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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/22/2026 has been entered.
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 a first portion and a second portion configured to be executed substantially in parallel, wherein:
executing the first portion comprises: compiling application code of the application; and
substantially in parallel with the application code being compiled executing the second portion 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 while the first portion is being executed; and
passing control of the media streaming device from the dedicated media operating system to the application responsive to determining that the first portion of the launch sequence 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 a first portion and a second portion configured to be executed substantially in parallel, wherein:
executing the first portion comprises causing the application launcher module to compile application code of the application;
substantially in parallel with and while the application code being compiled, executing the second portion comprises causing: the lightweight component to perform additional processing;
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 while the first portion is being executed; and
passing control of the media streaming device from the dedicated media operating system to the application responsive to determining that the first portion of the launch sequence 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 a first portion and a second portion configured to be executed substantially in parallel, wherein:
executing a first portion comprises compiling application code of the application; and
substantially in parallel with the application code being compiled, executing the second portion 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 while the first portion is being executed; and
passing control of the media streaming device from the dedicated media operating system to the application responsive to determining that the first portion of the launch sequence 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.
.
Response to Arguments
Applicant's arguments filed 6/22/2026 have been fully considered but they are not persuasive.
Claims 1-20, Applicant argues that Claims 1-20 are rejected on the grounds of non-statutory obviousness type double patenting as allegedly being unpatentable over claims 1-20 of U.S. Patent No. 12,177,519. Applicant traverses. Claims 1-20 are patentably distinct from claims 1-20 of the '519 patent based on the newly added limitations, including "the launch sequence comprises a first portion and a second portion configured to be executed substantially in parallel, wherein: executing the first portion comprises compiling application code of the application; and substantially in parallel with and while the application code is being compiled, executing the second portion."
The Examiner respectfully disagrees. The present claims and the Patent 12177519 do not contain patently distinct features.
Present application:
“The launch sequence comprises a first portion and a second portion configured to be executed substantially in parallel”
Patent:
“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”.
Present application:
“wherein: executing the first portion comprises compiling application code of the application; and
substantially in parallel with and while the application code is being compiled, executing the second portion”
Patent:
“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.
The present claims refers to a first portion pending execution and displaying a second portion while the first portion is pending execution. The Patent discloses these features with he first portion being a load applet and the second portion being a splash screen. These features as recited in the present application do not contain any distinguishing or new features from the Patent.
Conclusion
Claims 1-20 are rejected.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 8352988 B2 Cleary; Geoffrey Alan et al. – splash screen start and stops
US 20050220439 A1 Carton, Owen A. et al. – splash screen hidden execution
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MUSHFIKH I. ALAM
Primary Examiner
Art Unit 2426
/MUSHFIKH I ALAM/Primary Examiner, Art Unit 2426 7/1/2026
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