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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Claim 1,2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 and 3 of U.S. Patent No. 11625085. And additional claims 4, 8, 10, 15, 16, 18 are rejected on the ground of nonstatutory double patenting as mapped below. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitation of the instant application is anticipated by the claim limitations of the reference patent
Instant application
Reference Patent 11625085
A media device including a battery, comprising: a memory; the battery configured to provide power to the media device while the media device is in a low power mode; at least one computer processor configured to: cause the media device to enter the low power mode responsive to a detected event; refresh the memory until receipt of an update request from an update server while the media device is in the low power mode; deactivate the low power mode upon receipt of the update request; schedule an update period for receiving an update from the update server responsive to receiving the update request and deactivating of the low power mode; and reactivate the low power mode subsequent to scheduling the update period.
+2. The media device of claim 1, wherein the detected event comprises at least one of a power level of the media device following below a threshold power value.
2. (Previously Presented) A media device including a battery, comprising: a memory device; a port configured to receive a first power, wherein the port is electrically coupled to the memory device; the battery electrically coupled to the port, wherein the battery is configured to supply a second power to the port; a processor electrically coupled to the battery, wherein the processor is configured to: monitor a power level of the first power; provide the media device with the second power supplied by the battery based on the power level of the first power falling below a threshold value; activate a low power mode based on the power level of the first power falling below the threshold value; detect an event while in the low power mode; deactivate the low power mode based on the event; perform a task based on deactivating the low power mode; and reactivate the low power mode based on completing the task.
+
3. (Previously Presented) The media device of claim 2, wherein the processor is further configured to: determine a viewing schedule, wherein the viewing schedule is based on a viewing pattern of a user; receive an update request from an update server; schedule an update period based on receiving the update request, wherein the update period is scheduled based on the viewing schedule; detect the update period; download an update from the update server based on detecting the update period; and install the update on the media device.
4
7
8
8
10
9
15+16
14
18
17+18+19
Allowable Subject Matter
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Claim 3, 5-7, 9, 11-14, 17, 19-20 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Park et al [20110060929] teaches a driving method of an image forming apparatus which is connected to a host apparatus, includes a first memory, a second memory, a first CPU to perform an operation using the first memory in a normal mode and being deactivated if the normal mode is converted into a power saving mode, and a second CPU to perform an operation using the second memory in the power saving mode, the driving method including: detecting a signal that is input from the host apparatus in the power saving mode, and if the input signal is the USB control signal, retaining the power saving mode and performing an operation corresponding to the USB control signal using the second memory, and if the input signal is the USB data signal, activating the first CPU and converting the power saving mode into the normal mode.
Udipi [20140040518] teaches other events may also cause the read response to miss its time-slot reservation deadline, such as if the memory bank 112 had been involved in a periodic refresh operation or in a low-power sleep mode at the time that the read request arrived. The memory controller 106 will not have information enabling it to anticipate possible bank conflicts or other delays, because the memory controller 106 does not deal with the minutiae of per-bank state.
The following is an examiner’s statement of reasons for allowance:
Prior art of record neither individually nor in combination teach:
refresh the memory until receipt of an update request from an update server while the media device is in the low power mode;
deactivate the low power mode upon receipt of the update request;
schedule an update period for receiving an update from the update server responsive to receiving the update request and deactivating of the low power mode; and
reactivate the low power mode subsequent to scheduling the update period.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHAB R PANDEY whose telephone number is (571)270-0176. The examiner can normally be reached Monday-Friday 9:00-5:00(ET).
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/KESHAB R PANDEY/Primary Examiner, Art Unit 2176