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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claim 1-20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12132957. Although the claims at issue are not identical, they are not patentably distinct from each other because they are different definitions or descriptions of the same subject matter varying in breadth and because of the claims in the instant application are broader than the claims in '301.
A comparison of the claim language follows, where the similar language is underlined for identification:
U.S. Patent No. 12132957
Instant Application
18/902258
1. A computing system comprising: a processor; and a non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by the processor, cause performance of a set of operations comprising: determining that first media is exclusive to a streaming media provider based on an associated universal resource locator (“URL”) of the first media, metadata of the first media, or data provided by the streaming media provider about the first media; associating a first signature of the first media with the streaming media provider based on the first media being exclusive to the provider; and when a second signature of second media matches the first signature, identifying the streaming media provider as a provider of the second signature.
1. A computing system comprising: a processor; and a non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by the processor, cause performance of a set of operations comprising: determining that media is exclusive to a streaming media provider based on data provided by the streaming media provider about the media; associating a signature of the media with the streaming media provider based on the media being exclusive to the streaming media provider; and logging the signature associated with the streaming media provider in a reference library.
U.S. Patent No. 12132957
Instant Application
18/902258
9. A method comprising: determining that first media is exclusive to a streaming media provider based on an associated universal resource locator (“URL”) of the first media, metadata of the first media, or data provided by the streaming media provider about the first media; associating a first signature of the first media with the streaming media provider based on the first media being exclusive to the provider; and when a second signature of second media matches the first signature, identifying, the streaming media provider as a provider of the second signature.
9. A method comprising: determining that media is exclusive to a streaming media provider based on data provided by the streaming media provider about the media; associating a signature of the media with the streaming media provider based on the media being exclusive to the streaming media provider; and logging the signature associated with the streaming media provider in a reference library.
U.S. Patent No. 12132957
Instant Application
18/902258
17. A non-transitory tangible computer readable storage medium comprising computer readable instructions which, when executed, cause a processor to at least: determine that first media is exclusive to a streaming media provider based on an associated universal resource locator (“URL”) of the first media, metadata of the first media, or data provided by the streaming media provider about the first media; associate a first signature of the first media with the streaming media provider based on the first media being exclusive to the provider; and when a second signature of second media matches the first signature, identify the streaming media provider as a provider of the second signature
17. A non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by a processor, cause performance of a set of operations comprising: determining that media is exclusive to a streaming media provider based on data provided by the streaming media provider about the media; associating a signature of the media with the streaming media provider based on the media being exclusive to the streaming media provider; and logging the signature associated with the streaming media provider in a reference library.
Claims 2-8, 10-16, and 18-20 of the instant application are similar to claims 2-8, 10-16, and 18-20 in patent application ‘957.
Conclusion
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/CHRISTINE A KURIEN/Examiner, Art Unit 2421
/NATHAN J FLYNN/Supervisory Patent Examiner, Art Unit 2421