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 .
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 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.
This office action is in response to the communication filed on 6/23/2026.
Claims 1-5, 7-12, 14-18, 20-23 are pending.
Response to Arguments
Applicant’s arguments regarding the 35 U.S.C. 103 rejection have been fully considered but are moot in view of new ground(s) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 12, 24 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 4, 7 of Patent No. 11,570,218 B1 (hereafter the Patent) and what was known in the art. Although the conflicting claims are not identical, they are not patentably distinct from each other because:
1, 12, 24. A method or system or readable medium for facilitating synchronous transmission of streaming media, the method comprising operations including:
receiving, at a server, a request from a first user device associated with a first user to invite a second user to a virtual media streaming session;
retrieving, using a processor associated with the server and in response to the request, a second user profile associated with the second user from a database associated with the server, the second user profile identifying a second user device associated with the second user;
transmitting, using the processor and subsequent to the retrieving, instructions to the second user device to present a notification alerting the second user of the request;
detecting, using the processor, a selection of an acceptance option presented within the notification in response to display of the notification at the second user device, automatically connecting, using the processor and subsequent to the detecting, the second user profile to the virtual media streaming session,
wherein the automatically connecting comprises enabling a synchronous streaming of multimedia content that is simultaneously viewable on the first user device and the second user device in the virtual media streaming session;
identifying, using the processor, a context associated with a selected article of multimedia content to be presented in the virtual media streaming session;
ascertaining, using the processor and from at least one database, a content viewing history of one or more other user profiles designated as linked contacts of the first user;
determining, using the processor, whether the context of the selected article of multimedia content shares an association with the content viewing history of a subset of the one or more other user profiles; and
transmitting, using the processor, one or more instructions to the first user device to display a suggestion to the first user to invite each of the subset of the one or more other user profiles to join the virtual media streaming session for which the content viewing history shares the association with the context of the article of multimedia content.
1, 4, 7. A method or system or readable medium for synchronous transmission of streaming media using a server in network communication with at least one database, the method comprising operations including:
receiving, from a first user device associated with a first user, a request to invite a second user to a virtual media streaming session, the request identifying a first user profile associated with the first user and data associated with the second user;
retrieving, from the at least one database and based on the data associated with the second user in the received request, a second user profile, the second user profile identifying a second user device associated with the second user;
transmitting, subsequent to the retrieving, instructions to the second user device to present a notification alerting the second user of the request;
determining, using a processor, whether a response accepting the request is detected from the second user device; and
connecting, responsive to determining that the response accepting the request was detected, the second user profile to the virtual media streaming session;
identifying a context associated with a selected article of multimedia content to be presented in the virtual media streaming session;
ascertaining, from the at least one database, a content viewing history of one or more other user profiles designated as linked contacts of the first user;
determining, using the processor, whether the context of the selected article of multimedia content shares an association with the content viewing history of any of the one or more other user profiles;
transmitting instructions to the first user device to display a suggestion to the first user to invite each of the one or more other user profiles to join the virtual media streaming session for which the content viewing history shares the association with the context of the article of multimedia content and for which it is determined that the runtime of the selected article of multimedia content does not conflict with the start time for the upcoming event in the real-world schedule information;
wherein multimedia content presented in the virtual media streaming session is simultaneously viewable on the first user device and the second user device.
As seen above, claims 1, 12, 24 are obvious over claims 1, 4, 7 of the Patent because the scope of claims 1, 12, 24 falls within the scope of claims 1, 4, 7 of the Patent respectively, except for well-known limitations including “enabling a synchronous streaming of multimedia content that is simultaneously viewable on the first user device and the second user device in the virtual media streaming session”. It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to apply known characteristics of synchronous streaming to patent claims in order to allow for users to stream synchronously to enhance co-streaming experience.
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(s) 1, 5, 8, 12, 15, 18 is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over Thompson et al. (US 2002/0075304, “Thompson”) in view of Phillips et al. (US 2012/00117017, “Phillips”).
As to claim 1, Thompson discloses a method for facilitating synchronous transmission of streaming media, the method comprising operations including:
receiving, at a server (fig. 14, VTE server and presence server PS), a request from a first user device associated with a first user to invite a second user to a virtual media streaming session (fig. 1, [0026], an existing party (or user) adds by inviting a new party to join a communication session; [0010], such as a streaming video session);
retrieving, using a processor associated with the server and in response to the request, a second user profile associated with the second user from a database associated with the server, the second user profile identifying a second user device associated with the second user (fig. 12, a server stores user profiles of parties and associated user devices);
transmitting, using the processor and subsequent to the retrieving, instructions to the second user device to present a notification alerting the second user of the request; detecting, using the processor, a selection of an acceptance option presented within the notification ([0116], the Invitation message may be provided with a VTE client applet enabling display of the invitation and handling of the associated invitation response) in response to display of the notification at the second user device; and automatically connecting, using the processor, the second user profile to the virtual media streaming session ([0026], displaying a user interface on an invited party’s display options to accept to join or to defer the session, the invited user can select an option to join, and his profile is added to the session),
wherein the connecting comprises enabling a synchronous streaming of multimedia content that is simultaneously viewable on the first user device and the second user device in the virtual media streaming session ([0149], real-time video conference session, real-time shared whiteboard session, real-time multimedia streaming session to participants).
XX does not disclose identifying, using the processor, a context associated with a selected article of multimedia content to be presented in the virtual media streaming session;
ascertaining, using the processor and from at least one database, a content viewing history of one or more other user profiles designated as linked contacts of the first user;
determining, using the processor, whether the context of the selected article of multimedia content shares an association with the content viewing history of a subset of the one or more other user profiles; and
transmitting, using the processor, one or more instructions to the first user device to display a suggestion to the first user to invite each of the subset of the one or more other user profiles to join the virtual media streaming session for which the content viewing history shares the association with the context of the article of multimedia content
Phillips discloses: identifying, using the processor, a context associated with a selected article of multimedia content to be presented in the virtual media streaming session; ascertaining, using the processor and from at least one database, a content viewing history of one or more other user profiles designated as linked contacts of the first user; determining, using the processor, whether the context of the selected article of multimedia content shares an association with the content viewing history of a subset of the one or more other user profiles; and transmitting, using the processor, one or more instructions to the first user device to display a suggestion to the first user to invite each of the subset of the one or more other user profiles to join the virtual media streaming session for which the content viewing history shares the association with the context of the article of multimedia content ([0087], [0088], personal viewing history of each user in a family/ member group ([0003], [0098]) is recorded. The system recommends a content item for a host of a watch party for watching. The system recommends users for the host to invite to the watch party based on associations between their viewing histories and the content item. Invitations are sent automatically to the invitees or with the host’s approval).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to apply Phillips’s teachings of automatic user recommendations of a watch party to Thompson’s teachings of watch parties in order to invite relevant users to the watch party based on their viewing histories.
As to claim 5, Thompson discloses the notification comprises an indication of: an article of multimedia content to be viewed in the virtual media streaming session, an identity of the first user from who the request originates, and one or more other user profiles invited to the virtual media streaming session ([0026], The invitation message preferably includes at least at one of: an identifier of the team member who sent the invitation; a topic of the communications session; a message related to the discussion; a list of participants in the communications session; and a list of invitees to the communications session, [0010], media streaming).
Claims 8, 12 are rejected for the same rationale in claims 1, 5. Thompson discloses a system for facilitating synchronous transmission of streaming media comprising: a memory including instructions; a database; at least one processor configured to execute the instructions to perform operations comprising: the steps in claims 1, 5 (fig. 12, 13, VTE server with database).
Claims 15, 18 are rejected for the same rationale in claims 1, 5. Thompson discloses a non-transitory computer-readable medium storing computer-executable instructions which, when executed by a server in network communication with at least one database, cause the server to perform operations comprising: the steps in claims 1, 5 (fig. 12, 13, VTE server with database).
Claim(s) 2-4, 9-11, 16-17 is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over Thompson-Phillips in view of Bowne et al. (US 2005/0273372, “Bowne”).
As to claims 2, 9, 16, Thompson-Phillips does not disclose operations including: presenting, responsive to receiving the request, an interactive options menu on the first user device, wherein the interactive options menu comprises a scheduling feature configured to enable the first user to schedule a future time to conduct the virtual media streaming session with the second user; and receiving, at the server from the first user device, an indication of selection of the scheduling feature.
Bowne discloses operations including: presenting, responsive to receiving the request, an interactive options menu on the first user device, wherein the interactive options menu comprises a scheduling feature configured to enable the first user to schedule a future time to conduct the virtual media streaming session with the second user; and receiving, at the server from the first user device, an indication of selection of the scheduling feature ([0005]-[0007], software can identify future times that all invitees are available for a meeting organizer for choosing).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to apply Bowne’s teachings of meeting scheduling to Thompson-Phillips’s teachings in order to enhance Thompson-Phillips’s system/method with the capability of automatic suggesting meeting time for an organizer.
As to claims 3, 10, Thompson-Phillips-Bowne discloses operations including: receiving, at the server and in association with the indication of the selection of scheduling feature, a designation of the future time from the first user device (Bowne, [0007]).
As to claims 4, 11, 17, Thompson-Phillips-Bowne discloses operations including: accessing, using the server, availability information associated with the second user; identifying, using the processor, one or more possible future meeting times based on the availability information; and transmitting instructions to the first user device to present a recommendation showing the one or more possible future meeting times to designate as the future time (Bowne, [0006]).
Claim(s) 7, 14, 20 is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over Thompson-Phillips in view of Chhabra et al. (US 2020/0112450, “Chhabra”).
As to claims 7, 14, 20, Thompson-Phillips does not disclose operations comprising transmitting, responsive to detecting selection of a delayed acceptance option in the notification, display of an anticipated join time query at the second user device; and receiving, from the second user device, the time associated with the delayed acceptance option, the time indicating a time at which the second user desires to join the virtual media streaming session.
Chhabra discloses operations comprising transmitting, responsive to detecting selection of a delayed acceptance option in the notification, display of an anticipated join time query at the second user device; and receiving, from the second user device, the time associated with the delayed acceptance option, the time indicating a time at which the second user desires to join the virtual media streaming session (Chhabra, (fig. 8, [0004], [0023], [0058], for each conference, providing a join option allowing user to select a time of auto-connect the user to the conference; [0024], real-time video conferencing.)
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to apply Chhabra’s teachings of auto-connect at a designated time to Thompson-Phillips’s teachings in order to provide flexibility to users as to when they would like to be connected to a meeting.
Claim(s) 21-23 is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over Thompson-Phillips in view of Malkin et al. (US 2012/0254305, “Malkin”).
As to claims 21, 22, 23, Thompson-Phillips does not disclose operations including: receiving, using the processor, instructions from the first user device to expand one or more invite permissions to the second user profile; enabling, using the processor, the second user profile to invite at least one other user profile to the virtual media streaming session based on the instructions; receiving, using the processor, a second request from the second user device to invite a third user profile to the virtual media streaming session; and transmitting, using the processor, instructions to a third user device associated with the third user profile to present a notification of the second request.
Malkin discloses operations including: receiving, using the processor, instructions from the first user device to expand one or more invite permissions to the second user profile; enabling, using the processor, the second user profile to invite at least one other user profile to the virtual media streaming session based on the instructions; receiving, using the processor, a second request from the second user device to invite a third user profile to the virtual media streaming session; and transmitting, using the processor, instructions to a third user device associated with the third user profile to present a notification of the second request ([0027], various privileges and restrictions, or authorizations, may be set when a user invites another user to a meeting… a user may authorize an invitee to extend the invitation to others).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to apply Malkin’s teachings of extending an invitation to Thompson-Phillips’s teachings in order to allow/disallow invitees of certain privileges listed by Malkin ([0027]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEU T HOANG whose telephone number is (571) 270-1253. The examiner can normally be reached Mon-Fri 9 AM -5 PM.
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/HIEU T HOANG/Primary Examiner, Art Unit 2449
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