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 .
Claims 1-39 are pending.
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.
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Claims 1-39 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-10 of U.S. Patent No. 12,108,093. Although the claims at issue are not identical, they are not patentably distinct from each other.
A comparison of the claims from the current application and U.S. Patent No. 12,108,093 is shown below.
Current Application
U.S. Patent No. 12,108,093
One or more non-transitory computer-readable media storing processor-executable instructions thereon that, when executed by one or more processors, cause the one or more processors to:
receive video content comprising a text component;
determine, based on the text component, one or more topics associated with the video content;
determine that the one or more topics comprises a topic of interest to a user;
and based on the determination that the one or more topics comprises the topic of interest to the user:
determine timing information associated with a portion of the video content corresponding to the topic of interest;
and cause the timing information associated with the portion of the video content to be stored.
1. A method comprising:
receiving video content comprising a text component;
determining, based on the text component, one or more topics associated with the video content;
determining that the one or more topics comprises a topic of interest to a user;
and based on the determination that the one or more topics comprises the topic of interest to the user:
determining timing information associated with a portion of the video content corresponding to the topic of interest;
and causing the timing information associated with the portion of the video content to be stored.
11. One or more non-transitory computer-readable media storing processor-executable instructions thereon that, when executed by a processor, cause the processor to:
receive, at a first time, a message comprising a topic and a reference to video content;
determine, based on the message, that the topic matches a topic of interest of a user;
based on the determination that the topic matches the topic of interest to the user:
determine timing information associated with a portion of the video content corresponding to the topic;
and cause the timing information associated with the portion of the video content to be stored.
1. A method comprising:
receiving video content comprising a text component;
determining, based on the text component, one or more topics associated with the video content;
determining that the one or more topics comprises a topic of interest to a user;
and based on the determination that the one or more topics comprises the topic of interest to the user:
determining timing information associated with a portion of the video content corresponding to the topic of interest;
and causing the timing information associated with the portion of the video content to be stored.
14. An apparatus comprising:
one or more processors;
and memory storing processor-executable instructions that, when executed by the one or more processors, cause the apparatus to:
receive video content comprising a text component;
determine, based on the text component, one or more topics associated with the video content;
determine that the one or more topics comprises a topic of interest to a user;
and based on the determination that the one or more topics comprises the topic of interest to the user:
determine timing information associated with a portion of the video content corresponding to the topic of interest;
and cause the timing information associated with the portion of the video content to be stored.
1. A method comprising:
receiving video content comprising a text component;
determining, based on the text component, one or more topics associated with the video content;
determining that the one or more topics comprises a topic of interest to a user;
and based on the determination that the one or more topics comprises the topic of interest to the user:
determining timing information associated with a portion of the video content corresponding to the topic of interest;
and causing the timing information associated with the portion of the video content to be stored.
24. An apparatus comprising:
one or more processors;
and memory storing processor-executable instructions that, when executed by the one or more processors, cause the apparatus to:
receive, at a first time, a message comprising a topic and a reference to video content;
determine, based on the message, that the topic matches a topic of interest of a user;
based on the determination that the topic matches the topic of interest to the user:
determine timing information associated with a portion of the video content corresponding to the topic;
and cause the timing information associated with the portion of the video content to be stored.
1. A method comprising:
receiving video content comprising a text component;
determining, based on the text component, one or more topics associated with the video content;
determining that the one or more topics comprises a topic of interest to a user;
and based on the determination that the one or more topics comprises the topic of interest to the user:
determining timing information associated with a portion of the video content corresponding to the topic of interest;
and causing the timing information associated with the portion of the video content to be stored.
27. A system comprising:
a computing device configured to:
receive video content comprising a text component;
determine, based on the text component, one or more topics associated with the video content;
determine that the one or more topics comprises a topic of interest to a user;
and based on the determination that the one or more topics comprises the topic of interest to the user:
determine timing information associated with a portion of the video content corresponding to the topic of interest;
and cause the timing information associated with the portion of the video content to be stored;
and a storage device configured to store the timing information.
1. A method comprising:
receiving video content comprising a text component;
determining, based on the text component, one or more topics associated with the video content;
determining that the one or more topics comprises a topic of interest to a user;
and based on the determination that the one or more topics comprises the topic of interest to the user:
determining timing information associated with a portion of the video content corresponding to the topic of interest;
and causing the timing information associated with the portion of the video content to be stored.
37. A system comprising:
a computing device configured to:
receive, at a first time, a message comprising a topic and a reference to video content;
determine, based on the message, that the topic matches a topic of interest of a user;
based on the determination that the topic matches the topic of interest to the user:
determine timing information associated with a portion of the video content corresponding to the topic;
and cause the timing information associated with the portion of the video content to be stored;
and a storage device configured to store the timing information.
1. A method comprising:
receiving video content comprising a text component;
determining, based on the text component, one or more topics associated with the video content;
determining that the one or more topics comprises a topic of interest to a user;
and based on the determination that the one or more topics comprises the topic of interest to the user:
determining timing information associated with a portion of the video content corresponding to the topic of interest;
and causing the timing information associated with the portion of the video content to be stored.
Regarding Claim 1, Claim 1 of U.S. Patent No. 12,108,093 is similar to Claim 1 of the current application. Claim 1 of U.S. Patent No. 12,108,093 is a method claim while Claim 1 of the current application is a computer-readable media claim. Therefore, it is obvious that the claims are not patentably distinct from one another.
Regarding Claim 2, Claim 2 of U.S. Patent No. 12,108,093 is similar to Claim 2 of the current application.
Regarding Claim 3, Claim 3 of U.S. Patent No. 12,108,093 is similar to Claim 3 of the current application.
Regarding Claim 4, Claim 4 of U.S. Patent No. 12,108,093 is similar to Claim 4 of the current application.
Regarding Claim 5, Claim 5 of U.S. Patent No. 12,108,093 is similar to Claim 5 of the current application.
Regarding Claim 6, Claim 6 of U.S. Patent No. 12,108,093 is similar to Claim 6 of the current application.
Regarding Claim 7, Claim 7 of U.S. Patent No. 12,108,093 is similar to Claim 7 of the current application.
Regarding Claim 8, Claim 8 of U.S. Patent No. 12,108,093 is similar to Claim 8 of the current application.
Regarding Claim 9, Claim 9 of U.S. Patent No. 12,108,093 is similar to Claim 9 of the current application.
Regarding Claim 10, Claim 10 of U.S. Patent No. 12,108,093 is similar to Claim 10 of the current application.
Regarding Claim 11, Claim 1 of U.S. Patent No. 12,108,093 is similar to Claim 11 of the current application. Claim 1 of U.S. Patent No. 12,108,093 is a method claim that includes the step for receiving a text component comprising information relating topics associated with a video content while Claim 11 of the current application is a computer-readable media claim that includes instructions for receiving a message comprising a topic and a reference to a video content. The text component and the message are used to identify a topic and the video content. Therefore, it is obvious that the claims are not patentably distinct from one another.
Regarding Claim 12, Claim 7 of U.S. Patent No. 12,108,093 is similar to Claim 12 of the current application.
Regarding Claim 13, Claim 9 of U.S. Patent No. 12,108,093 is similar to Claim 13 of the current application.
Regarding Claim 14, Claim 1 of U.S. Patent No. 12,108,093 is similar to Claim 14 of the current application. Claim 1 of U.S. Patent No. 12,108,093 is a method claim while Claim 14 of the current application is an apparatus claim. Therefore, it is obvious that the claims are not patentably distinct from one another.
Regarding Claim 15, Claim 2 of U.S. Patent No. 12,108,093 is similar to Claim 15 of the current application.
Regarding Claim 16, Claim 3 of U.S. Patent No. 12,108,093 is similar to Claim 16 of the current application.
Regarding Claim 17, Claim 4 of U.S. Patent No. 12,108,093 is similar to Claim 17 of the current application.
Regarding Claim 18, Claim 5 of U.S. Patent No. 12,108,093 is similar to Claim 18 of the current application.
Regarding Claim 19, Claim 6 of U.S. Patent No. 12,108,093 is similar to Claim 19 of the current application.
Regarding Claim 20, Claim 7 of U.S. Patent No. 12,108,093 is similar to Claim 20 of the current application.
Regarding Claim 21, Claim 8 of U.S. Patent No. 12,108,093 is similar to Claim 21 of the current application.
Regarding Claim 22, Claim 9 of U.S. Patent No. 12,108,093 is similar to Claim 22 of the current application.
Regarding Claim 23, Claim 10 of U.S. Patent No. 12,108,093 is similar to Claim 23 of the current application.
Regarding Claim 24, Claim 1 of U.S. Patent No. 12,108,093 is similar to Claim 24 of the current application. Claim 1 of U.S. Patent No. 12,108,093 is a method claim that includes the step for receiving a text component comprising information relating topics associated with a video content while Claim 24 of the current application is an apparatus claim that includes instructions for receiving a message comprising a topic and a reference to a video content. The text component and the message are used to identify a topic and the video content. Therefore, it is obvious that the claims are not patentably distinct from one another.
Regarding Claim 25, Claim 7 of U.S. Patent No. 12,108,093 is similar to Claim 25 of the current application.
Regarding Claim 26, Claim 9 of U.S. Patent No. 12,108,093 is similar to Claim 26 of the current application.
Regarding Claim 27, Claim 1 of U.S. Patent No. 12,108,093 is similar to Claim 27 of the current application. Claim 1 of U.S. Patent No. 12,108,093 is a method claim while Claim 27 of the current application is a system claim. Therefore, it is obvious that the claims are not patentably distinct from one another.
Regarding Claim 28, Claim 2 of U.S. Patent No. 12,108,093 is similar to Claim 28 of the current application.
Regarding Claim 29, Claim 3 of U.S. Patent No. 12,108,093 is similar to Claim 29 of the current application.
Regarding Claim 30, Claim 4 of U.S. Patent No. 12,108,093 is similar to Claim 30 of the current application.
Regarding Claim 31, Claim 5 of U.S. Patent No. 12,108,093 is similar to Claim 31 of the current application.
Regarding Claim 32, Claim 6 of U.S. Patent No. 12,108,093 is similar to Claim 32 of the current application.
Regarding Claim 33, Claim 7 of U.S. Patent No. 12,108,093 is similar to Claim 33 of the current application.
Regarding Claim 34, Claim 8 of U.S. Patent No. 12,108,093 is similar to Claim 34 of the current application.
Regarding Claim 35, Claim 9 of U.S. Patent No. 12,108,093 is similar to Claim 35 of the current application.
Regarding Claim 36, Claim 10 of U.S. Patent No. 12,108,093 is similar to Claim 36 of the current application.
Regarding Claim 37, Claim 1 of U.S. Patent No. 12,108,093 is similar to Claim 37 of the current application. Claim 1 of U.S. Patent No. 12,108,093 is a method claim that includes the step for receiving a text component comprising information relating topics associated with a video content while Claim 37 of the current application is a system claim that includes instructions for receiving a message comprising a topic and a reference to a video content. The text component and the message are used to identify a topic and the video content. Therefore, it is obvious that the claims are not patentably distinct from one another.
Regarding Claim 38, Claim 7 of U.S. Patent No. 12,108,093 is similar to Claim 38 of the current application.
Regarding Claim 39, Claim 9 of U.S. Patent No. 12,108,093 is similar to Claim 39 of the current application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VU B HANG whose telephone number is (571)272-0582.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hai Phan, can be reached at (571)272-6338. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VU B HANG/Primary Examiner, Art Unit 2654
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