DETAILED ACTION
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/25/2024, 5/12/2025, and 7/30/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Status
Claims 1-8 are pending in this Office Action.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-8 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,192,580 in view of Sasaki et al. (US 2014/0079368).
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-8 are an obvious variation of the patented claims.
U.S. Patent No. 12,192,580 teaches:
U.S. Application #18/958,452
U.S. Patent No. 12,192,580
1. A broadcast receiving apparatus, comprising: a broadcast receiver configured to receive broadcasting data of broadcasting program contents and location information from a broadcast transmission path, the location information describing a reference destination for obtaining data related to the broadcasting data; a network transceiver configured to receive data related to the broadcasting program contents from the reference destination described in the location information via a network;
a remote control receiver configured to receive a signal from a remote controller;
a transmitting interface configured to transmit the broadcasting data of the broadcasting program contents received by the broadcast receiver to external equipment; a memory configured to store a server function program of a server function for the external equipment; and a processor configured to control the broadcast receiver, the network transceiver and the transmitting interface and execute a program stored in the memory, wherein the transmitting interface transmits the location information in which a description of the reference destination is rewritten into a description indicating the server function of the server function program in the broadcast receiving apparatus together with the broadcasting data received by the broadcast receiver.
1. A broadcast receiving apparatus, comprising: a broadcast receiver configured to receive broadcasting data of broadcasting program contents and location information from a broadcast transmission path, the location information describing a reference destination for obtaining data related to the broadcasting data; a network transceiver configured to receive data related to the broadcasting program contents from the reference destination described in the location information via a network;
a transmitting interface configured to transmit the broadcasting data of the broadcasting program contents received by the broadcast receiver to external equipment; a memory configured to store a server function program of a server function for the external equipment; and a processor configured to control the broadcast receiver, the network transceiver and the transmitting interface and execute a program stored in the memory, wherein the transmitting interface transmits the location information in which a description of the reference destination is rewritten into a description indicating the server function of the server function program in the broadcast receiving apparatus together with the broadcasting data received by the broadcast receiver.
2. The broadcast receiving apparatus according to claim 1, wherein a format of the rewritten location information is the same as a format of the location information received by the broadcast receiver.
2. The broadcast receiving apparatus according to claim 1, wherein a format of the rewritten location information is the same as a format of the location information received by the broadcast receiver.
3. The broadcast receiving apparatus according to claim 1, wherein the transmitting interface is configured to be connected to the external equipment via a one cable interface, and wherein the transmitting interface is configured to transmit both of the broadcasting data of the broadcasting program contents received by the broadcast receiver and the rewritten location information indicating a reference destination from which the external equipment obtains data related to the broadcasting program contents via a same line of the one cable interface.
3. The broadcast receiving apparatus according to claim 1, wherein the transmitting interface is configured to be connected to the external equipment via a one cable interface, and wherein the transmitting interface is configured to transmit both of the broadcasting data of the broadcasting program contents received by the broadcast receiver and the rewritten location information indicating a reference destination from which the external equipment obtains data related to the broadcasting program contents via a same line of the one cable interface.
4. The broadcast receiving apparatus according to claim 3, wherein the transmitting interface is configured to transmit the data related to the broadcasting program contents received by the broadcast receiver using a different line of the one cable interface from the line by which the broadcasting data of the broadcasting program contents received by the broadcast receiver is transmitted.
4. The broadcast receiving apparatus according to claim 3, wherein the transmitting interface is configured to transmit the data related to the broadcasting program contents received by the broadcast receiver using a different line of the one cable interface from the line by which the broadcasting data of the broadcasting program contents received by the broadcast receiver is transmitted.
5. A broadcast receiving apparatus, comprising: a broadcast receiver configured to receive broadcasting data of broadcasting program contents, location information, and layout control information from a broadcast transmission path, the location information describing a reference destination for obtaining data related to the broadcasting data, the layout control information relating to a display layout of the broadcasting program contents; a network transceiver configured to receive data related to the broadcasting program contents from the reference destination described in the location information via a network;
a remote control receiver configured to receive a signal from a remote controller;
a transmitting interface configured to transmit the broadcasting data of the broadcasting program contents received by the broadcast receiver to external equipment; and a memory configured to store a server function program of a server function for the external equipment; and a processor configured to control the broadcast receiver, the network transceiver and the transmitting interface and execute a program stored in the memory, wherein as an output state of the transmitting interface, there is a state where the location information in which a description of the reference destination is rewritten into a description indicating the server function of the server function program in the broadcast receiving apparatus and the layout control information maintained in the state received by the broadcast receiver are outputted together with the broadcasting data received by the broadcast receiver.
5. A broadcast receiving apparatus, comprising: a broadcast receiver configured to receive broadcasting data of broadcasting program contents, location information, and layout control information from a broadcast transmission path, the location information describing a reference destination for obtaining data related to the broadcasting data, the layout control information relating to a display layout of the broadcasting program contents; a network transceiver configured to receive data related to the broadcasting program contents from the reference destination described in the location information via a network;
a transmitting interface configured to transmit the broadcasting data of the broadcasting program contents received by the broadcast receiver to external equipment; and a memory configured to store a server function program of a server function for the external equipment; and a processor configured to control the broadcast receiver, the network transceiver and the transmitting interface and execute a program stored in the memory, wherein as an output state of the transmitting interface, there is a state where the location information in which a description of the reference destination is rewritten into a description indicating the server function of the server function program in the broadcast receiving apparatus and the layout control information maintained in the state received by the broadcast receiver are outputted together with the broadcasting data received by the broadcast receiver.
6. The broadcast receiving apparatus according to claim 5, wherein a format of the rewritten location information is the same as a format of the location information received by the broadcast receiver.
6. The broadcast receiving apparatus according to claim 5, wherein a format of the rewritten location information is the same as a format of the location information received by the broadcast receiver.
7. The broadcast receiving apparatus according to claim 5, wherein the transmitting interface is configured to be connected to the external equipment via a one cable interface, and wherein the transmitting interface is configured to transmit the broadcasting data of the broadcasting program contents received by the broadcast receiver, the rewritten location information indicating a reference destination from which the external equipment obtains data related to the broadcasting program contents and the layout control information relating to a display layout of the broadcasting program contents via a same line of the one cable interface.
7. The broadcast receiving apparatus according to claim 5, wherein the transmitting interface is configured to be connected to the external equipment via a one cable interface, and wherein the transmitting interface is configured to transmit the broadcasting data of the broadcasting program contents received by the broadcast receiver, the rewritten location information indicating a reference destination from which the external equipment obtains data related to the broadcasting program contents and the layout control information relating to a display layout of the broadcasting program contents via a same line of the one cable interface.
8. The broadcast receiving apparatus according to claim 7, wherein the transmitting interface is configured to transmit the data related to the broadcasting program contents received by the network receiver using a different line of the one cable interface from the line by which the broadcasting data of the broadcasting program contents received by the broadcast receiver is transmitted.
8. The broadcast receiving apparatus according to claim 7, wherein the transmitting interface is configured to transmit the data related to the broadcasting program contents received by the network receiver using a different line of the one cable interface from the line by which the broadcasting data of the broadcasting program contents received by the broadcast receiver is transmitted.
Claims 1-8 of U.S. Patent No. 12,192,580 do not disclose a remote control receiver configured to receive a signal from a remote controller. However, Sasaki teaches a remote controller interface 504 has the function of receiving signals transmitted from the remote controller 410 (par. 101, Fig. 5). One of ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to include a remote control receiver in the broadcast receiving apparatus, so that a user can control the device with a remote control. Therefore, claims 1-8 are an obvious variation of the patented claims 1-8.
Allowable Subject Matter
Claims 1-8 would be allowable if the above double patenting rejections were to be overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the prior art does not teach or suggest in combination with the other recited limitations: the transmitting interface transmits the location information in which a description of the reference destination is rewritten into a description indicating the server function of the server function program in the broadcast receiving apparatus together with the broadcasting data received by the broadcast receiver.
Regarding claim 5, the prior art does not teach or suggest in combination with the other recited limitations: as an output state of the transmitting interface, there is a state where the location information in which a description of the reference destination is rewritten into a description indicating the server function of the server function program in the broadcast receiving apparatus and the layout control information maintained in the state received by the broadcast receiver are outputted together with the broadcasting data received by the broadcast receiver.
Conclusion
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/ALEXANDER BOYD/Examiner, Art Unit 2424