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 .
This office action is responsive to communication filed on 10/21/2024.
Specification
The disclosure is objected to because of the following informalities: It is suggested to update the status of the Cross-Reference of related applications (Specification, page 1).
Appropriate correction is required.
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 obviousness-type 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); 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 conflicting 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.
Claims 21 – 40 of US Application No. 18/922,105 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 - 20 of U.S. Patent No. 12,155,736. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1 - 20 of the U.S. Patent mentioned above, contain every element of claims 21 – 40 of the instant application with minor modifications in the claimed language; and thus anticipate the claim of the instant application. Claims 21 – 40 of the instant application are therefore not patently distinct from claims 1 - 20 of the U.S. Patent No. 12,155,736 because claims 21, 28, and 35 of the instant application claim “content interaction” as opposed to a “play count” of the U.S. Patent and as such are unpatentable over obvious-type double patenting. One skilled in the art recognizes that substituting “a content interaction for a play count” or “a media content for a media file “would be an obvious variation in the claims for the purpose of achieving the same end result.
"A later patent claim is not patentably distinct from an earlier patent claim if the later claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus). " ELI LILLY AND COMPANY v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
US Application No. 18/922,105
US Patent No. 12,155,736
21. (New) A method comprising:
tracking content interaction requests via a blockchain protocol, wherein tracking content interaction requests includes:
validating a request to play media content via the blockchain protocol;
upon validating the request to play the media content, recording the request to play the media content as a valid blockchain transaction to a blockchain, wherein the request to play is not considered a valid request to play to be added to the content interaction until the request to play is validated by a validation node.
22. (New) The method of claim 21, wherein the blockchain protocol utilizes a proof of authority algorithm.
23. (New) The method of claim 21, wherein validating the request includes cryptographically validating the request by two authorized sealers from a plurality of sealers.
24. (New) The method of claim 21, wherein the request to play the media content includes a request to the blockchain to access the content at a specified time.
25. (New) The method of claim 21, wherein requests to the blockchain can be finalized as soon as they hit the blockchain thereby allowing appending to the blockchain in any order.
26. (New) The method of claim 21, wherein a short buffer of the media content is instantly streamed from a media server after receiving the request to play the media content, but the rest of the media content is only streamed after the request to play has been validated.
27. (New) The method of claim 21, wherein different versions of the blockchain are created for different clients.
28. (New) A system comprising:
a processor; and
memory, the memory storing instructions to cause a processor to execute a method, the method comprising:
tracking content interaction requests via a blockchain protocol, wherein tracking content interaction requests includes:
validating a request to play media content via the blockchain protocol;
upon validating the request to play the media content, recording the request to play the media content as a valid blockchain transaction to a blockchain, wherein the request to play is not considered a valid request to play to be added to the content interaction until the request to play is validated by a validation node.
29. (New) The system of claim 28, wherein the blockchain protocol utilizes a proof of authority algorithm.
30. (New) The system of claim 28, wherein validating the request includes cryptographically validating the request by two authorized sealers from a plurality of sealers.
31. (New) The system of claim 28, wherein the request to play the media content includes a request to the blockchain to access the content at a specified time.
32. (New) The system of claim 28, wherein requests to the blockchain can be finalized as soon as they hit the blockchain thereby allowing appending to the blockchain in any order.
33. (New) The system of claim 28, wherein a short buffer of the media content is instantly streamed from a media server after receiving the request to play the media content, but the rest of the media content is only streamed after the request to play has been validated.
34. (New) The system of claim 28, wherein different versions of the blockchain are created for different clients.
35. (New) A non-transitory computer readable medium storing instructions to execute a method, the method comprising:
tracking content interaction requests via a blockchain protocol, wherein tracking content interaction requests includes:
validating a request to play media content via the blockchain protocol;
upon validating the request to play the media content, recording the request to play the media content as a valid blockchain transaction to a blockchain, wherein the request to play is not considered a valid request to play to be added to the content interaction until the request to play is validated by a validation node.
36. (New) The non-transitory computer readable medium of claim 35, wherein the blockchain protocol utilizes a proof of authority algorithm.
37. (New) The non-transitory computer readable medium of claim 35, wherein validating the request includes cryptographically validating the request by two authorized sealers from a plurality of sealers.
38. (New) The non-transitory computer readable medium of claim 35, wherein the request to play the media content includes a request to the blockchain to access the content at a specified time.
39. (New) The non-transitory computer readable medium of claim 35, wherein requests to the blockchain can be finalized as soon as they hit the blockchain thereby allowing appending to the blockchain in any order.
40. (New) The non-transitory computer readable medium of claim 35, wherein different versions of the blockchain are created for different clients.
8. (Original) A method comprising:
tracking play count requests via a blockchain protocol, wherein tracking play count requests includes:
validating a request to play a media file via the blockchain protocol;
upon validating the request to play the media file, recording the request to play the media file as a valid blockchain transaction to a blockchain, wherein the request to play is not considered a valid request to play to be added to the play count until the request to play is validated by at least one validation node.
9. (Original) The method of claim 8, wherein the blockchain protocol utilizes a proof of authority algorithm.
10. (Original) The method of claim 8, wherein validating the request includes cryptographically validating the request by two authorized sealers from a plurality of sealers.
11. (Original) The method of claim 8, wherein the request to play the media file includes a request to the blockchain to access the content at a specified time.
12. (Original) The method of claim 8, wherein requests to the blockchain can be finalized as soon as they hit the blockchain thereby allowing appending to the blockchain in any order.
13. (Original) The method of claim 8, wherein a short buffer of the media file is instantly streamed from a media server after receiving the request to play the media file, but the rest of the media file is only streamed after the request to play has been validated.
14. (Original) The method of claim 8, wherein different versions of the blockchain are created for different clients.
1. (Original) A system comprising:
a processor; and
memory, the memory storing instructions to cause a processor to execute a method, the method comprising: tracking play count requests via a blockchain protocol, wherein tracking play count requests includes:
validating a request to play a media file via the blockchain protocol;
upon validating the request to play the media file, recording the request to play the media file as a valid blockchain transaction to a blockchain, wherein the request to play is not considered a valid request to play to be added to the play count until the request to play is validated by at least one validation node.
2. (Original) The system of claim 1, wherein the blockchain protocol utilizes a proof of authority algorithm.
3. (Original) The system of claim 1, wherein validating the request includes cryptographically validating the request by two authorized sealers from a plurality of sealers.
4. (Original) The system of claim 1, wherein the request to play the media file includes a request to the blockchain to access the content at a specified time.
5. (Original) The system of claim 1, wherein requests to the blockchain can be finalized as soon as they hit the blockchain thereby allowing appending to the blockchain in any order.
6. (Original) The system of claim 1, wherein a short buffer of the media file is instantly streamed from a media server after receiving the request to play the media file, but the rest of the media file is only streamed after the request to play has been validated.
7. (Original) The system of claim 1, wherein different versions of the blockchain are created for different clients.
15. (Original) A non-transitory computer readable medium storing instructions to execute a method, the method comprising:
tracking play count requests via a blockchain protocol, wherein tracking play count requests includes:
validating a request to play a media file via the blockchain protocol;
upon validating the request to play the media file, recording the request to play the media file as a valid blockchain transaction to a blockchain, wherein the request to play is not considered a valid request to play to be added to the play count until the request to play is validated by at least one validation node.
16. (Original) The non-transitory computer readable medium of claim 15, wherein the blockchain protocol utilizes a proof of authority algorithm.
17. (Original) The non-transitory computer readable medium of claim 15, wherein validating the request includes cryptographically validating the request by two authorized sealers from a plurality of sealers.
18. (Original) The non-transitory computer readable medium of claim 15, wherein the request to play the media file includes a request to the blockchain to access the content at a specified time.
19. (Original) The non-transitory computer readable medium of claim 15, wherein requests to the blockchain can be finalized as soon as they hit the blockchain thereby allowing appending to the blockchain in any order.
20. (Original) The non-transitory computer readable medium of claim 15, wherein different versions of the blockchain are created for different clients.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVES DALENCOURT whose telephone number is (571)272-3998. The examiner can normally be reached M-F 8AM-5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ario Etienne can be reached at 571-272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YVES DALENCOURT/Primary Examiner, Art Unit 2457