DETAILED ACTION
Claims 1-20 are pending.
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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,177,519. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application recites similar features and limitations as the patented application.
Present Application 18/925,580
Patent 12,177,519
1. A method performed by at least one computer processor, the method comprising:
displaying, by a media streaming device on a display device, a plurality of applications installed on the media streaming device;
receiving, by the media streaming device from a remote control associated with the media streaming device, a request to launch an application of the plurality of applications;
initiating, by a dedicated media operating system on the media streaming device, a launch sequence of the application responsive to receiving the request, wherein the launch sequence comprises:
compiling application code of the application; and
substantially in parallel with the application code being compiled, the launch sequence further comprises:
identifying a splash screen associated with the application, wherein the identifying is based on a capability of the media streaming device;
displaying, on the display device, the splash screen; and
passing control of the media streaming device from the dedicated media operating system to the application responsive to determining that the application code has completed compiling;
subsequent to the application receiving the control of the media streaming device:
causing a transition of display of the splash screen to an application user interface associated with the application; and
causing, by the application, execution of a visual effect or a sound effect on the display device during the transition of the display of the splash screen.
8. A media streaming device, comprising:
a memory; and
at least one processor coupled to the memory and configured to perform operations comprising:
displaying, on a display device, a plurality of applications installed on the media streaming device;
receiving, from a remote control associated with the media streaming device, a request to launch an application of the plurality of applications;
initiating, by a dedicated media operating system on the media streaming device, a launch sequence of the application responsive to receiving the request, wherein the launch sequence comprises: compiling application code of the application; and
substantially in parallel with the application code being compiled, the launch sequence further comprises: identifying a splash screen associated with the application, wherein the identifying is based on a capability of the media streaming device;
displaying, on the display device, the splash screen; and
passing control of the media streaming device from the dedicated media operating system to the application responsive to determining that the application code has completed compiling;
subsequent to the application receiving the control of the media streaming device:
causing a transition of display of the splash screen to an application user interface associated with the application; and
causing, by the application, execution of a visual effect or a sound effect on the display device during the transition of the display of the splash screen.
15. A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device to perform operations comprising:
displaying, by the media streaming device on display device, a plurality of applications installed on the media streaming device;
receiving, by the media streaming device from a remote control associated with the media streaming device, a request to launch an application of the plurality of applications;
initiating, by a dedicated media operating system on the media streaming device, a launch sequence of the application responsive to receiving the request, wherein the launch sequence comprises: compiling application code of the application; and
substantially in parallel with the application code being compiled, the launch sequence further comprises:
identifying a splash screen associated with the application, wherein the identifying is based on a capability of the media streaming device;
displaying, on the display device, the splash screen; and
passing control of the media streaming device from the dedicated media operating system to the application responsive to determining that the application code has completed compiling;
subsequent to the application receiving the control of the media streaming device:
causing a transition of display of the splash screen to an application user interface associated with the application; and
causing, by the application, execution of a visual effect or a sound effect on the display device during the transition of the display of the splash screen.
A computer implemented method comprising:
transmitting, by a media streaming device to a content server, a request for an application, wherein the request includes a device type of the media streaming device;
receiving, by a media streaming device, an application package including the application, a static splash screen, a link to a dynamic splash screen, and a load applet, wherein the application package is customized based on the device type of the media streaming device;
initiating a launch sequence responsive to a request to launch the application, wherein initiating the launch sequence comprises:
delegating control of at least one processor of the media streaming device to a media operating system on the media streaming device, and while the media operating system controls the at least one processor, the launch sequence further comprises:
at least one of compiling and initiating, by the at least one processor, an application code of the application;
initiating the load applet to run in parallel with the at least one of compiling and initiating, by the at least one processor, the application code of the application;
determining, by the load applet, whether to display the static splash screen or the dynamic splash screen, wherein the determining is based on an estimated loading time of the application by the media streaming device;
causing, by the load applet and based on the determining, display of the dynamic splash screen on a display device associated with the media streaming device by accessing the link to the dynamic splash screen; and
responsive to determining that the launch sequence is not complete, continuing to cause display of the dynamic splash screen on the display device;
responsive to determining that the launch sequence is complete: passing control of the at least one processor from the media operating system to the application; and
causing display of the application on the display device subsequent to passing the control of the at least one processor to the application.
13. A media streaming device, comprising:
a memory; and
at least one processor coupled to the memory and configured to perform operations comprising:
transmitting, to a content server, a request for an application, wherein the request includes a device type of the media streaming device;
receiving an application package including the application, a plurality of splash screen options including a static splash screen and a dynamic splash screen, and a load applet, wherein the application package is customized based on the device type of the media streaming device;
initiating a launch sequence responsive to a request to launch the application, wherein the launch sequence comprises:
delegating control of the at least one processor to a media operating system on the media streaming device, and while the media operating system controls the at least one processor, the launch sequence further comprises:
at least one of compiling or initiating, by the at least one processor, an application code of the application, wherein the at least one processor is controlled by the media operating system;
initiating the load applet to run in parallel with the at least one of compiling and initiating, by the at least one processor, the application code of the application;
selecting, by the load applet, the dynamic splash screen from the plurality of splash screen options based on a determination whether to display the static splash screen or the dynamic splash screen, wherein the determination is based on an estimated loading time of the application by the media streaming device; causing, by the load applet, display of the dynamic splash screen on a display device associated with the media streaming device based on the selecting; and
responsive to determining that the launch sequence is not complete, continuing to cause the display of the dynamic splash screen on the display device; and
responsive to determining that the launch sequence is complete: passing the control of the at least one processor from the media operating system to the application; and
causing display of the application on the display device subsequent to passing the control of the at least one processor to the application.
20. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device, cause the at least one computing device to perform operations comprising:
transmitting, to a content server, a request for an application, wherein the request includes a device type of the media streaming device;
receiving, by a media streaming device, an application package including the application, a dynamic splash screen, and a load applet, wherein the application package is customized based on the device type of the media streaming device;
initiating a launch sequence responsive to a request to launch the application, wherein the launch sequence comprises:
delegating control of at least one processor of the media streaming device to a media operating system on the media streaming device, and while the media operating system controls the at least one processor, the launch sequence further comprises:
at least one of compiling or initiating, by the at least one processor, an application code of the application, wherein the at least one processor is controlled by the media operating system;
initiating the load applet to run in parallel with the at least one of compiling and initiating, by the at least one processor, the application code of the application; detecting a plurality of splash screen options associated with the application,
wherein the plurality of splash screen options includes a static splash screen and a dynamic splash screen;
causing, by the load applet, display of the dynamic splash screen on a display device associated with the media streaming device, wherein selection of the dynamic splash screen is based on an estimated loading time of the application by the media streaming device; and
responsive to determining that the launch sequence is not complete, continuing to cause the display of the dynamic splash screen on the display device; and
responsive to determining that the launch sequence is complete:
passing control of the at least one processor from the media operating system to the application; and
causing display of the application on the display device subsequent to passing the control of the at least one processor to the application.
.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-6, 8-13, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee[1] et al. (US 2015/0331551) Lee[2] et al. (US 2020/0401384), and further in view of Mo et al. (US 2022/0291934), and further in view of Reik (US 2008/0288763), and further in view of Bae et al. (US 2018/0033360), and
Claim 1, Lee[1] teaches a method performed by at least one computer processor, the method comprising:
displaying, by a media streaming device on a display device (i.e. dynamic view), a plurality of applications installed on the media streaming device (i.e. app titles) (figs. 19, 23-24; p. 0174);
receiving, by the media streaming device from a remote control (i.e. remote controller) associated with the media streaming device (100), a request to launch an application of the plurality of applications (i.e. execution of applications) (p. 0082, 0140);
initiating, by a dedicated media operating system on the media streaming device, a launch sequence (i.e. execution of applications) of the application responsive to receiving the request (i.e. executing application in the home view region) (fig. 24; p. 0140, 0174), wherein the launch sequence comprises:
compiling application code of the application (i.e. installing applications and executing them) (p. 0136-0137); and
the launch sequence further comprises:
“identifying a splash screen associated with the application” (i.e. splash screen of the application) (fig. 24; p. 0174).
displaying, on the display device, the splash screen (i.e. splash screen of the application) (fig. 24; p. 0174);
subsequent to the application receiving the control of the media streaming device (i.e. first splash screen is displayed) (fig. 24; p. 0174):
causing a transition (i.e. first display leads to second display of application) of display of the splash screen to an application user interface associated with the application (i.e. after splash screen is displayed) (fig. 24; p. 0174).
Lee[1] is silent regarding a method performed by at least one computer processor, the method comprising:
“substantially in parallel with the application code being compiled, the launch sequence”;
“wherein the identifying is based on a capability of the media streaming device”;
passing control of the media streaming device from the dedicated media operating system to the application responsive to determining that the application code has completed compiling;
causing, by the application, execution of a visual effect or a sound effect on the display device during the transition of the display of the splash screen.
Lee[2] teaches the specific feature of:
“substantially in parallel with the application code being compiled, the launch sequence” (parallel compiling of applications during a booting operation) (ABSTRACT, p. 0007).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided paralell compliling as taught by Lee[2] to the system of Lee[1] to provide compiling of 2 or more applications during a boot (p. 0007).
Mo teaches the specific feature of:
“wherein the identifying is based on a capability (i.e. splash screen capability enabled) of the media streaming device” (p. 0012).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided splash screen capabilities as taught by Mo to the system of Lee[1] to provide splash screens if preferred (p. 0012).
Reik teaches the specific feature of:
passing control of the media streaming device from the dedicated media operating system to the application responsive to determining that the application code has completed compiling (i.e. passing control from OS to current display task) (p. 0016-0018).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided control processing as taught by Reik to the system of Lee[1] to allow for better user experience during a start up (p. 0016).
Bae teaches the specific feature of:
causing, by the application, execution of a visual effect or a sound effect (i.e. transition effect) on the display device during the transition of the display of the splash screen (i.e. start command image to second image) (fig. 9; p. 0205-0213).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided transition effects as taught by Bae to the system of Lee[1] provide display changes in images (p. 0208).
Claim 2, Lee[1] teaches the method of claim 1, wherein the media streaming device is a low-power device (i.e. mobile terminal) (p. 0200).
Claim 3, Lee[1] teaches the method of claim 2, wherein the low-power device is a dedicated set-top box device and the display device is a television (p. 0079).
Claim 4, Lee[1] teaches the method of claim 1, wherein a processor module of the media streaming device compiles the application code of the application substantially in parallel with a video decoder (i.e. displaying application content) of the media streaming device executing the launch sequence (i.e. first enter a splash screen when execution an application implies both functions are being executed) (p. 0174).
Claim 5, Lee[1] teaches the method of claim 4, wherein compiling the application code and executing the launch sequence substantially in parallel comprises execution of at least one operation of the compiling the application code overlaps execution of at least one operation of executing the launch sequence (i.e. first enter a splash screen when execution an application implies both functions are being executed. This is also the launch sequence) (p. 0174)
Claim 6, Lee[1] is silent regarding the method of claim 1, wherein the capability of the media streaming device comprises at least one of a processing capability of a processing module of the media streaming device or a graphical memory capability of a video decoder of the media streaming device.
Mo teaches the method of claim 1, wherein the capability of the media streaming device comprises at least one of a processing capability of a processing module of the media streaming device (i.e. splash screen enabled) (p. 0012) or a graphical memory capability of a video decoder of the media streaming device.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided splash screen capabilities as taught by Mo to the system of Lee[1] to provide splash screens if preferred (p. 0012).
Claim 8 is analyzed and interpreted as an apparatus of claim 1.
Claim 9 is analyzed and interpreted as an apparatus of claim 2.
Claim 10 is analyzed and interpreted as an apparatus of claim 3.
Claim 11 is analyzed and interpreted as an apparatus of claim 4.
Claim 12 is analyzed and interpreted as an apparatus of claim 5.
Claim 13 is analyzed and interpreted as an apparatus of claim 6.
Claim 15 recites “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 1.
Lee[1] teaches “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 1 (p. 0228).
Claim 16 recites “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 2.
Lee[1] teaches “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 2 (p. 0228).
Claim 17 recites “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 3.
Lee[1] teaches “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 3 (p. 0228).
Claim 18 recites “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 4.
Lee[1] teaches “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 4 (p. 0228).
Claim 19 recites “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 5.
Lee[1] teaches “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 5 (p. 0228).
Claim 20 recites “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 6.
Lee[1] teaches “A non-transitory computer-readable medium having instructions stored thereon that, when executed by a media streaming device, cause the media streaming device” to perform the steps of claim 6 (p. 0228).
Claim(s) 7, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee[1] et al. (US 2015/0331551) in view of Mo et al. (US 2022/0291934), and further in view of Reik (US 2008/0288763), and further in view of Bae et al. (US 2018/0033360), and further in view of Rao (US 2008/0119132).
Claim 7, Lee[1] teaches the specific feature of:
“receiving user input from a remote control” (p. 0082, 0140).
Lee[1] is silent regarding the method of claim 1, wherein the splash screen is an interactive splash screen, and wherein the method further comprises:
“receiving, by the media streaming device and during the display of the splash screen, user input”; and
executing a modification to the splash screen responsive to receiving the user input, wherein the modification comprises at least one of displaying a visual modification to the splash screen or playing an audio effect while the splash screen is displayed on the display device.
Rao teaches the method of claim 1, wherein the splash screen is an interactive splash screen (fig. 5A), and wherein the method further comprises:
“receiving, by the media streaming device and during the display of the splash screen, user input” (i.e. selecting media list) (fig. 5A; p. 0090); and
executing a modification to the splash screen responsive to receiving the user input, wherein the modification comprises at least one of displaying a visual modification to the splash screen or playing an audio effect while the splash screen is displayed on the display device (i.e. playing a jingle during welcome screen/splash screen) (p. 0090, 0104).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present invention to have provided audio during splash screen as taught by Rao to the system of Lee[1] to provide audio cue to start applications (p. 0104).
Claim 14 is analyzed and interpreted as an apparatus of claim 7.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Claims 1-20 are rejected.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240272943 A1 Tadkase; Ashutosh et al.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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MUSHFIKH I. ALAM
Primary Examiner
Art Unit 2426
/MUSHFIKH I ALAM/Primary Examiner, Art Unit 2426 3/18/2026