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 .
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 1-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. [US 12,108,107, hereinafter refers '107].
Regarding claim 1, the claim limitation of the instant claim is same as claim 1 of ‘107, except the claim limitation of “a tuner configured to receive first video data relating to a broadcast program, application acquisition destination information and application expiration information for a predetermined application via a digital television broadcast signal; a network interface configured to communicate with a server via a network and to receive second video data relating to a content stored in the server; a video decoder configured to decode the first video data received by the tuner and/or the second video data received by the network interface; a processor configured to acquire the predetermined application from the network based on the application acquisition destination information received by the tuner via a digital television broadcast signal, execute the acquired predetermined application, and generate an application video based on the executed predetermined application; and a display configured to display a video of the broadcast program based on the first video data decoded by the video decoder, a content video based on the second video data decoded by the video decoder, and/or the application video generated by the processor, wherein the processor is further configured to: determine, based on the application expiration information received by the tuner via a digital television broadcast signal, whether the expiration of the predetermined application has expired; acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has not expired; and not acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has expired” which corresponds to claim limitation of “a tuner configured to receive first video data relating to a broadcast program via a digital television broadcast signal: a network interface configured to communicate with a server via a network and to receive second video data relating to a content stored in the server; a video decoder configured to decode the first video data received by the tuner and/or the second video data received by the network interface: a processor configured to acquire a predetermined application from the network based on application acquisition destination information received by the network interface, execute the acquired predetermined application, and generate an application video based on the executed predetermined application; and a display configured to display a video of the broadcast program based on the first video data decoded by the video decoder, a content video based on the second video data decoded by the video decoder, and/or the application video generated by the processor, wherein the network interface is further configured to receive application expiration information for the predetermined application from the network, and wherein the processor is further configured to: determine, based on the application expiration information received by the network interface, whether the expiration of the predetermined application has expired; acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has not expired; and not acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has expired” of claim 1 of ‘107. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitation of claim 1 is met by the claim limitation of claim 1 of ‘107.
Regarding claim 2, the claim limitation of the instant claim is same as claim 2 of ‘107, except the claim limitation of “a tuner configured to receive first video data relating to a broadcast program, application acquisition destination information and application expiration information for a predetermined application via a digital television broadcast signal; a network interface configured to communicate with a server via a network and to receive second video data relating to a content stored in the server; a video decoder configured to decode the first video data received by the tuner and/or the second video data received by the network interface; a processor configured to acquire the predetermined application from the network based on the application acquisition destination information received by the tuner via a digital television broadcast signal, execute the acquired predetermined application, and generate an application video based on the executed predetermined application; and a display configured to display a video of the broadcast program based on the first video data decoded by the video decoder, a content video based on the second video data decoded by the video decoder, and/or the application video generated by the processor, wherein the processor is further configured to: determine, based on the application expiration information received by the tuner via a digital television broadcast signal, whether the expiration of the predetermined application has expired; acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has not expired; and not acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has expired” which corresponds to claim limitation of “a tuner configured to receive first video data relating to a broadcast program via a digital television broadcast signal: a network interface configured to communicate with a server via a network and to receive second video data relating to a content stored in the server; a video decoder configured to decode the first video data received by the tuner and/or the second video data received by the network interface: a processor configured to acquire a predetermined application from the network based on application acquisition destination information received by the network interface, execute the acquired predetermined application, and generate an application video based on the executed predetermined application; and a display configured to display a video of the broadcast program based on the first video data decoded by the video decoder, a content video based on the second video data decoded by the video decoder, and/or the application video generated by the processor, wherein the network interface is further configured to receive application expiration information for the predetermined application from the network, and wherein the processor is further configured to: determine, based on the application expiration information received by the network interface, whether the expiration of the predetermined application has expired; acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has not expired; and not acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has expired” of claim 2 of ‘107. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitation of claim 2 is met by the claim limitation of claim 2 of ‘107.
Regarding claim 3, the claim limitation of claim 3 is same as claim 3 of ‘107.
Regarding claim 4, the claim limitation of the instant claim is same as claim 2 of ‘107, except the claim limitation of “a tuner configured to receive first video data relating to a broadcast program, application acquisition destination information and application expiration information for a predetermined application via a digital television broadcast signal; a network interface configured to communicate with a server via a network and to receive second video data relating to a content stored in the server; a video decoder configured to decode the first video data received by the tuner and/or the second video data received by the network interface; a processor configured to acquire the predetermined application from the network based on the application acquisition destination information received by the tuner via a digital television broadcast signal, execute the acquired predetermined application, and generate an application video based on the executed predetermined application; and a display configured to display a video of the broadcast program based on the first video data decoded by the video decoder, a content video based on the second video data decoded by the video decoder, and/or the application video generated by the processor, wherein the processor is further configured to: determine, based on the application expiration information received by the tuner via a digital television broadcast signal, whether the expiration of the predetermined application has expired; acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has not expired; and not acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has expired” which corresponds to claim limitation of “a tuner configured to receive first video data relating to a broadcast program via a digital television broadcast signal: a network interface configured to communicate with a server via a network and to receive second video data relating to a content stored in the server; a video decoder configured to decode the first video data received by the tuner and/or the second video data received by the network interface: a processor configured to acquire a predetermined application from the network based on application acquisition destination information received by the network interface, execute the acquired predetermined application, and generate an application video based on the executed predetermined application; and a display configured to display a video of the broadcast program based on the first video data decoded by the video decoder, a content video based on the second video data decoded by the video decoder, and/or the application video generated by the processor, wherein the network interface is further configured to receive application expiration information for the predetermined application from the network, and wherein the processor is further configured to: determine, based on the application expiration information received by the network interface, whether the expiration of the predetermined application has expired; acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has not expired; and not acquire the predetermined application from the network if the processor determines that the expiration of the predetermined application has expired” of claim 4 of ‘107. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitation of claim 4 is met by the claim limitation of claim 4 of ‘107.
Regarding claim 5, the claim limitation of claim 5 is same as claim 5 of ‘107.
Regarding claim 6, the claim limitation of claim 6 is same as claim 6 of ‘107.
Regarding claim 7, the claim limitation of claim 7 is same as claim 7 of ‘107.
Regarding claim 8, the claim limitation of claim 8 is same as claim 8 of ‘107.
Regarding claim 9, the claim limitation of claim 9 is same as claim 9 of ‘107.
Regarding claim 10, the claim limitation of claim 10 is same as claim 10 of ‘107.
Conclusion
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/CAI Y CHEN/Primary Examiner, Art Unit 2425