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. 12120396. 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 '396.
A comparison of the claim language follows, where the similar language is underlined for identification:
U.S. Patent No. 12120396
Instant Application
18/902690
1. 1. A computer-implemented method comprising: receiving a request of a first user for a first media item of a second user, wherein the first media item is associated with a set of rules on how to select one or more additional media items corresponding to the first media item, the set of rules provided by the second user and comprising one or more conditions pertaining to users requesting access to the first media item; determining whether one or more conditions defined by the set of rules and pertaining to the first user are satisfied with respect to a second media item of the one or more additional media items; and responsive to determining that the one or more conditions are satisfied, providing the second media item for presentation via a first user device associated with the first user.
1. (Original) A computer-implemented method comprising:receiving, at a server, a request of a first user for a first media item of a second user, the first media item including at least one of video content or audio content; determining that the first media item of the second user corresponds to a plurality of second media items of the second user, each of the plurality of second media items including at least one of video content or audio content; identifying a set of rules on how to select a second media item, from the plurality of second media items, to be integrated with the first media item of the second user, the set of rules being provided by the second user and comprising one or more conditions pertaining to the first user; selecting, from the plurality of second media items, the second media item based on the set of rules; and transmitting the first media item and the selected second media item to a first user device of the first user, wherein the selected second media item is to be integrated with the first media item for presentation to the first user.
U.S. Patent No. 12120396
Instant Application
18/902690
11. A system comprising: a memory; and a set of one or more processing devices coupled to memory, wherein the set of one or more processing devices is to perform operations comprising: receiving a request of a first user for a first media item of a second user, wherein the first media item is associated with a set of rules on how to select one or more additional media items corresponding to the first media item, the set of rules provided by the second user and comprising one or more conditions pertaining to users requesting access to the first media item; determining whether one or more conditions defined by the set of rules and pertaining to the first user are satisfied with respect to a second media item of the one or more additional media items; and responsive determining that the one or more conditions are satisfied, providing the second media item for presentation via a first user device associated with the first user..
11. (Original) A system comprising:a memory; and a processing device coupled to memory, the processing device to: receive a request of a first user for a first media item of a second user; determine that the first media item of the second user corresponds to a plurality of second media items of the second user; identify a set of rules on how to select a second media item, from the plurality of second media items, to be integrated with the first media item of the second user the set of rules being provided by the second user and comprising one or more conditions pertaining to the first user; select, from the plurality of second media items, a second media item based on the set of rules; and transmit the first media item and the selected second media item to a first user device of the first user, wherein the selected second media item is to be integrated with the first media item for presentation to the first user
U.S. Patent No. 12120396
Instant Application
18/902690
16. A method comprising: transmitting, by a client device associated with a first user of a platform, a request for a first media item of a second user of the platform; receiving, by the client device, the first media item and one or more second media items of the second user of the platform, the one or more second media items corresponding to the first media item; determining, by the client device and based on a set of rules defined by the second user of the platform, a location of a timeline of the first media item where at least one of the one or more second media item is to be integrated; initiating a playback of the first media item via a user interface UI of the client device; and upon detecting that a time period of the playback of the first media item corresponds to the determined location of the timeline of the first media item, providing the at least one of the one or more second media item for presentation via the UI.
1. (Original) A computer-implemented method comprising:receiving, at a server, a request of a first user for a first media item of a second user, the first media item including at least one of video content or audio content; determining that the first media item of the second user corresponds to a plurality of second media items of the second user, each of the plurality of second media items including at least one of video content or audio content; identifying a set of rules on how to select a second media item, from the plurality of second media items, to be integrated with the first media item of the second user, the set of rules being provided by the second user and comprising one or more conditions pertaining to the first user; selecting, from the plurality of second media items, the second media item based on the set of rules; and transmitting the first media item and the selected second media item to a first user device of the first user, wherein the selected second media item is to be integrated with the first media item for presentation to the first user.
Claims 2-10, 12-15, and 17-20 of the instant application are similar to claims 2-7, 9-14, and 16-20 in patent application ‘301 and ‘303.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A KURIEN whose telephone number is (571)270-5694. The examiner can normally be reached M-F; 7:30-4:30.
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/CHRISTINE A KURIEN/Examiner, Art Unit 2421
/NATHAN J FLYNN/Supervisory Patent Examiner, Art Unit 2421