edited broadcast stream to a cloud server or one more client or recipient devices for live viewing or playback at a later time; wherein the transparently edited broadcast stream is provided by the server to-the cloud server or-the one or more client or recipient devices via a manifest and/or a plurality of “chunks” of media associated with URI(s) or other identifiers
Claim 1
A multi-device media broadcasting system, comprising: a controller comprising a stream controller and a network interface in communication with a plurality of media devices and a server; wherein the stream controller is configured to: select a first media stream from a plurality of media streams generated by the corresponding plurality of media devices, and generate a multi-device stream configuration file identifying the selected first media stream; and wherein the network interface is configured to transmit the generated multi-device stream configuration file to the server, the server providing at least one additional device with a stream manifest identifying the selected first media stream responsive to receipt of the configuration file,
wherein the controller is further configured to subsequently select a second media stream from the plurality of media streams, and generate an updated multi-device stream configuration file identifying the selected second media stream;
and wherein the network interface is further configured to transmit the updated multi-device stream configuration file to the server, the server replacing a media chunk identified in the first stream manifest generated by a first media device of the plurality of media devices with a media chunk generated by a second media device of the plurality of media devices, responsive to receipt of the updated multi-device stream configuration file, the server providing the at least one additional device with media comprising the stream without adjusting the manifest or the configuration file provided to the additional device.
Examiner notes that the verbiage “transparently edited” in the instant application is equivalent to replacing “without adjusting the manifest or the configuration file provided to the additional device” found in the parent patent 10193944.
Regarding claim 1 of the instant application, it corresponds to that of claim 1 of patent 10193944 except that the pending application in the claims contains the following additional limitations (which have not been underlined in the abovementioned analysis):
As to “Retrieving, plurality of media streams for the broadcast associated with the URL, identifier alphanumeric string, or geofenced area.” Woodman (Fig. 6, ¶0056-¶0057) a process for producing a broadcast of an event using the broadcast management system 100. Captured video content comprises a set of n videos of the event, comprising different aspect of the event, footage from a different location or camera angle; (¶0058) broadcast management server 120 receives 606 the set of captured videos of the event; (¶0059) The broadcast management server 120 generates 610 the broadcast management user interface (e.g., the user interface 500 of FIG. 5) and provides the display to the broadcast management client 130. The broadcast management client 130 displays 618 the captured videos in a time-synchronized manner using the broadcast manager interface 500. During playback of the videos, a broadcast manager user can simultaneously view all the video streams, and at any given time, select one of the streams for broadcasting; (Fig. 7) as can be seen in Fig. 7 the video files are associated with alphanumeric characters. Therefore, it would have been obvious to a person a having ordinary skill in the art before the effective filing date of the invention to modify the method/system of patent 10193944 with the camera views having alphanumeric characters associated with them as taught by Woodman for the benefit of allowing clear load instruction to be selected for mixing the broadcast.
Therefore, instant application 18654481 and Patent 10193944 are not patentably distinct from each other because they recite similar subject matter which is obvious over one another.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK J JOHNSON whose telephone number is (571)272-9629. The examiner can normally be reached 11:00AM-5:00PM EST.
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/Frank Johnson/Primary Examiner, Art Unit 2425