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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
This application discloses and claims only subject matter disclosed in prior Application No. 16/645,598, filed 03/09/2020, No. 17/454,169, filed 11/09/2021, and No. 18/480,918, filed 10/04/2023 and names the inventor or at least one joint inventor named in the prior application. Accordingly, this application may constitute a continuation or divisional. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Information Disclosure Statement
The information disclosure statement filed 01/14/2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
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.
Examiner notes U.S. Patent No. 12,231,703 is subject to a Terminal Disclaimer with respect to prior Patent 11,825,139.
Claims 1-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 and 11-18 of U.S. Patent No. 12,231,703 B2.
Instant Application 19/020,338
Claim 2
US Patent 12,231,703 B2
Claim 1
A method performed by a digital receiver, the method comprising:
A method performed by a digital receiver, the method comprising:
receiving a selection of a new piece of content for playback during playback of a first piece of content;
receiving a selection of a new piece of content for playback during playback of a first piece of content;
in response to the receiving of the selection, transitioning to the new piece of content;
in response to the receiving of the selection, transitioning to the new piece of content;
determining whether the new piece of content is of a same content type as the first piece of content;
determining whether the new piece of content is of a same content type as the first piece of content; and
based on the new piece of content being the same content type as the first piece of content, determining whether to preserve an audio decoder of a playback pipeline used to play back the first piece of content, the playback pipeline comprising a source element to manage the downloading of content data for the new piece of content, a demultiplexer, an audio decoder, and a video decoder; and
based on the new piece of content being the same content type as the first piece of content, determining whether to preserve at least a portion of a playback pipeline used to play back the first piece of content, the playback pipeline comprising a source element to manage the downloading of content data for the new piece of content, a demultiplexer, an audio decoder, and a video decoder,
utilizing the audio decoder to decode the new piece of content which is the same content type as the first piece of content.
the preserving of at least the portion of the playback pipeline comprising preserving one or more of the source element, the demultiplexer, the audio decoder, or the video decoder used to obtain the first piece of content for the new piece of content.
Although the claims at issue are not identical, they are not patentably distinct from each other because the audio decoder of the instant claim can be considered a portion of a playback pipeline of the patented claim and utilizing the audio decoder to decoder the new piece of data of the instant claim can be considered preserving a portion of the playback pipeline of the patented claim.
Instant Application 19/020,338
Claim 3
US Patent 12,231,703 B2
Claim 2
wherein the determining whether to preserve comprises: detecting codec information for the new piece of content, the codec information indicating types of decoders needed for the new piece of content; and
determining whether the audio decoder in the playback pipeline is of the type indicated by the codec information.
wherein the determining whether to preserve comprises: detecting codec information for the new piece of content, the codec information indicating types of decoders needed for the new piece of content; and
determining whether the audio decoder and the video decoder in the playback pipeline are of the types indicated by the codec information.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
Instant Application 19/020,338
Claim 4
US Patent 12,231,703 B2
Claim 3
preserving an entirety of the playback pipeline in response to the audio decoder in the playback pipeline being the type indicated by the codec information.
preserving an entirety of the playback pipeline in response to the audio decoder and the video decoder in the playback pipeline being the types indicated by the codec information.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
Instant Application 19/020,338
Claim 5
US Patent 12,231,703 B2
Claim 4
releasing the audio decoder in the playback pipeline in response to the audio decoder in the playback pipeline being different than the type indicated by the codec information; and obtaining a new audio decoder based on the codec information.
releasing the audio decoder and the video decoder in the playback pipeline in response to the audio decoder and the video decoder in the playback pipeline being different than the types indicated by the codec information; and obtaining a new audio decoder and a new video decoder based on the codec information.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
Instant Application 19/020,338
Claim 6
US Patent 12,231,703 B2
Claim 5
the detecting the codec information for the new piece of content comprises examining prefetched metadata for the new piece of content.
the detecting the codec information for the new piece of content comprises examining prefetched metadata for the new piece of content.
Instant Application 19/020,338
Claim 7
US Patent 12,231,703 B2
Claim 6
utilizing the audio decoder to decode the new piece of content comprises initiating playback of the new piece of content using a bitrate used for playback of the first piece of content to maintain the bitrate for playback of the new piece of content.
the transitioning to the new piece of content comprises initiating playback of the new piece of content using a bitrate used for playback of the first piece of content to maintain the bitrate for playback of the new piece of content.
Although the claims at issue are not identical, they are not patentably distinct from each other because utilizing the audio decoder to decoder the new piece of data of the instant claim can be considered transitioning to the new piece of content of the playback pipeline of the patented claim.
Instant Application 19/020,338
Claim 8
US Patent 12,231,703 B2
Claim 7
during playback of the new piece of content using the bitrate, detecting whether the new piece of content can maintain playback at the bitrate; and in response to detecting that the new piece of content cannot continue playback at the bitrate, lowering the bitrate.
during playback of the new piece of content using the bitrate, detecting whether the new piece of content can maintain playback at the bitrate; and in response to detecting that the new piece of content cannot continue playback at the bitrate, lowering the bitrate.
Instant Application 19/020,338
Claim 9
US Patent 12,231,703 B2
Claim 8
based on the first piece of content and the new piece of content not being the same content type, deconstructing the playback pipeline by releasing the source element, the demultiplexer, the audio decoder, and the video decoder; and creating a new playback pipeline by acquiring other resources that are applicable to a content type of the new piece of content.
based on the first piece of content and the new piece of content not being the same content type, deconstructing the playback pipeline by releasing the source element, the demultiplexer, the audio decoder, and the video decoder; and creating a new playback pipeline by acquiring other resources that are applicable to a content type of the new piece of content.
Instant Application 19/020,338
Claim 10
US Patent 12,231,703 B2
Claim 11
A system comprising: one or more hardware processors; and a storage device storing instructions that configure the one or more hardware processors to perform operations comprising:
A system comprising: one or more hardware processors; and a storage device storing instructions that configure the one or more hardware processors to perform operations comprising:
receiving a selection of a new piece of content for playback during playback of a first piece of content;
receiving a selection of a new piece of content for playback during playback of a first piece of content;
in response to the receiving of the selection, transitioning to the new piece of content;
in response to the receiving of the selection, transitioning to the new piece of content;
determining whether the new piece of content is of a same content type as the first piece of content;
determining whether the new piece of content is of a same content type as the first piece of content; and
based on the new piece of content being the same content type as the first piece of content, determining whether to preserve an audio decoder of a playback pipeline used to play back the first piece of content, the playback pipeline comprising a source element to manage the downloading of content data for the new piece of content, a demultiplexer, an audio decoder, and a video decoder;
based on the new piece of content being the same content type as the first piece of content, determining whether to preserve at least a portion of a playback pipeline used to play back the first piece of content, the playback pipeline comprising a source element to manage the downloading of content data for the new piece of content, a demultiplexer, an audio decoder, and a video decoder,
and utilizing the audio decoder to decode the new piece of content which is the same content type as the first piece of content.
the preserving of at least the portion of the playback pipeline comprising preserving one or more of the source element, the demultiplexer, the audio decoder, or the video decoder used to obtain the first piece of content for the new piece of content.
Although the claims at issue are not identical, they are not patentably distinct from each other because the audio decoder of the instant claim can be considered a portion of a playback pipeline of the patented claim and utilizing the audio decoder to decoder the new piece of data of the instant claim can be considered preserving a portion of the playback pipeline of the patented claim.
Instant Application 19/020,338
Claim 11
US Patent 12,231,703 B2
Claim 12
wherein the determining whether to preserve comprises: detecting codec information for the new piece of content, the codec information indicating types of decoders needed for the new piece of content; and determining whether the audio decoder in the playback pipeline is of the type indicated by the codec information.
wherein the determining whether to preserve comprises: detecting codec information for the new piece of content, the codec information indicating types of decoders needed for the new piece of content; and determining whether the audio decoder and the video decoder in the playback pipeline are of the types indicated by the codec information.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
Instant Application 19/020,338
Claim 12
US Patent 12,231,703 B2
Claim 13
preserving an entirety of the playback pipeline in response to the audio decoder in the playback pipeline being the type indicated by the codec information.
preserving an entirety of the playback pipeline in response to the audio decoder and the video decoder in the playback pipeline being the types indicated by the codec information.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
Instant Application 19/020,338
Claim 13
US Patent 12,231,703 B2
Claim 14
releasing the audio decoder in the playback pipeline in response to the audio decoder in the playback pipeline being different than the type indicated by the codec information; and obtaining a new audio decoder based on the codec information.
releasing the audio decoder and the video decoder in the playback pipeline in response to the audio decoder and the video decoder in the playback pipeline being different than the types indicated by the codec information; and obtaining a new audio decoder and a new video decoder based on the codec information.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
Instant Application 19/020,338
Claim 14
US Patent 12,231,703 B2
Claim 15
the detecting the codec information for the new piece of content comprises examining prefetched metadata for the new piece of content.
the detecting the codec information for the new piece of content comprises examining prefetched metadata for the new piece of content.
Instant Application 19/020,338
Claim 15
US Patent 12,231,703 B2
Claim 16
utilizing the audio decoder to decode the new piece of content comprises initiating playback of the new piece of content using a bitrate used for playback of the first piece of content to maintain the bitrate for playback of the new piece of content.
the transitioning to the new piece of content comprises initiating playback of the new piece of content using a bitrate used for playback of the first piece of content to maintain the bitrate for playback of the new piece of content.
Although the claims at issue are not identical, they are not patentably distinct from each other because utilizing the audio decoder to decoder the new piece of data of the instant claim can be considered transitioning to the new piece of content of the playback pipeline of the patented claim.
Instant Application 19/020,338
Claim 16
US Patent 12,231,703 B2
Claim 17
during playback of the new piece of content using the bitrate, detecting whether the new piece of content can maintain playback at the bitrate; and in response to detecting that the new piece of content cannot continue playback at the bitrate, lowering the bitrate.
during playback of the new piece of content using the bitrate, detecting whether the new piece of content can maintain playback at the bitrate; and in response to detecting that the new piece of content cannot continue playback at the bitrate, lowering the bitrate.
Instant Application 19/020,338
Claim 17
US Patent 12,231,703 B2
Claim 18
based on the first piece of content and the new piece of content not being the same content type, deconstructing the playback pipeline by releasing the source element, the demultiplexer, the audio decoder, and the video decoder; and creating a new playback pipeline by acquiring other resources that are applicable to a content type of the new piece of content.
based on the first piece of content and the new piece of content not being the same content type, deconstructing the playback pipeline by releasing the source element, the demultiplexer, the audio decoder, and the video decoder; and creating a new playback pipeline by acquiring other resources that are applicable to a content type of the new piece of content.
Instant Application 19/020,338
Claim 18
US Patent 12,231,703 B2
Claim 1
A method performed by a digital receiver, the method comprising:
A method performed by a digital receiver, the method comprising:
receiving a selection of a new piece of content for playback during playback of a first piece of content;
receiving a selection of a new piece of content for playback during playback of a first piece of content;
in response to the receiving of the selection, transitioning to the new piece of content;
in response to the receiving of the selection, transitioning to the new piece of content;
determining whether the new piece of content is of a same content type as the first piece of content;
determining whether the new piece of content is of a same content type as the first piece of content; and
based on the new piece of content being the same content type as the first piece of content, determining whether to preserve a video decoder of a playback pipeline used to play back the first piece of content, the playback pipeline comprising a source element to manage the downloading of content data for the new piece of content, a demultiplexer, an audio decoder, and a video decoder; and
based on the new piece of content being the same content type as the first piece of content, determining whether to preserve at least a portion of a playback pipeline used to play back the first piece of content, the playback pipeline comprising a source element to manage the downloading of content data for the new piece of content, a demultiplexer, an audio decoder, and a video decoder,
utilizing the video decoder to decode the new piece of content which is the same content type as the first piece of content.
the preserving of at least the portion of the playback pipeline comprising preserving one or more of the source element, the demultiplexer, the audio decoder, or the video decoder used to obtain the first piece of content for the new piece of content.
Although the claims at issue are not identical, they are not patentably distinct from each other because the video decoder of the instant claim can be considered a portion of a playback pipeline of the patented claim and utilizing the video decoder to decoder the new piece of data of the instant claim can be considered preserving a portion of the playback pipeline of the patented claim.
Instant Application 19/020,338
Claim 19
US Patent 12,231,703 B2
Claim 2
wherein the determining whether to preserve comprises: detecting codec information for the new piece of content, the codec information indicating types of decoders needed for the new piece of content; and determining whether the video decoder in the playback pipeline is of the type indicated by the codec information.
wherein the determining whether to preserve comprises: detecting codec information for the new piece of content, the codec information indicating types of decoders needed for the new piece of content; and determining whether the audio decoder and the video decoder in the playback pipeline are of the types indicated by the codec information.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
Instant Application 19/020,338
Claim 20
US Patent 12,231,703 B2
Claim 11
A system comprising: one or more hardware processors; and a storage device storing instructions that configure the one or more hardware processors to perform operations comprising:
A system comprising: one or more hardware processors; and a storage device storing instructions that configure the one or more hardware processors to perform operations comprising:
receiving a selection of a new piece of content for playback during playback of a first piece of content;
receiving a selection of a new piece of content for playback during playback of a first piece of content;
in response to the receiving of the selection, transitioning to the new piece of content;
in response to the receiving of the selection, transitioning to the new piece of content;
determining whether the new piece of content is of a same content type as the first piece of content;
determining whether the new piece of content is of a same content type as the first piece of content; and
based on the new piece of content being the same content type as the first piece of content, determining whether to preserve a video decoder of a playback pipeline used to play back the first piece of content, the playback pipeline comprising a source element to manage the downloading of content data for the new piece of content, a demultiplexer, an audio decoder, and a video decoder;
based on the new piece of content being the same content type as the first piece of content, determining whether to preserve at least a portion of a playback pipeline used to play back the first piece of content, the playback pipeline comprising a source element to manage the downloading of content data for the new piece of content, a demultiplexer, an audio decoder, and a video decoder,
and utilizing the video decoder to decode the new piece of content which is the same content type as the first piece of content.
the preserving of at least the portion of the playback pipeline comprising preserving one or more of the source element, the demultiplexer, the audio decoder, or the video decoder used to obtain the first piece of content for the new piece of content.
Although the claims at issue are not identical, they are not patentably distinct from each other because the video decoder of the instant claim can be considered a portion of a playback pipeline of the patented claim and utilizing the video decoder to decoder the new piece of data of the instant claim can be considered preserving a portion of the playback pipeline of the patented claim.
Instant Application 19/020,338
Claim 21
US Patent 12,231,703 B2
Claim 12
wherein the determining whether to preserve comprises: detecting codec information for the new piece of content, the codec information indicating types of decoders needed for the new piece of content; and determining whether the video decoder in the playback pipeline is of the type indicated by the codec information.
wherein the determining whether to preserve comprises: detecting codec information for the new piece of content, the codec information indicating types of decoders needed for the new piece of content; and determining whether the audio decoder and the video decoder in the playback pipeline are of the types indicated by the codec information.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader in scope and therefore the entire scope of the reference claim falls within the scope of the examined claim.
Allowable Subject Matter
Claims 1-21 would be allowable if rewritten or amended to overcome the double patenting rejection, set forth in this Office action, or filing a Terminal Disclaimer as described in the Double Patenting section above.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Li et al. US 2015/0023404 A1 discloses optimizing quality in adaptive streaming that allows segments of media to be played back while an original content stream is reconstructed in a seamless fashion
Phillips et al. US 2017/0230708 A1 discloses effectuating fast channel change in an adaptive streaming environment that allows using pre-fetched initialization information to be used to fetch encoded media content pertaining to a new streaming channel when the current streaming channel is changed
Quere et al. US 2018/0199097 A1 discloses accelerating channel changes in a video decoding device
Arunkumar et al. US 2017/0295095 A1 discloses acquiring new information for identifying and decoding audio/video information when new content or a new piece of content is requested
Conclusion
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STEFAN GADOMSKI
Primary Examiner
Art Unit 2485
/STEFAN GADOMSKI/Primary Examiner, Art Unit 2485