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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. U.S. Patent No. 12,192,548. Although the claims at issue are not identical, they are not patentably distinct from each other because the features of the present claim are anticipated by the features in the parent patent claim.
Present Claim
1. A reception method in a broadcast and broadband cooperation service, the reception method comprising:
receiving broadcast content transmitted through the broadcast;
receiving broadband content transmitted through the broadband;
receiving acquisition information and information indicating an attribute of the broadband content, the acquisition information and the information indicating the attribute of the broadband content being transmitted through the broadcast, the acquisition information being information on acquisition of the broadband content, and the acquisition information being information used to play back the broadband content in cooperation with the broadcast content; and
acquiring the broadband content based on the acquisition information and the information indicating the attribute of the broadband content, wherein the reception method further comprises:
receiving, through the broadcast, information indicating whether there is broadband content that cooperates with the broadcast content, receiving, through the broadcast, at least one item of information among the following:
information indicating an expiration date of the broadband content; information indicating a viewing limit of the broadband content; information indicating a resolution of the broadband content; information indicating a transmission rate of the broadband content; and information indicating whether the broadband content at a given time can be pre-acquired; and
obtaining the broadband content based on the acquisition information, the information indicating the attribute of the broadband content, and the at least one item of information.
U.S. Patent No. 12,192,548
1. A reception method in a broadcast and broadband cooperation service, the reception method comprising:
receiving broadcast content transmitted through the broadcast;
receiving broadband content transmitted through the broadband;
receiving acquisition information and information indicating an attribute of the broadband content, the acquisition information and the information indicating the attribute of the broadband content being transmitted through the broadcast, the acquisition information being information on acquisition of the broadband content, and the acquisition information being information used to play back the broadband content in cooperation with the broadcast content; and
acquiring the broadband content based on the acquisition information and the information indicating the attribute of the broadband content, wherein the reception method further comprises:
receiving, through the broadcast, information indicating whether there is broadband content that cooperates with the broadcast content; receiving, through the broadcast, first information including at least one item of information among the following information:
information related to whether the broadband content is active or not, a viewing limit of the broadband content, and an indication of whether the broadband content at a given time is capable of being pre-acquired; and
obtaining the broadband content based on the acquisition information, the information indicating an attribute of the broadband content and the first information.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blackketter et al. (US 6,415,438 B1).
Regarding claim 1, Blackketter discloses a reception method in a broadcast and broadband cooperation service, the reception method comprising:
receiving broadcast content transmitted through the broadcast (See Fig 1, Col 1 line 1-30 broadcast content);
receiving broadband content transmitted through the broadband (See Col 1 line 15-30 interactive television content retrieved from Internet; See Col 4 line 50-60 receiver unit includes a cable modem, i.e., broadband);
receiving acquisition information and information indicating an attribute of the broadband content, the acquisition information and the information indicating the attribute of the broadband content being transmitted through the broadcast (See Col 4 line 30-60 receiving a trigger with a time attribute value indicative of a future time), the acquisition information being information on acquisition of the broadband content (See Col 4 line 60- Col 5 line 5 the trigger for the interactive content includes a uniform resource identifier, i.e., an address to acquire the interactive broadband information), and the acquisition information being information used to play back the broadband content in cooperation with the broadcast content (See Col 5 line 40-Col 6 line 40 the trigger indicates at time when the trigger is to be executed or is triggered based on a frame of video content, see also Col 9 line 30-40. See Col 1 interactive content from a URI is displayed in synchronized fashion with television video); and
acquiring the broadband content based on the acquisition information and the information indicating the attribute of the broadband content (See Col 1 line 15-30 the receiver using the URI to retrieve the information resource from the internet), wherein the reception method further comprises receiving, through the broadcast, information indicating whether there is broadband content that cooperates with the broadcast content (Col 1 line 15-30 receiving a trigger with the television video reads on information indicating that there is broadband content that cooperates, i.e., synchronized display),
receiving, through the broadcast, at least one item of information among the following:
information indicating an expiration date of the broadband content (See Col 10 line 20-35 triggers include life span attributes); information indicating a viewing limit of the broadband content; information indicating a resolution of the broadband content; information indicating a transmission rate of the broadband content; and information indicating whether the broadband content at a given time can be pre-acquired; and
obtaining the broadband content based on the acquisition information, the information indicating the attribute of the broadband content, and the at least one item of information (See Col 10 line 20-35 if a television program is tape delayed or rebroadcast a life span attribute indicates whether a receiver should ignore the trigger or retrieve the information.).
Conclusion
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FERNANDO . ALCON
Examiner
Art Unit 2425
/FERNANDO ALCON/Primary Examiner, Art Unit 2425