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 .
Response to Arguments
Applicant's arguments filed 04/24/2026 have been fully considered but they are not persuasive.
Applicant argues that Lemberger does not teach causing the video stream from the camera to the at least one server to be terminated based on determining that none of the one or more user devices are receiving the video stream from the at least one server. To this matter the examiner respectfully disagrees. The examiner is required to give the claims their broadest reasonable interpretation. In this specific case, a determination is made to terminate the video either for the expiration of a time interval or because the user denies or ignore the notification either way the device is not receiving the video and the connection is terminated (paragraph 254-255), meeting the claim language.
Terminal Disclaimer
The terminal disclaimer filed on 04/24/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 10,798,249 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Terminal Disclaimer
The terminal disclaimer filed on 04/24/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,368,753 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Terminal Disclaimer
The terminal disclaimer filed on 04/24/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,856,259 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Terminal Disclaimer
The terminal disclaimer filed on 04/24/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 12,273,590 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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 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.
Claims 1-2, 4-5, 7-8 and 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lemberger et al., US 2018/0101734.
Regarding claim 1, Lemberger discloses a system, comprising: a back-end network including at least one server for coupling between a camera and one or more user devices, the back-end network to:
cause a video stream to be transmitted from the camera to a number of user devices via the at least one server (figure 1; paragraph 130-140); and
cause the video stream from the camera to the at least one server to be terminated based on determining that none of the one or more user devices are receiving the video stream from the at least one server (paragraph 254-255).
Regarding claim 2, Lemberger discloses the system of claim 1, the back-end network further configured to receive a request from a user device of the number of user devices to continue to transmit the video stream from the at least one server to the user device (Lemberger paragraph 254-255).
Regarding claim 4, Lemberger discloses the system of claim 2, wherein the back-end network is configured to cause the video stream from the at least one server to the user device to be terminated in response to lack of receipt of the request from the user device within a predetermined time interval (Lemberger paragraph 254-255).
Regarding claim 5, Lemberger discloses the system of claim 1, further comprising the camera and a modem for coupling the camera to the at least one server (Lemberger paragraph 133).
Regarding claim 7, Lemberger discloses the system of claim 1, wherein the back-end network includes data identifying whether or not the at least one user device is receiving the video stream from the at least one server (Lemberger paragraph 254-255).
Regarding claim 8, Lemberger discloses the system of claim 1, wherein the back-end network is remote from the camera and each of the number of user devices (Lemberger figure 1).
Regarding claim 10, Lembergerr discloses a method, comprising:
transmitting a video stream from a camera to a number of user devices via at least one server of a back-end network (figure 1; paragraph 130-140); and
terminating the video stream from the camera to the at least one server based on determining that none of the one or more user devices are receiving the video stream from the at least one server (paragraph 254-255).
Regarding claim 11, Lemberger discloses the method of claim 10, further comprising terminating the video stream from the at least one server to a user device of the at least one user device prior to terminating the video stream from the camera to the at least one server (Lemberger paragraph 254-255).
Regarding claim 12, Lemberger discloses the method of claim 10, wherein terminating the video stream from the at least one server to the user device comprises terminating the video stream from the at least one server to a user device in response to lack of receipt of an indicator within a predetermined time interval indicating that a user of the user device is actively viewing the video stream (Lemberger paragraph 254-255).
Regarding claim 13, Lemberger discloses the method of claim 10, wherein transmitting the video stream from the camera to the number of user devices via the at least one server comprises: transmitting the video stream from the camera to the at least one server via first connection; and transmitting the video stream from the at least one server to the number of user devices via a number of second connections (Lemberger figure 1).
Claim Rejections - 35 USC § 103
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 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Lemberger in view of Paxton et al., US 2004/0158858.
Regarding claim 3, Lemberger disclose the system of claim 2.
Lemberger is silent about the back-end network is further configured to update a database with a time in response to receipt of the request.
In an analogous art, Paxton discloses the back-end network is further configured to update a database with a time in response to receipt of the request (paragraph 98).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lemberger’s system with the teachings of Paxton. The motivation would have been to know exactly the timing of the request for the benefit of properly manage the system.
Regarding claim 9, Lemberger disclose the system of claim 1.
Lemberger is silent about the back-end network is further configured to update a database based on user activity associated with each of the number of user devices.
In an analogous art, Paxton discloses the back-end network is further configured to update a database based on user activity associated with each of the number of user devices (paragraph 98).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lemberger’s system with the teachings of Paxton. The motivation would have been to know exactly the timing of the request for the benefit of properly manage the system.
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lemberger in view of Kirmse et al., US 2013/0344896.
Regarding claim 6, Lemberger discloses the system of claim 5, wherein: the video stream is transmitted from the modem to the at least one server via a first connection; and the video stream is transmitted from the at least one server to the number of user devices via a number of second connections (Lemberger figure 1, paragraph 133).
Lemberger is silent about the connections are metered.
In an analogous art, Kirmse discloses the connections are metered (paragraph 36).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lemberger’s system with the teachings of Kirmse. The motivation would have been to properly charge the user for the benefit of quickly providing the user with the media, this is standard in telecommunications.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lemberger in view of Gibson et al., US 2014/0074991.
Regarding claim 14, Lemberger discloses the method of claim 10, further comprising determining whether or not the at least one user device of the number of user devices is receiving the video stream from the at least one server (Lemberger paragraph 254-255).
Lemberger is silent about determining using a database if a device is receiving the stream.
In an analogous art, Gibson discloses determining using a database if a device is receiving the stream (paragraph 54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lemberger’s system with the teachings of Gibson. The motivation would have been to have records of who is watching in order to properly distribute the media.
Claim 15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lemberger in view of Jin et al., US 2011/0296460.
Regarding claim 15, Lemberger discloses a system, comprising: at least one camera; one or more user devices; and a network including at least one server and configured to:
cause a video stream to be transmitted from the at least one camera to a number of user devices of the one or more user devices via the at least one relay server (figure 1; paragraph 130-140); and
cause the video stream from the at least one camera to the at least one server to be terminated based on determining that none of the one or more user devices are receiving the video stream from the at least one server (paragraph 254-255).
Lemberger is silent about the use of a relay server.
In an analogous art, Jin discloses the back-end network includes a video relay server communicatively coupled between the at least one camera and the one or more user devices (figure 1 and 7, Paragraph 42-63).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lemberger’s system with the teachings of Jin. The motivation would have been to use less resources at the user device for the benefit of providing cheaper equipment to the user.
Regarding claim 18, Lemberger and Jin disclose the system of claim 15, wherein at least one of the network or a user device of the number of user devices is configured to terminate the video stream from the at least one relay server to the user device prior to termination of the video stream from the camera to the at least one relay server (Lemberger paragraph 254-255).
Regarding claim 19, Lemberger and Jin disclose the system of claim 15, wherein the video stream from the at least one relay server to the user device is terminated in response to lack of receipt of an indicator within a predetermined time interval indicating that a user of the user device is actively viewing the video stream (Lemberger paragraph 254-255).
Regarding claim 20, Lemberger and Jin disclose the system of claim 19, wherein the network is further configured to continue transmission of the video stream from the network to the user device in response to receipt of the indicator from the user device within the predetermined time interval (Lemberger paragraph 254-255).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lemberger in view of Jin in view of Kirmse.
Regarding claim 16, Lemberger and Jin disclose the system of claim 15, wherein the video stream is transmitted from the at least one camera to the at least one relay server via first connection and the video stream is transmitted from the at least one relay server to the number of user device via a number of second connections (Lemberger figure 1, paragraph 133, Jin paragraph 42-63).
Lemberger and Jin are silent about the connections are metered.
In an analogous art, Kirmse discloses the connections are metered (paragraph 36).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lemberger and Jin’s system with the teachings of Kirmse. The motivation would have been to properly charge the user for the benefit of quickly providing the user with the media, this is standard in telecommunications.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Lemberger in view of Jin in view of Gibson.
Regarding claim 17, Lemberger and Jin disclose the system of claim 15.
Lemberger and Jin are silent the network comprises at least one database including an active viewers list indicating which of the one or more user devices, if any, are receiving the video stream from the at least one relay server.
In an analogous art, Gibson discloses an active viewers list to determining if a device is receiving the stream (paragraph 54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lemberger and Jin’s system with the teachings of Gibson. The motivation would have been to have records of who is watching in order to properly distribute the media.
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.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSCHTA I MONTOYA whose telephone number is (571)270-1192. The examiner can normally be reached on Monday-Friday 8 am - 5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Flynn can be reached on 571-272-1915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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OSCHTA I. MONTOYA
Examiner
Art Unit 2421
OM
Oschta Montoya
Patent Examiner
Art Unit 2421
/OSCHTA I MONTOYA/Primary Examiner, Art Unit 2421
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