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 .
This communication is in response to the application filed on 08/13/2024. Claims 1-28 are rejected.
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 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).
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Claim 1-2, 8-9, 15-16, and 22-23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-7 and 8-13 of Patent number 12088866.
Present Application
Patent number 12088866
Claims 1, 8, 15, and 22
causing, by a first computing device, first content to be displayed on a display device;
receiving, by the first computing device, a first signal indicating a request to receive second content associated with the first content at a user device; and
sending, by the first computing device and to a second computing device via an out-of-band portion of a non-packetized network, a second signal comprising the request to receive the second content associated with the first content at the user device.
Claims 1, 4, 8, 11, 14, and 18
receiving, by a server from a first user device via a non-packetized network, a first signal, wherein the first signal comprises a first device identifier associated with the first user device and indicates a request for second content associated with first content;
receiving, by the server, from a second user device via a packetized network, a second signal, wherein the second signal comprises a second device identifier associated with the second user device;
determining, based on a comparison of the first device identifier and the second device identifier, an association between the first signal and the second signal; and
causing, based on the association, the second content to be sent to the second user device via the packetized network.
Claims 4, 11, and 18
sent to the second user device comprises:
sending, by the server and to a content provider computer, a second request for the second content;
receiving, by the server and based on the second request for the second content, the second content; and
sending the second content to the second user device.
Claims 2, 9, 16, and 23
the request to receive the second content associated with the first content at the user device comprises a trigger signal, wherein the trigger signal further comprises a linkage message and one or more respective indices associated with one or more trigger elements associated with the first content.
Claims 6, 13, and 20
the first signal comprises a 6. trigger signal and wherein the trigger signal further comprises a linkage message and one or more respective indices associated with one or more trigger elements associated with the first content.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present applicant and that of Patent number 12088866 are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of Patent number 12088866.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/14/24 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3-6, 8, 10-13, 15, 17-20, 22, and 24-27 rejected under 35 U.S.C. 103 as being unpatentable over Banks (US 20110321107 A1) in view of Stern et al (US 20110265116 A1), hereafter Stern.
Regarding claim 1, Banks teaches a method comprising:
causing, by a first computing device, first content to be displayed on a display device ([0033] User input from remote control 106 to STB 102 based on content displayed; [0051], fig. 4, TV 104 displays TV frames 120 (first content));
receiving, by the first computing device, a first signal indicating a request to receive second content associated with the first content at a user device ([0051] A first frame 120 includes content ("Press SEL For More") informing a user that he or she can request more information by pressing the select button (first signal) on the remote control. In response to selection of the select button, the second screen 122 (second content associated with the first content) is displayed); and
sending, by the first computing device and to a second computing device via an out-of-band portion of a non-packetized network, a second signal comprising the request to receive the second content associated with the first content at the user device ([0057] Selection of the "Music" category in frame 152 by interactive use of the remote control 106, causes navigation to proceed to frame 160 (second content) depicted in FIG. 8, which lists titles of songs that can be purchased. Selection of a song title ("Hey, Soul Sister-Train" by interactive use of the remote control 106, as described above, causes a request for the song to be transmitted to server 101, along with other information, e.g., information described above. Content sent to the mobile device comprises the song).
Banks does not explicitly teach
out-of-band portion of a non-packetized network
Stern teaches
out-of-band portion of a non-packetized network ([0087] the CPE 106 may use the out-of-band (OOB) or DOCSIS channels and associated protocols).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Banks disclosure, the out-of-bank communication in television network , as taught by Stern. One would be motivated to do so to delivering such services and content to particular subsets or groupings within the user base of a content distribution network via non-packet enabled device of the subscriber.
Regarding claim 8, Banks teaches one or more non-transitory computer-readable media storing processor-executable instructions that, when executed by at least one processor, cause the at least one processor to:
cause first content to be displayed on a display device ([0033] User input from remote control 106 to STB 102 based on content displayed; [0051], fig. 4, TV 104 displays TV frames 120 (first content));
receive a first signal indicating a request to receive second content associated with the first content at a user device ([0051] A first frame 120 includes content ("Press SEL For More") informing a user that he or she can request more information by pressing the select button (first signal) on the remote control. In response to selection of the select button, the second screen 122 (second content associated with the first content) is displayed); and
send, to a computing device via an out-of-band portion of a non-packetized network, a second signal comprising the request to receive the second content associated with the first content at the user device ([0057] Selection of the "Music" category in frame 152 by interactive use of the remote control 106, causes navigation to proceed to frame 160 (second content) depicted in FIG. 8, which lists titles of songs that can be purchased. Selection of a song title ("Hey, Soul Sister-Train" by interactive use of the remote control 106, as described above, causes a request for the song to be transmitted to server 101, along with other information, e.g., information described above. Content sent to the mobile device comprises the song).
Banks does not explicitly teach
out-of-band portion of a non-packetized network
Stern teaches
out-of-band portion of a non-packetized network (the CPE 106 may use the out-of-band (OOB) or DOCSIS channels and associated protocols).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Banks disclosure, the out-of-bank communication in television network , as taught by Stern. One would be motivated to do so to delivering such services and content to particular subsets or groupings within the user base of a content distribution network via non-packet enabled device of the subscriber.
Regarding claim 15, Banks teaches an apparatus comprising:
one or more processors; and memory storing processor-executable instructions ([0035] processor and memory) that, when executed by the one or more
processors, cause the apparatus to:
cause first content to be displayed on a display device ([0033] User input from remote control 106 to STB 102 based on content displayed; [0051], fig. 4, TV 104 displays TV frames 120 (first content));
receive a first signal indicating a request to receive second content associated with the first content at a user device ([0051] A first frame 120 includes content ("Press SEL For More") informing a user that he or she can request more information by pressing the select button (first signal) on the remote control. In response to selection of the select button, the second screen 122 (second content associated with the first content) is displayed); and
send, to a computing device via an out-of-band portion of a non-packetized network, a second signal comprising the request to receive the second content associated with the first content at the user device ([0057] Selection of the "Music" category in frame 152 by interactive use of the remote control 106, causes navigation to proceed to frame 160 (second content) depicted in FIG. 8, which lists titles of songs that can be purchased. Selection of a song title ("Hey, Soul Sister-Train" by interactive use of the remote control 106, as described above, causes a request for the song to be transmitted to server 101, along with other information, e.g., information described above. Content sent to the mobile device comprises the song).
Banks does not explicitly teach
out-of-band portion of a non-packetized network
Stern teaches
out-of-band portion of a non-packetized network (the CPE 106 may use the out-of-band (OOB) or DOCSIS channels and associated protocols).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Banks disclosure, the out-of-bank communication in television network , as taught by Stern. One would be motivated to do so to delivering such services and content to particular subsets or groupings within the user base of a content distribution network via non-packet enabled device of the subscriber.
Regarding claims 3, 10, 17, 24, Banks and Stern teach all limitations of parent claims 1, 8, 15, and 22 , wherein Banks further teaches the processor-executable instructions, Banks does not explicitly teach when executed by the one or more processors, further cause the apparatus to:
receive, via the non-packetized network, one or more trigger elements associated with the first content ([0033] User input from remote control 106 to STB 102 based on content displayed on TV 104 provides consumer information such as a telephone number to the STB 102, which provides the information to server 101); and
cause the one or more trigger elements to be displayed with the first content on the display device ([0033] The server 101 in turn transmits content related to the advertising campaign data 110 to mobile device 108, e.g., via a cell phone network based on the consumers telephone number.).
Regarding claims 4, 11, 18, and 25, Banks and Stern teach all limitations of parent claims 1, 8, 15, and 22, wherein Banks further teaches the processor-executable instructions, when executed by the one or more processors, further cause the apparatus to:
send a request for an application configured to execute one or more trigger elements associated with the first content ([0051] A first frame 120 includes content ("Press SEL For More") informing a user that he or she can request more information by pressing the select button on the remote control.); and
receive the application, wherein the first signal comprises at least one trigger element selected via the application ([0051] In response to selection of the select button, the second screen 122 is displayed, which includes interactive content for entering a telephone number).
Regarding claims 5, 12, 19, and 26, Banks and Stern teach all limitations of parent claims 1, 8, 15, and 22, wherein Banks further teaches the first signal comprises a first device identifier associated with the first computing device ([0033] User input from remote control 106 to STB 102 based on content displayed on TV 104 provides consumer information such as a telephone number to the STB 102, which provides the information to server 101).
Regarding claim 6, 13, 20, and 27, Banks and Stern teach all limitations of parent claims 1, 8, 15, and 22, wherein Banks further teaches the first computing device comprises one of a set-top-box or a television ([0032] System 100 includes server 101 for handling advertising, text messaging, and multimedia messaging, STB 102, TV 104).
Regarding claim 22, Banks teaches a system comprising:
a first computing device configured to:
cause first content to be displayed on a display device ([0033] User input from remote control 106 to STB 102 based on content displayed; [0051], fig. 4, TV 104 displays TV frames 120 (first content));
receive a first signal indicating a request to receive second content associated with the first content at a user device ([0051] A first frame 120 includes content ("Press SEL For More") informing a user that he or she can request more information by pressing the select button (first signal) on the remote control. In response to selection of the select button, the second screen 122 (second content associated with the first content) is displayed); and
send, to a second computing device via an out-of-band portion of a non-packetized network, a second signal comprising the request to receive the second content associated with the first content at the user device ([0057] Selection of the "Music" category in frame 152 by interactive use of the remote control 106, causes navigation to proceed to frame 160 (second content) depicted in FIG. 8, which lists titles of songs that can be purchased. Selection of a song title ("Hey, Soul Sister-Train" by interactive use of the remote control 106, as described above, causes a request for the song to be transmitted to server 101, along with other information, e.g., information described above. Content sent to the mobile device comprises the song); and
the second computing device configured to:
receive, from the first computing device, the second signal ([0057] Content sent to the mobile device comprises the song. Examples of purchased items that can be delivered to a mobile or other device comprise ring tones, software, electronic maps, electronic games).
Banks does not explicitly teach
out-of-band portion of a non-packetized network
Stern teaches
out-of-band portion of a non-packetized network (the CPE 106 may use the out-of-band (OOB) or DOCSIS channels and associated protocols).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the Banks disclosure, the out-of-bank communication in television network , as taught by Stern. One would be motivated to do so to delivering such services and content to particular subsets or groupings within the user base of a content distribution network via non-packet enabled device of the subscriber.
Claims 2, 9, 16, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Banks (US 20110321107 A1) in view of Stern (US 20110265116 A1) and further in view of Pattison (US 8886748 B1).
Regarding claim 2, 9, 16, 23, Banks and Stern teach all limitations of parent claims 1, 8, 15, and 22, Banks does not explicitly teach wherein the request to receive the second content associated with the first content at the user device comprises a trigger signal, wherein the trigger signal further comprises a linkage message and one or more respective indices associated with one or more trigger elements associated with the first content.
Pattison teaches
wherein the request to receive the second content associated with the first content at the user device comprises a trigger signal (col. 2, lines 13-14, the content to include an action trigger), wherein the trigger signal further comprises a linkage message and one or more respective indices associated with one or more trigger elements associated with the first content (col. 2, lines 18-20, preparing, at the content proxy computer, a message containing the content in a format suitable for viewing by a target device; and sending the message to the target device; col. 2, lines 29-35, the method the action trigger comprises a menu of one or more items, a hot key, or a button. The step of receiving an indication from the client device that content is to be captured comprises one or more of receiving an indication that a menu item was selected, receiving an indication that the hot key was selected and receiving an indication that the button was selected).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to implement the teaching of Pattison into the teaching of Banks, the second content comprises a trigger element. One would be motivated to do so to identify multiple action triggers may be associated with the content where each of the action triggers may be associated with different functionality or different portions of the presented content.
Claims 7, 14, 21, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Banks (US 20110321107 A1) in view of Stern (US 20110265116 A1) and further in view of Dasher (US 20120096499).
Regarding claims 7, 14, 21, and 28, Banks and Stern teach all limitations of parent claims 1, 8, 15, and 22, Banks does not explicitly teach wherein the non-packetized network comprises a quadrature amplitude modulation network.
Dasher teaches
the non-packetized network comprises a quadrature amplitude modulation network ([0030], non-IP (non-packetized) based VOD server 50, [0044], the VOD server 50 may then deliver or transmit the stored VOD content to the set-top box 96 (and, hence, to the television 38) via an MPEG-2 Transport Stream (TS) using a Quadrature Amplitude Modulation (QAM)-based protocol).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to include in the Banks disclosure, the non-packetized network comprises a QAM, as taught by Dasher. One would be motivated to do so to integrate functionality of the OTV server to provide non-IP based VOD content delivery to facilitate VOD catalog search and content distribution in a user-friendly manner, which does not require extensive user inputs or tedious remote control-based clicks.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith (US 20130191757 A1) and Shimamoto (US 20110296483 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH NGUYEN whose telephone number is (571)270-0657. The examiner can normally be reached M-F.
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/ANH NGUYEN/Primary Examiner, Art Unit 2458