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 .
DETAILED ACTION
This Office Action is in response to Application No. 19/029,437 filed 01/17/2025. Claims 1-12 are pending and have been examined.
The information disclosure statement (IDS) submitted on 01/17/2025 was considered by the examiner.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-12 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-12 of prior U.S. Patent No. 10,972,785. This is a statutory double patenting rejection.
For example, note the following relationship between claim 1 of the instant application and the patented claims.
Application No. 19/029,437
U.S. Patent No. 10,972,785
1. A system for distributing live and on-demand media to a user, comprising:
1. A system for distributing live and on-demand media to a user, comprising:
a media content server configured to:
receive a pre-modified live digital audio stream including a plurality of alternative content (AC) start tags and AC stop tags,
modify the pre-modified live digital audio stream by inserting at least a first alternative content into the pre-modified live digital audio stream between a respective AC start/stop tag to produce a live digital audio stream and stream the live digital audio stream for playback on a client device;
a media content server configured to:
receive a pre-modified live digital audio stream including a plurality of alternative content (AC) start tags and AC stop tags,
modify the pre-modified live digital audio stream by inserting at least a first alternative content into the pre-modified live digital audio stream between a respective AC start/stop tag to produce a live digital audio stream and stream the live digital audio stream for playback on a client device;
a time-shifted media server being configured to store the pre-modified live digital audio stream for transmission of the pre-modified live digital audio stream as a time-shifted digital audio stream upon request from the client device;
a time-shifted media server being configured to store the pre-modified live digital audio stream for transmission of the pre-modified live digital audio stream as a time-shifted digital audio stream upon request from the client device;
an alternative content server configured to:
receive the pre-modified live digital audio stream including the plurality of AC start/stop tags,
as the pre-modified live digital audio stream reaches a time that corresponds to a respective AC start/stop tag, identify and store the respective AC start/stop tag for later transmission to the client device, and
an alternative content server configured to:
receive the pre-modified live digital audio stream including the plurality of AC start/stop tags,
as the pre-modified live digital audio stream reaches a time that corresponds to a respective AC start/stop tag, identify and store the respective AC start/stop tag for later transmission to the client device, and
the client device including a processor and a speaker, the client device being configured to:
receive the live digital audio stream from the media content server and output the live digital audio stream via the speaker of the client device, and
in response to a playback command by the user at the client device, the client device being configured to transmit a time-shifted digital audio stream request to the time-shifted media server;
in response to a time-shifted digital audio stream request, the time-shifted media server being configured to stream the time-shifted digital audio stream to the client device;
the client device including a processor and a speaker, the client device being configured to:
receive the live digital audio stream from the media content server and output the live digital audio stream via the speaker of the client device, and
in response to a playback command by the user at the client device, the client device being configured to transmit a time-shifted digital audio stream request to the time-shifted media server;
in response to a time-shifted digital audio stream request, the time-shifted media server being configured to stream the time-shifted digital audio stream to the client device;
while outputting the time-shifted digital audio stream via the speakers, the client device being configured to:
receive a respective AC start/stop tag of the plurality of AC start/stop tags of the pre-modified live digital audio stream from the alternative content server as the alternative content server identifies the respective AC start/stop tags from the pre-modified live digital audio stream,
identify an upcoming alternative content period when the first alternative content was inserted in the live digital audio stream based on a respective AC start tag and a respective AC stop tag, and,
in response to determining that the upcoming alternative content period is within a pre-determined timing threshold, transmit an alternative content request to the alternative content server;
while outputting the time-shifted digital audio stream via the speakers, the client device being configured to:
receive a respective AC start/stop tag of the plurality of AC start/stop tags of the pre-modified live digital audio stream from the alternative content server as the alternative content server identifies the respective AC start/stop tags from the pre-modified live digital audio stream,
identify an upcoming alternative content period when the first alternative content was inserted in the live digital audio stream based on a respective AC start tag and a respective AC stop tag, and,
in response to determining that the upcoming alternative content period is within a pre-determined timing threshold, transmit an alternative content request to the alternative content server;
the alternative content server further configured to:
in response to receiving the alternative content request, transmit a second alternative content to the client device; and
the alternative content server further configured to:
in response to receiving the alternative content request, transmit a second alternative content to the client device; and
the client device configured to:
receive the second alternative content, and
when an upcoming alternative content period matches a current period of the time-shifted digital audio stream:
cease outputting, at the speaker, the time-shifted digital audio stream, and
output the second alternative content for the time-shifted digital audio stream.
the client device configured to:
receive the second alternative content, and
when an upcoming alternative content period matches a current period of the time-shifted digital audio stream:
cease outputting, at the speaker, the time-shifted digital audio stream, and
output the second alternative content for the time-shifted digital audio stream.
Claims 2-12 of the application are identical to claims 2-12 of the patent.
Conclusion
In the case of amending the claimed invention, applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN R SCHNURR whose telephone number is (571)270-1458. The examiner can normally be reached M-F 6a-4p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at (571)272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN R SCHNURR/Primary Examiner, Art Unit 2425
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