Detailed Action
1. This Action is in response to Applicant's patent application filed on October 22, 2024. Claims 1-20 are currently pending in the present application. This Action is made Non-Final.
America Invents Act (AIA ) Information
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statement(s) submitted within this application (has/have) been considered by the Examiner and made of record in the application file.
Double Patenting
4. 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. See 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) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application. See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
5. Claim(s) 1-20 (is/are) rejected under the judicially created doctrine of the obviousness-type double patenting of the claims 1-20 in applicant's prior U. S. Patent No. 12,160,779 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations recited in claims of the instant application are also recited in claims of Applicant’s prior Patent, as shown below.
Instant Application No. 18/923,207 U. S. Patent No. 12,1607,79 B2
1. A computer implemented method for a media device, comprising:
accessing a media service via a first wireless network of a plurality of wireless networks;
streaming audio corresponding to the media service to a mobile device;
determining a number of audio underrun events of the streaming audio that satisfies a configurable threshold value;
subsequent to the determination, selecting a second wireless network of the plurality of wireless networks based on a comparison of data corresponding to one or more communication devices providing the plurality of wireless networks with platform capabilities of the media device comprising a plurality of antennas; and
in response to the establishing, accessing the media service via the second wireless network using a first password of the first wireless network.
//Examiner’s comments: all the limitations of the instant application are also recited in the Applicant’s prior patent, which does not make this patentable distinct from one another.
2. The computer implemented method of claim 1, further comprising: accessing the first password of the first wireless network; and transmitting the first password of the first wireless network to a communication device of the one or more communication devices providing the second wireless network.
3. The computer implemented method of claim 1, further comprising: determining that the utilization of the first password to access the second wireless network failed; subsequent to the failed determination, receiving input for a second password of the second wireless network; and
transmitting the second password to a communication device providing the second wireless network.
4. The computer implemented method of claim 3, further comprising: determining that a record for the second password of the second wireless network does not exist; generating the record for the second password; and storing the record of the second password.
5. The computer implemented method of claim 1, wherein the platform capabilities comprise: a protocol type, a security level, a maximum bandwidth, a global positioning system (GPS) location, or a distance between the media device and a communication device of the one or more communication devices providing the second wireless network.
6. A system for a media device, comprising:
a memory; and at least one processor coupled to the memory and configured to: access a media service via a first wireless network of a plurality of wireless networks; stream audio corresponding to the media service to a mobile device; determine a number of audio underrun events of the streaming audio that satisfies a configurable threshold value;
subsequent to the determination, select a second wireless network of the plurality of wireless networks based on a comparison of data corresponding to one or more communication devices providing the plurality of wireless networks with platform capabilities of the system comprising a plurality of antennas; and in response to the establishing, access the media service via the second wireless network using a first password of the first wireless network.
//Examiner’s comments: all the limitations of the instant application are also recited in the Applicant’s prior patent, which does not make this patentable distinct from one another.
7. The system of claim 6, wherein the at least one processor is further configured to: access the first password of the first wireless network; and transmit the first password of the first wireless network to a communication device of the one or more communication devices providing the second wireless network.
8. The system of claim 6, wherein the at least one processor is further configured to: determine that the utilization of the first password to access the second wireless network failed; subsequent to the failed determination, receive input for a second password of the second wireless network; and transmit the second password to a communication device providing the second wireless network.
9. The system of claim 6, wherein the at least one processor is further configured to: subsequent to the determination, transmit a signal for presenting the second wireless network and choices; and
subsequent to the transmission, receive input to switch from the first wireless network to the second wireless network.
10. The system of claim 6, wherein the platform capabilities comprise: a protocol type, a security level, a maximum bandwidth, a global positioning system (GPS) location, or a distance between the system and a communication device of the one or more communication devices providing the second wireless network.
11. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one processor of a media device, cause the media device to perform operations comprising: accessing a media service via a first wireless network of a plurality of wireless networks; streaming audio corresponding to the media service to a mobile device; determining a number of audio underrun events of the streaming audio that satisfies a configurable threshold value;
subsequent to the determination, selecting a second wireless network of the plurality of wireless networks based on a comparison of data corresponding to one or more communication devices providing the plurality of wireless networks with platform capabilities of the media device comprising a plurality of antennas; and
in response to the establishing, accessing the media service via the second wireless network using a first password of the first wireless network.
//Examiner’s comments: all the limitations of the instant application are also recited in the Applicant’s prior patent, which does not make this patentable distinct from one another.
12. The non-transitory computer-readable medium of claim 11, wherein the operations further comprise: subsequent to the determining, transmitting a signal for presenting the second wireless network and choices; and
subsequent to the transmitting, receiving input to switch from the first wireless network to the second wireless network.
13. The non-transitory computer-readable medium of claim 11, wherein the first wireless network and the second wireless network operate on different frequencies.
14. The non-transitory computer-readable medium of claim 11, wherein the platform capabilities further comprise a serial number.
15. The non-transitory computer-readable medium of claim 11, wherein the mobile device is a wireless remote control.
16. The non-transitory computer-readable medium of claim 11, wherein the configurable threshold value comprises 4 audio underrun events in a streaming audio session.
17. The non-transitory computer-readable medium of claim 11, wherein the operations further comprise: transmitting a video stream of the media service to a display device; determining a video bitrate of the video stream satisfies a second threshold value; and based on the video bitrate satisfying the second threshold value, selecting a third wireless network of the plurality of wireless networks.
18. The non-transitory computer-readable medium of claim 17, wherein to satisfy the second threshold value, the video bitrate drops below 3 megabits per second (Mbps).
19. The non-transitory computer-readable medium of claim 11, wherein the operations further comprise: transmitting a video stream of the media service to a display device; determining a video start time of the video stream satisfies a second threshold value; and based on the video start time satisfying the second threshold value, selecting a third wireless network of the plurality of wireless networks.
20. The non-transitory computer-readable medium of claim 19, wherein to satisfy the second threshold value, the video start time exceeds 5 seconds.
1. A computer implemented method for a media device, comprising:
accessing a media service via a first wireless network of a plurality of wireless networks;
streaming audio corresponding to the media service to a mobile device;
determining a number of audio underrun events of the streaming audio that satisfies a configurable threshold value;
subsequent to the determination, selecting a second wireless network of the plurality of wireless networks based on a comparison of data corresponding to one or more communication devices providing the plurality of wireless networks with platform capabilities of the media device comprising a plurality of antennas;
determining that the second wireless network is available, wherein the second wireless network provides an improved user experience over the first wireless network;
in response to the determining, establishing that a subset of characters of a first Service Set Identifier (SSID) of the first wireless network matches a second SSID of the second wireless network; and
in response to the establishing, accessing the media service via the second wireless network using a first password of the first wireless network.
2. The computer implemented method of claim 1, further comprising: accessing the first password of the first wireless network; and transmitting the first password of the first wireless network to a communication device of the one or more communication devices providing the second wireless network.
3. The computer implemented method of claim 1, further comprising: determining that the utilization of the first password to access the second wireless network failed; subsequent to the failed determination, receiving input for a second password of the second wireless network; and transmitting the second password to a communication device providing the second wireless network.
4. The computer implemented method of claim 3, further comprising: determining that a record for the second password of the second wireless network does not exist; generating the record for the second password; and storing the record of the second password.
5. The computer implemented method of claim 1, wherein the platform capabilities comprise: a protocol type, a security level, a maximum bandwidth, a global positioning system (GPS) location, or a distance between the media device and a communication device of the one or more communication devices providing the second wireless network.
6. A system for a media device, comprising: a memory; and at least one processor coupled to the memory and configured to: access a media service via a first wireless network of a plurality of wireless networks; stream audio corresponding to the media service to a mobile device; determine a number of audio underrun events of the streaming audio that satisfies a configurable threshold value; subsequent to the determination, select a second wireless network of the plurality of wireless networks based on a comparison of data corresponding to one or more communication devices providing the plurality of wireless networks with platform capabilities of the system comprising a plurality of antennas; determine that the second wireless network is available, wherein the second wireless network provides an improved user experience over the first wireless network; in response to the determining, establish that a subset of characters of a first Service Set Identifier (SSID) of the first wireless network matches a second SSID of the second wireless network; and in response to the establishing, access the media service via the second wireless network using a first password of the first wireless network.
7. The system of claim 6, wherein the at least one processor is further configured to: access the first password of the first wireless network; and transmit the first password of the first wireless network to a communication device of the one or more communication devices providing the second wireless network.
8. The system of claim 6, wherein the at least one processor is further configured to: determine that the utilization of the first password to access the second wireless network failed; subsequent to the failed determination, receive input for a second password of the second wireless network; and transmit the second password to a communication device providing the second wireless network.
9. The system of claim 6, wherein the at least one processor is further configured to: subsequent to the determination, transmit a signal for presenting the second wireless network and choices; and subsequent to the transmission, receive input to switch from the first wireless network to the second wireless network.
10. The system of claim 6, wherein the platform capabilities comprise: a protocol type, a security level, a maximum bandwidth, a global positioning system (GPS) location, or a distance between the system and a communication device of the one or more communication devices providing the second wireless network.
11. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one processor of a media device, cause the media device to perform operations comprising: accessing a media service via a first wireless network of a plurality of wireless networks; streaming audio corresponding to the media service to a mobile device; determining a number of audio underrun events of the streaming audio that satisfies a configurable threshold value; subsequent to the determination, selecting a second wireless network of the plurality of wireless networks based on a comparison of data corresponding to one or more communication devices providing the plurality of wireless networks with platform capabilities of the media device comprising a plurality of antennas; determining that the second wireless network is available, wherein the second wireless network provides an improved user experience over the first wireless network; in response to the determining, establishing that a subset of characters of a first Service Set Identifier (SSID) of the first wireless network matches a second SSID of the second wireless network; and in response to the establishing, accessing the media service via the second wireless network using a first password of the first wireless network.
9. The system of claim 6, wherein the at least one processor is further configured to: subsequent to the determination, transmit a signal for presenting the second wireless network and choices; and subsequent to the transmission, receive input to switch from the first wireless network to the second wireless network.
12. The non-transitory computer-readable medium of claim 11, wherein the first wireless network and the second wireless network operate on different frequencies.
14. The non-transitory computer-readable medium of claim 11, wherein the platform capabilities further comprise a serial number.
15. The non-transitory computer-readable medium of claim 11, wherein the mobile device is a wireless remote control.
16. The non-transitory computer-readable medium of claim 11, wherein the configurable threshold value comprises 4 audio underrun events in a streaming audio session.
17. The non-transitory computer-readable medium of claim 11, wherein the operations further comprise: transmitting a video stream of the media service to a display device; determining a video bitrate of the video stream satisfies a second threshold value; and based on the video bitrate satisfying the second threshold value, selecting a third wireless network of the plurality of wireless networks.
18. The non-transitory computer-readable medium of claim 17, wherein to satisfy the second threshold value, the video bitrate drops below 3 megabits per second (Mbps).
19. The non-transitory computer-readable medium of claim 11, wherein the operations further comprise: transmitting a video stream of the media service to a display device; determining a video start time of the video stream satisfies a second threshold value; and based on the video start time satisfying the second threshold value, selecting a third wireless network of the plurality of wireless networks.
20. The non-transitory computer-readable medium of claim 19, wherein to satisfy the second threshold value, the video start time exceeds 5 seconds.
Conclusion
6. The following prior arts are made of record and not relied upon, but is considered pertinent to applicant's disclosure for their relation to video streaming:
US 20100281249 A1
US 20190373464 A1
US 20090215438 A1
7. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Marcos Batista, whose telephone number is (571) 270-5209. The Examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Rafael Pérez-Gutiérrez can be reached at (571) 272-7915. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Marcos Batista/
Primary Examiner - Art Unit 2642
August 18, 2026
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