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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Claims 1, 10, and 16 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,184,938. Although the claims at issue are not identical, they are not patentably distinct from each other because features of the parent patent claims anticipate the features of the present claims. Claim 7 includes the features of independent claim 1.
Present Claims
1. A method comprising: ranking, by a computing device and based on content preference information, entries, from a plurality of manifest files, associated with upcoming content segments in a plurality of content items; and based on the ranked entries, switching output to a first content segment among the upcoming content segments.
10. A method comprising: causing, by a computing device, output of an option to select at least one of a plurality of content items based on a ranking of entries, from a plurality of manifest files, associated with upcoming content segments in the plurality of content items; and based on a user input selection, causing output of a content segment of the at least one of the plurality of content items.
16. An apparatus comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the apparatus to: rank, based on content preference information, entries, from a plurality of manifest files, associated with upcoming content segments in a plurality of content items; and based on the ranked entries, switch output to a first content segment among the upcoming content segments.
U.S. Patent No. 12,184,938
1. An apparatus comprising:
one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the apparatus to: based on an indication of a first event in a first entry in a first manifest file associated with a first content item, switch output from the first content item to a second content item; and after switching output to the second content item: monitor a plurality of manifest files associated with a plurality of content items; and based on an indication of a second event in a second entry in a manifest file of the plurality of manifest files, switch output to a content item associated with the manifest file.
7. The apparatus of claim 1, wherein the instructions, when executed by the one or more processors, further cause the apparatus to:
determine, from the plurality of manifest files, a plurality of entries associated with upcoming content segments in the plurality of content items; and rank, based on user preferences, the plurality of entries; and wherein the instructions, when executed by the one or more processors, further cause the apparatus to switch output to the content item by: causing output of the content item based on the ranked plurality of entries.
Claims 1, 10, and 16 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 11,711,587. Although the claims at issue are not identical, they are not patentably distinct from each other because features of the parent patent claims anticipate the features of the present claims. Claim 4 includes the features of independent claim 1.
Present Claims
1. A method comprising: ranking, by a computing device and based on content preference information, entries, from a plurality of manifest files, associated with upcoming content segments in a plurality of content items; and based on the ranked entries, switching output to a first content segment associated with a first content item of the plurality of content items.
10. A method comprising: causing, by a computing device, output of an option to select at least one of a plurality of content items based on a ranking of entries, from a plurality of manifest files, associated with upcoming content segments in the plurality of content items; and based on a user input selection, causing output of a content segment of the at least one of the plurality of content items.
16. An apparatus comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the apparatus to: rank, based on content preference information, entries, from a plurality of manifest files, associated with upcoming content segments in a plurality of content items; and based on the ranked entries, switch output to a first content segment associated with a first content item of the plurality of content items.
U.S. Patent No. 11,711,587
1. An apparatus comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the apparatus to: receive a first manifest file, of a plurality of manifest files, associated with a first content item of a plurality of content items; based on determining that a manifest file tag for an upcoming first entry in the first manifest file indicates an insertion opportunity, switch output from the first content item to a second content item; and after switching output to the second content item: monitor the first manifest file and a second manifest file associated with the second content item; and switch output back to the first content item based on determining that the first manifest file includes a second entry indicating an end of the insertion opportunity.
4. The apparatus of claim 1, wherein the instructions, when executed by the one or more processors, further cause the apparatus to: determine, from the plurality of manifest files, entries associated with upcoming content segments in the plurality of content items; and rank the entries based on manifest file tags corresponding to the entries; and wherein the instructions, when executed by the one or more processors, further cause the apparatus to switch output to the second content item by: causing output of the second content item based on the ranked entries.
Claims 1, 10, and 16 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 11,277,665. Although the claims at issue are not identical, they are not patentably distinct from each other because features of the parent patent claims anticipate the features of the present claims. Claim 7 includes the features of independent claim 1.
Present Claims
1. A method comprising: ranking, by a computing device and based on content preference information, entries, from a plurality of manifest files, associated with upcoming content segments in a plurality of content items; and based on the ranked entries, switching output to a first content segment associated with a first content item of the plurality of content items.
10. A method comprising: causing, by a computing device, output of an option to select at least one of a plurality of content items based on a ranking of entries, from a plurality of manifest files, associated with upcoming content segments in the plurality of content items; and based on a user input selection, causing output of a content segment of the at least one of the plurality of content items.
16. An apparatus comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the apparatus to: rank, based on content preference information, entries, from a plurality of manifest files, associated with upcoming content segments in a plurality of content items; and based on the ranked entries, switch output to a first content segment associated with a first content item of the plurality of content items.
U.S. Patent No. 11,277,665
1. A method comprising: receiving, by a computing device, first manifest file information associated with a first content item; based on determining that a manifest file tag for an upcoming first entry in the first manifest file information indicates an insertion opportunity, switching output from the first content item to a second content item; and after switching output to the second content item: monitoring the first manifest file information and second manifest file information associated with the second content item; and switching output back to the first content item based on determining that the first manifest file information includes a second entry indicating an end of the insertion opportunity.
7. A method comprising: receiving, by a user device, a plurality of manifest files associated with a plurality of content items; determining, from the plurality of manifest files, entries associated with upcoming content segments in the plurality of content items; ranking, based on content preference information, the entries; and based on the ranking the entries, causing the user device to switch output to a first content segment of the upcoming content segments.
Allowable Subject Matter
Claims 1, 10, and 16 are rejected above with respect to double patenting but would be allowable with a terminal disclaimer as indicated above.
Claims 2-9, 11-15, and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As set forth by the application record, the prior art fails to disclose or fairly suggest, alone or in combination, all of the features of independent claims 1, 10, and 16.
Conclusion
THIS ACTION IS MADE FINAL. 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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FERNANDO . ALCON
Examiner
Art Unit 2425
/FERNANDO ALCON/Primary Examiner, Art Unit 2425
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