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 .
Miscellaneous
Claims pending: 1-15, 27-30, 32-42,
Claims amended: n/a
Claims cancelled: 16-26, 31,
New claims: n/a
Response to Amendment
Applicant’s explanation regarding claim(s) 1-15, 27-30, 32-42 overcomes the Rejection under 35 U.S.C. 112(a) raised, therefore the Rejection is withdrawn.
Double Patenting
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
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Claims 1-15, 27-30, 32-42, are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-52 of U.S. Patent No. 10499114 since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Application's Claim(s) 1, 27 similarly claim: A method comprising: providing communication service to a craft via a communication link, the craft comprising a media delivery system to receive requests for a group of linear media channels offered within the craft, and to buffer and manage distribution of the group of linear media channels received via the communication link according to the requests; obtaining, for a time period, linear media channel packets of the group of linear media channels and network traffic packets requested by client devices within the craft; obtaining, for the time period, an indication of whether the communication link is congested or uncongested; in response to the indication that the communication link is uncongested: scheduling transmission of the linear media channel packets and the network traffic packets to the craft via the communication link; in response to the indication that the communication link is congested: determining an available information rate for transmitting the linear media channel packets, and obtaining an indication of whether a media buffer associated with the media delivery system on the craft satisfies or does not satisfy a threshold; in response to obtaining the indication that the media buffer satisfies the threshold: scheduling transmission of the linear media channel packets and the network traffic packets to the craft via the communication link, the transmission of the linear media channel packets scheduled according to the determined available information rate; and in response to obtaining the indication that the media buffer does not satisfy the threshold: scheduling transmission of previously delayed linear media channel packets, the network traffic packets and the linear media channel packets to the media delivery system on the craft, the transmission of the linear media channel packets and the previously delayed linear media channel packets scheduled according to an information rate exceeding the determined available information rate... On the other hand, Patent No. 10499114 Claim 1 claim: A method comprising: providing communication service to a craft via a communication link, the craft comprising a media delivery system to receive requests for a group of linear media channels from among a plurality of linear media channels offered within the craft, and to buffer and manage distribution of the group of requested linear media channels received via the communication link according to the requests; receiving, for a time period, linear media channel packets of the requested linear media channels and network traffic packets requested by client devices within the craft, the linear media channel packets associated with a linear media channel demand and the network traffic packets associated with a network traffic demand; obtaining, for the time period, an indication of whether the communication link is congested or uncongested; in response to the indication that the communication link is uncongested, scheduling transmission of the linear media channel packets and the network traffic packets to the craft via the communication link according to the linear media channel demand and the network traffic demand respectively; in response to the indication that the communication link is congested: determining an available information rate for transmitting the linear media channel packets based on a difference between a supported information rate of the communication link and the network traffic demand; and scheduling transmission of the linear media channel packets and the network traffic packets to the craft via the communication link according to the determined available information rate and the network traffic demand respectively; in further response to the indication that the communication link is congested: obtaining an indication of whether a media buffer associated with the media delivery system on the craft satisfies or does not satisfy a threshold; in response to obtaining the indication that the media buffer satisfies the threshold: performing said scheduling transmission of the linear media channel packets and the network traffic packets to the craft via the communication link according to the determined available information rate and the network traffic demand respectively; in response to obtaining the indication that the media buffer does not satisfy the threshold: determining a first information rate for transmitting previously delayed linear media channel packets; determining a second information rate and a third information rate for transmitting the requested network traffic packets and the linear media channel packets, respectively; and scheduling transmission of the previously delayed linear media channel packets, the network traffic packets, and the linear media channel packets to the media delivery system on the craft according to the first information rate, the second information rate, and the third information rate, respectively. For that reason, Application's Claim(s) 1, 27, and Patented Claim 1 are not patentably distinct from each other, and is therefore an obvious variant thereof.
Claim(s) 1, 27, of the instant application is fully encompassed by the combination of Claim 1, except for “transmission …according to an information rate exceeding determined available information rate”, claim 1 is silent to “transmission …according to an information rate exceeding determined available information rate”. Richman (US pub: 20140282747) to (Richman) teach an aircraft system for providing wireless data distribution within passengers of the aircraft. The system consists of a load analysis/balance control system 255, which analyze the network traffic and throughput rate for comparison against a threshold point to determine if congestion point is occurring. If congestion is reached on one network then the system switch to another network that has not reached the congestion point to perform the distribution of requested contents (obtaining, an indication of whether communication link is congested or uncongested, in response to indication that communication link is congested, determining an available information rate for transmitting linear media channel packets based on a difference between a supported information rate of communication link and network traffic demand, and scheduling transmission of linear media channel packets and network traffic packets to craft via the communication link according to determined available information rate and network traffic demand respectively). (Fig 2A, 4A, P. 15, 21, 35, 39-40, 44, 73) In the case when the system load analysis/balance control system 255 determine that congestion point has not been reached, the content distribution will keep on going flowing as normal (communication link is uncongested, scheduling transmission of linear media channel packets and network traffic packets to the craft via the communication link according to the linear media channel demand and the network traffic demand respectively).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify (US Pat 10499114) by transmission of the linear media channel packets and the previously delayed linear media channel packets scheduled according to an information rate exceeding determined available information rate as taught by Richman in order to provide an improved content distribution system in a multi-mode wireless network aboard a passenger vehicle.
Allowance of application claims 1-15, 27-30, 32-42, would result in an unjustified time- wise extension of the monopoly granted for the invention defined by patented claims 1-52.
Therefore, obviousness-type double patenting is appropriate.
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Allowable Subject Matter
Claims 1-15, 27-30, 32-42, can be allowed upon overcoming the double patent rejection above.
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
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONG LE whose telephone number is (571)270-7637. The examiner can normally be reached M-F (9 am - 6pm).
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/RONG LE/Primary Examiner, Art Unit 2421
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