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 .
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,129,610. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application removes the limitations regarding timestamps.
Application No. 19/010,708 Claim 1
U.S. Patent No. 10,129,610 Claim 1
A non-transitory computer-readable storage medium, having stored thereon machine- readable instructions that, when executed by a processor of an audience measurement computing system, cause performance of a set of operations comprising:
An apparatus to monitor media, the apparatus comprising:
obtaining, via a network interface and from a server, a streaming media feed comprising streaming media;
a network interface to obtain media monitoring information associated with media from a content publisher, the media monitoring information indicating that a media device accessed the media; a media identifier to:
based on the streaming media feed, determining one or more first identifiers associated with the streaming media and one or more second identifiers associated with the streaming media, different from the one or more first identifiers;
determine a first media identifier and a first timestamp based on the obtained media monitoring information… the second media identifier and the second timestamp based on an audience measurement entity (AME) media analyzer obtaining the media before the media device accessed the media
generating a lookup table entry that maps the one or more first identifiers to the one or more second identifiers;
map the first media identifier and the first timestamp to a second media identifier and a second timestamp in a look-up table
obtaining, via the network interface, media monitoring information generated based on a media device accessing the streaming media; and
a network interface to obtain media monitoring information associated with media from a content publisher, the media monitoring information indicating that a media device accessed the media;
based on the media monitoring information and the lookup table entry, crediting the media device with exposure to the streaming media.
credit the presentation of the media to the media device based on the mapping
Claims 2-20 are similarly unpatentable over claims 2-20 of U.S. Patent No. 10,129,610.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-22 of U.S. Patent No. 10,771,864. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application removes the limitations regarding timestamps.
Application No. 19/010,708 Claim 1
U.S. Patent No. 10,771,864 Claim 1
A non-transitory computer-readable storage medium, having stored thereon machine- readable instructions that, when executed by a processor of an audience measurement computing system, cause performance of a set of operations comprising:
An apparatus to monitor media, the apparatus comprising:
obtaining, via a network interface and from a server, a streaming media feed comprising streaming media;
the media monitoring information obtained from the content publisher in response to an access of media by a media device
based on the streaming media feed, determining one or more first identifiers associated with the streaming media and one or more second identifiers associated with the streaming media, different from the one or more first identifiers;
the first media identifier and the first timestamp from the content publisher… the second media identifier and the second timestamp generated by an AME media analyzer before the media device accessed the media
generating a lookup table entry that maps the one or more first identifiers to the one or more second identifiers;
map the first media identifier and the first timestamp to a second media identifier and a second timestamp in a look-up table
obtaining, via the network interface, media monitoring information generated based on a media device accessing the streaming media; and
the media monitoring information obtained from the content publisher in response to an access of media by a media device
based on the media monitoring information and the lookup table entry, crediting the media device with exposure to the streaming media.
credit access of the media to the media device based on the mapping
Claims 2-20 are similarly unpatentable over claims 2-22 of U.S. Patent No. 10,771,864.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 11,477,543. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application removes the limitations regarding timestamps.
Application No. 19/010,708 Claim 1
U.S. Patent No. 11,477,543 Claim 1
A non-transitory computer-readable storage medium, having stored thereon machine- readable instructions that, when executed by a processor of an audience measurement computing system, cause performance of a set of operations comprising:
An apparatus to monitor media, the apparatus comprising:
obtaining, via a network interface and from a server, a streaming media feed comprising streaming media;
the first media identifier and the first timestamp based on media obtained from a server
based on the streaming media feed, determining one or more first identifiers associated with the streaming media and one or more second identifiers associated with the streaming media, different from the one or more first identifiers;
the first media identifier and the first timestamp based on media obtained from a server, the first media identifier to identify the media, the second media identifier from the server, the second media identifier to identify the media
generating a lookup table entry that maps the one or more first identifiers to the one or more second identifiers;
first means for performing a first mapping of a first media identifier and a first timestamp to a second media identifier in a look-up table
obtaining, via the network interface, media monitoring information generated based on a media device accessing the streaming media; and
the media monitoring information obtained from the server in response to an access of the media by a media device
based on the media monitoring information and the lookup table entry, crediting the media device with exposure to the streaming media.
means for crediting access of the media to the media device based on the second mapping.
Claims 2-20 are similarly unpatentable over claims 2-21 of U.S. Patent No. 11,477,543.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 11,917,270. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application removes the limitations regarding timestamps.
Application No. 19/010,708 Claim 1
U.S. Patent No. 11,917,270 Claim 1
A non-transitory computer-readable storage medium, having stored thereon machine- readable instructions that, when executed by a processor of an audience measurement computing system, cause performance of a set of operations comprising:
An apparatus to monitor media, the apparatus comprising:
obtaining, via a network interface and from a server, a streaming media feed comprising streaming media;
the first media identifier and the first timestamp based on media obtained from a server
based on the streaming media feed, determining one or more first identifiers associated with the streaming media and one or more second identifiers associated with the streaming media, different from the one or more first identifiers;
generate a first database based on storage of a first data association of a first media identifier and a first timestamp to a second media identifier in the first database, the first media identifier and the first timestamp based on media obtained from a server, the first media identifier and the second media identifier to identify the media, the second media identifier from the server;
generating a lookup table entry that maps the one or more first identifiers to the one or more second identifiers;
mapping of the third media identifier and the second timestamp from the second database to the first media identifier and the first timestamp in the first database
obtaining, via the network interface, media monitoring information generated based on a media device accessing the streaming media; and
the third media identifier and the second timestamp based on media monitoring information obtained from the server, the media monitoring information obtained from the server after an access of the media by a media device
based on the media monitoring information and the lookup table entry, crediting the media device with exposure to the streaming media.
credit access of the media to the media device based on a mapping of the third media identifier and the second timestamp from the second database to the first media identifier and the first timestamp in the first database
Claims 2-20 are similarly unpatentable over claims 2-21 of U.S. Patent No. 11,917,270.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,231,742. Although the claims at issue are not identical, they are not patentably distinct from each other because the outstanding application removes the limitations regarding timestamps.
Application No. 19/010,708 Claim 1
U.S. Patent No. 12,231,742 Claim 1
A non-transitory computer-readable storage medium, having stored thereon machine- readable instructions that, when executed by a processor of an audience measurement computing system, cause performance of a set of operations comprising:
A non-transitory computer-readable storage medium, having stored thereon machine-readable instructions that, when executed by a processor of a first server, cause performance of operations comprising:
obtaining, via a network interface and from a server, a streaming media feed comprising streaming media;
obtaining, via a network interface and from a second server, a streaming media feed comprising streaming media
based on the streaming media feed, determining one or more first identifiers associated with the streaming media and one or more second identifiers associated with the streaming media, different from the one or more first identifiers;
based on the streaming media feed, determining (i) a first media identifier of the streaming media, (ii) a second media identifier of the streaming media, different from the first media identifier
generating a lookup table entry that maps the one or more first identifiers to the one or more second identifiers;
enerating a lookup table entry that maps the first media identifier and the first timestamp to the second media identifier
obtaining, via the network interface, media monitoring information generated based on a media device accessing the streaming media; and
obtaining, via the network interface, media monitoring information generated based on a media device accessing the streaming media
based on the media monitoring information and the lookup table entry, crediting the media device with exposure to the streaming media.
based on the media monitoring information and the lookup table entry, crediting the media device with exposure to the streaming media.
Claims 2-20 are similarly unpatentable over claims 2-20 of U.S. Patent No. 12,231,742.
Allowable Subject Matter
Claims 1-20 are allowable over the prior art. The claimed invention is directed towards means for associating first and second sets of media identifiers in a look up table to enable third party monitoring of viewership using the commonly adopted second set of identifiers rather than the proprietary first set, as similarly claimed in the parent U.S. Patent’s cited above. The prior art teaches similar systems wherein a third party may monitor viewership of programming by cross referencing existing data, see U.S. Patent No. 10,028,004 to Anderson who teaches associating programming with channel and times watched, or USPGPUB 2003/0145338 to Harrington who teaches tracking media using identifiers associated in a look up table. The prior art does not appear to teach or reasonably suggest at the time of effective filing applicant's claimed invention of associating an existing programming identifier with another identifier in a look up table for monitoring viewership data in the manner described by applicant.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner can normally be reached 9:00 am - 5:00 pm EST.
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/DOMINIC D SALTARELLI/Primary Examiner, Art Unit 2421
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