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 (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.
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 5, 6, 9, 10, 11, 12, 13 of U.S. Patent No. 11,588,889. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims fully disclose and encompass the claims of the instant application with any differences being minor variations therein.
For example, claim 21 corresponds to claims 1, 4 of U.S. Patent No. 11,588,889.
21. (New) A system, comprising:
one or more processors; and one or more memories, wherein the one or more memories have stored thereon instructions, which when executed by the one or more processors, cause the one or more processors to implement a media player, wherein the media player is configured to
A system, comprising:
one or more processors; and
one or more memories, wherein the one or more memories have stored thereon instructions, which when executed by the one or more processors, cause the one or more processors to implement a media player, wherein the media player is configured to:
receive, based on user input, a request to stream media content of a broadcaster; in response to the request to stream media content, send a request to a provider network, wherein the request indicates a manifest for the requested media content;
receive a manifest from a provider network, wherein the manifest comprises at least a public key and an indication of a location at an edge network from which the media content can be retrieved, and wherein the manifest is received by the media player over a secure connection with the provider network in accordance with a security communication protocol;
receive the manifest from the provider network, wherein the manifest comprises at least a public key and an indication of a location at an edge network from which the media content can be retrieved, wherein the edge network is external to the provider network, and wherein the manifest is received by the media player over a secure connection with the provider network in accordance with a security communication protocol;
retrieve at least some of the media content from the location, wherein the retrieved media content comprises a plurality of content portions of the media content;
retrieve at least some of the media content from the location, wherein the retrieved media content comprises a plurality of content portions of the media content;
play a content portion of the plurality of content portions of the media content;
use the public key received by the media player from the provider network to determine whether a digital signature of one or more of the content portions of the media content retrieved by the media player from the location external to the provider network is valid; and
in response to a determination that the digital signature is valid, play at least one of the content portions.
subsequent to the playing of the content portion, use the public key received by the media player from the provider network to determine whether a digital signature of the content portion is valid; and
4. The system of claim 1, wherein to determine whether the digital signature of one or more of the content portions is valid, the media player is further configured to: subsequent to play of a particular one of the content portions, determine whether a digital signature of the particular content portion is valid; and
based on a determination that the digital signature of the content portion is valid, play one or more additional content portions of the plurality of content portions of the media content.
4. in response to a determination that the digital signature of the particular content portion is valid, play one or more additional portions of the retrieved media content.
Similarly, Claims 21, 28, 35 each similarly correspond to claims 6, 10 of U.S. Patent No. 11,588,889, as obvious variations of systems and computer readable mediums performing the methods.
Claim 22 corresponds to claim 5, 11 of U.S. Patent No. 11,588,889.
Claim 23 corresponds to claim 9, 12 of U.S. Patent No. 11,588,889.
Claim 24 corresponds to claim 13 of U.S. Patent No. 11,588,889.
Claim 25 corresponds to claim 4, 10 of U.S. Patent No. 11,588,889.
Claim 26 corresponds to claim 1, 6, 10 of U.S. Patent No. 11,588,889.
Claim 27 corresponds to claim 1, 6, 10 of U.S. Patent No. 11,588,889.
Claim 29 corresponds to claim 5, 11 of U.S. Patent No. 11,588,889.
Claim 30 corresponds to claim 9, 12 of U.S. Patent No. 11,588,889.
Claim 31 corresponds to claim 13 of U.S. Patent No. 11,588,889.
Claim 32 corresponds to claim 4, 10 of U.S. Patent No. 11,588,889.
Claim 34 corresponds to claim 1, 6, 10 of U.S. Patent No. 11,588,889.
Claim 34 corresponds to claim 1, 6, 10 of U.S. Patent No. 11,588,889.
Claim 36 corresponds to claim 5, 11 of U.S. Patent No. 11,588,889.
Claim 37 corresponds to claim 9, 12 of U.S. Patent No. 11,588,889.
Claim 38 corresponds to claim 13 of U.S. Patent No. 11,588,889.
Claim 39 corresponds to claim 4, 10 of U.S. Patent No. 11,588,889.
Claim 40 corresponds to claim 1,6,10 of U.S. Patent No. 11,588,889.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James R Sheleheda whose telephone number is (571)272-7357. The examiner can normally be reached M-F 8 am-5 pm CST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Bruckart can be reached at (571) 272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/James R Sheleheda/Primary Examiner, Art Unit 2424