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 .
This action is in response to application 19/030,185 filed 1/17/2025.
Claims 1-9 are presented for examination.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this 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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Instant Application 19/030,185 independent claims 1, 4, 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over independent claims 1, 7, 11 of U.S. Patent No. 12273595 in combination with dependent claims (see table below). Instant Application 19/030,185 independent claims 1, 4, 7 are not patentably distinct from 1, 7, 11 of U.S. Patent No. 12273595, the instant claims differ from parent claims in the allocation of processing functionality between a server device and a mobile computing device, and in omission of the automatic downloading requiring download without further user input. Although the instant claims are broader in scope than the parent claims, the breadth arises from omission of specific implementation details preciously claimed, rather than from a different inventive concept. Accordingly, the claims are not patentably distinct (see table below).
Instant Application 19/030,185
Parent Pat 12273595
Not Patentably Distinct
Independent Claims 1, 4, 7:
sending, by a server device, primary media content and additional content to a media player device configured to provide the primary media content and the additional content;
receiving, by the server device, from the media player device, an indication of a user selection associated with the additional content provided via the media player device;
i
identifying, by the server device, based on receiving the indication of the user selection associated with the additional content displayed via the media player device, application content associated with the additional content provided via the media player device; and
sending, by the server device, to a mobile computing device of a user associated with the user selection, an indication of the identified application content associated with the additional content provided via the media player device.
Claim 2:
wherein sending the indication of the identified application content to the mobile computing device associated with the user includes sending, to the mobile computing device associated with the user, a content item accessible by a mobile device application to the mobile computing device.
Claim 3:
identifying, by the server device, the user associated with the user selection based on the user signing in to a media player application of the media player device; and determining, by the server device, one or more of the mobile computing device or a mobile device application associated with the user based on the user signing in to the mobile computing device or the mobile device application.
Independent Claims 1, 7, 11:
receiving, by one or more processors of the mobile computing device, an indication of third-party content selected by the user via a media player device displaying the third-party content along with primary content, the media player device being proximate to the mobile computing device and distinct from the mobile computing device;
receiving, by one or more processors of the mobile computing device, an indication of third-party content selected by the user via a media player device displaying the third-party content along with primary content
identifying, by the one or more processors of the mobile computing device,
downloadable content associated with the selected third-party content displayed by the media player device; and
downloading, by the one or more processors of the mobile computing device, in response to receiving the indication and without further input from the user, the downloadable content to a memory of the mobile computing device.
Claim 3:
wherein downloading the downloadable
content to the memory of the mobile computing device includes downloading a mobile-only
application to the memory of the mobile computing device.
Claim 2:
receiving, by the one or more processors of the mobile computing device, from a
server, the indication of the downloadable content associated with the third-party content
displayed by the media player device.
Analysis:
Both recite primary content and additional/third-party content provided via a media player device. Difference reflects allocation of sending vs, displaying functionality, not a different invention.
Both recite receiving an indication of user selection of third-party/additional content provided via a media player device. The instant claim specifies that the server device performs the receiving step, whereas the parent claim specifies that the mobile computing device performs the receiving step. This distinction reflects allocation of processing functionality between system components within the same distributed media system architecture. Such redistribution of processing responsibility does not constitute a patentably distinct invention under BRI.
Both identify downloadable/application content associated with selected third-party/additional content. The terminology differs but the functional association step is the same under BRI.
Both cause delivery of associated application/downloadable content to the mobile computing device in response to user selection. Sending an indication vs. automatically downloading is an obvious variation of implementation.
Both require delivery of content usable by a mobile device application. Form of content (application vs. content accessible by application) is not a patentable distinction.
Both involve associating downloadable/application content with a specific user and mobile device within a distributed system. User/device association and server interaction are in the parent architecture and represent an obvious system-level implementation detail.
Claim Rejections - 35 USC § 102
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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kirby et al., Pub No US 2004/0165006 (hereafter Kirby).
Regarding Claim 1, Kirby discloses a computer-implemented method, comprising:
sending, by a server device, primary media content and additional content to a media player device configured to provide the primary media content and the additional content [para.0010: Discloses suitable content items for use with the present invention include live TV channels (primary media content), pre-recorded programs (primary media content), songs, music videos, still images, virtual billboards (additional content), and multiplayer interactive games (additional content); and para.0030: Discloses a central controller (CC element 100 – a server device) processes a stored playlist and directly streams (sending) content items to the player controllers (PCs element 104 – a media player device) for display at their associated screens. Thus, CC (element 100 – server) streams both entertainment and interactive/advertising content to PC (element 104) for display.];
receiving, by the server device, from the media player device, an indication of a user selection associated with the additional content provided via the media player device [para.0031: Discloses the CC (element 100 – server) receives commands from at least one user device (element 116) via a user controller (UC element120); and para.0059: Discloses user issues one or more commands (an indication of a user selection) that are received by the UC (element 120 - the additional content provided); and para.0076: Discloses the CC (element 100) creates a content item containing the link for display. Thus, user interaction commands are transmitted to CC (element 100) for processing, commands constitute an indication of user selection.];
identifying, by the server device, based on receiving the indication of the user selection associated with the additional content displayed via the media player device, application content associated with the additional content provided via the media player device [para.0076: Discloses the CC (element 100) creates (identifying) a content item containing the link for display; and para.0085: Discloses content commands coordinate the downloading and viewing of content (e.g., video content, ringtones, graphics) by users. CC (element 100) determines the downloadable item corresponding to the selected interactive content, thus creation and linking qualifies as identifying application content.]; and
sending, by the server device, to a mobile computing device of a user associated with the user selection, an indication of the identified application content associated with the additional content provided via the media player device [para.0076: Discloses the short message service (SMS) controller transmits the download location to the user's phone using the user's phones number; para.0033, FIG.1: Illustrates the user device (element 116) is a mobile computing device. Download link is transmitted to the user’s mobile device (element 116), transmitting a download location satisfies sending an indication.].
Regarding Claim 2, Kirby discloses the computer-implemented method of claim 1, and Kirby further discloses wherein sending the indication of the identified application content to the mobile computing device associated with the user includes sending, to the mobile computing device associated with the user, a content item accessible by a mobile device application to the mobile computing device [para.0011: Discloses suitable content items include ringtones, WAP content, graphics, and data; and para.0063: Discloses commands include order ringtones, order downloadable items. Thus, downloadable ringtone/WAP content (a content item accessible) is accessed via mobile device software, satisfying the limitation under BRI.].
Regarding Claim 3, Kirby discloses the computer-implemented method of claim 1, and Kirby further discloses further comprising:
identifying, by the server device, the user associated with the user selection based on the user signing in to a media player application of the media player device [para.0078: Discloses as part of the registration or login process, the user provides a device identifier, such as a mobile phone number, that uniquely identifies the user device.]; and
determining, by the server device, one or more of the mobile computing device or a mobile device application associated with the user based on the user signing in to the mobile computing device or the mobile device application [para.0078: Discloses as part of the registration or login process, the user provides a device identifier, such as a mobile phone number, that uniquely identifies the user device. Thus, Login and device identifier association enable CC (element 100) to associate selections with a specific user and device.].
Regarding Claim 4, Kirby discloses a computer system, comprising:
one or more processors [FIG.1: Discloses multiple controllers (processors – elements 100, 120, 132, 128); and para.0008: Discloses user device is a hand-held computer (processor).]; and
one or more non-transitory memories storing computer-executable instructions that, when executed by the one or more processors [para.0009: Discloses the central controller (CC – element 100 processor) executes a program (instructions) whose output displays at the screen; and para(s).0035, 0038, 0041, 0054: Discloses memory.], cause the one or more processors to:
send primary media content and additional content to a media player device configured to provide the primary media content and the additional content [para.0010: Discloses suitable content items for use with the present invention include live TV channels (primary media content), pre-recorded programs (primary media content), songs, music videos, still images, virtual billboards (additional content), and multiplayer interactive games (additional content); and para.0030: Discloses a central controller (CC element 100 – a server device) processes a stored playlist and directly streams (sending) content items to the player controllers (PCs element 104 – a media player device) for display at their associated screens. Thus, CC (element 100 – server) streams both entertainment and interactive/advertising content to PC (element 104) for display.];
receive, from the media player device, an indication of a user selection associated with the additional content provided via the media player device [para.0031: Discloses the CC (element 100 – server) receives commands from at least one user device (element 116) via a user controller (UC element120); and para.0059: Discloses user issues one or more commands (an indication of a user selection) that are received by the UC (element 120 - the additional content provided); and para.0076: Discloses the CC (element 100) creates a content item containing the link for display. Thus, user interaction commands are transmitted to CC (element 100) for processing, commands constitute an indication of user selection.];
identify, based on receiving the indication of the user selection associated with the additional content displayed via the media player device, application content associated with the additional content provided via the media player device [para.0076: Discloses the CC (element 100) creates (identifying) a content item containing the link for display; and para.0085: Discloses content commands coordinate the downloading and viewing of content (e.g., video content, ringtones, graphics) by users. CC (element 100) determines the downloadable item corresponding to the selected interactive content, thus creation and linking qualifies as identifying application content.]; and
send, to a mobile computing device associated with the user, an indication of the identified application content associated with the additional content provided via the media player device [para.0076: Discloses the short message service (SMS) controller transmits the download location to the user's phone using the user's phones number; para.0033, FIG.1: Illustrates the user device (element 116) is a mobile computing device. Download link is transmitted to the user’s mobile device (element 116), transmitting a download location satisfies sending an indication.].
Regarding Claim 5, Kirby discloses the computer system of claim 4, and Kirby further discloses wherein sending the indication of the identified application content to the mobile computing device associated with the user includes sending, to the mobile computing device associated with the user, a content item accessible by a mobile device application to the mobile computing device [para.0011: Discloses suitable content items include ringtones, WAP content, graphics, and data; and para.0063: Discloses commands include order ringtones, order downloadable items. Thus, downloadable ringtone/WAP content (a content item accessible) is accessed via mobile device software, satisfying the limitation under BRI.].
.
Regarding Claim 6, Kirby discloses the computer system of claim 4, and Kirby further discloses wherein the computer-executable instructions, when executed by the one or more processors, further cause the one or more processors to:
identify the user associated with the user selection based on the user signing in to a media player application of the media player device [para.0078: Discloses as part of the registration or login process, the user provides a device identifier, such as a mobile phone number, that uniquely identifies the user device.]; and
determine one or more of the mobile computing device or a mobile device application associated with the user based on the user signing in to the mobile computing device or the mobile device application [para.0078: Discloses as part of the registration or login process, the user provides a device identifier, such as a mobile phone number, that uniquely identifies the user device. Thus, Login and device identifier association enable CC (element 100) to associate selections with a specific user and device.].
Regarding Claim 7, Kirby discloses one or more non-transitory memories storing computer-executable instructions that, when executed by one or more processors [para.0009: Discloses the central controller (CC – element 100 processor) executes a program (instructions) whose output displays at the screen; and para(s).0035, 0038, 0041, 0054: Discloses memory.], cause the one or more processors to:
send primary media content and additional content to a media player device configured to provide the primary media content and the additional content [para.0010: Discloses suitable content items for use with the present invention include live TV channels (primary media content), pre-recorded programs (primary media content), songs, music videos, still images, virtual billboards (additional content), and multiplayer interactive games (additional content); and para.0030: Discloses a central controller (CC element 100 – a server device) processes a stored playlist and directly streams (sending) content items to the player controllers (PCs element 104 – a media player device) for display at their associated screens. Thus, CC (element 100 – server) streams both entertainment and interactive/advertising content to PC (element 104) for display.];
receive, from the media player device, an indication of a user selection associated with the additional content provided via the media player device;
identify, based on receiving the indication of the user selection associated with the additional content displayed via the media player device, application content associated with the additional content provided via the media player device [para.0076: Discloses the CC (element 100) creates (identifying) a content item containing the link for display; and para.0085: Discloses content commands coordinate the downloading and viewing of content (e.g., video content, ringtones, graphics) by users. CC (element 100) determines the downloadable item corresponding to the selected interactive content, thus creation and linking qualifies as identifying application content.]; and
send, to a mobile computing device associated with the user, an indication of the identified application content associated with the additional content provided via the media player device [para.0076: Discloses the short message service (SMS) controller transmits the download location to the user's phone using the user's phones number; para.0033, FIG.1: Illustrates the user device (element 116) is a mobile computing device. Download link is transmitted to the user’s mobile device (element 116), transmitting a download location satisfies sending an indication.].
Regarding Claim 8, Kirby discloses the one or more non-transitory memories of claim 7, and Kirby further discloses wherein sending the indication of the identified application content to the mobile computing device associated with the user includes sending, to the mobile computing device associated with the user, a content item accessible by a mobile device application to the mobile computing device [para.0011: Discloses suitable content items include ringtones, WAP content, graphics, and data; and para.0063: Discloses commands include order ringtones, order downloadable items. Thus, downloadable ringtone/WAP content (a content item accessible) is accessed via mobile device software, satisfying the limitation under BRI.].
.
Regarding Claim 9, Kirby discloses the one or more non-transitory memories of claim 7, and Kirby further discloses wherein the computer-executable instructions, when executed by the one or more processors, further cause the one or more processors to:
identify the user associated with the user selection based on the user signing in to a media player application of the media player device [para.0078: Discloses as part of the registration or login process, the user provides a device identifier, such as a mobile phone number, that uniquely identifies the user device.]; and
determine one or more of the mobile computing device or a mobile device application associated with the user based on the user signing in to the mobile computing device or the mobile device application [para.0078: Discloses as part of the registration or login process, the user provides a device identifier, such as a mobile phone number, that uniquely identifies the user device. Thus, Login and device identifier association enable CC (element 100) to associate selections with a specific user and device.].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
David Strober (US 8,356,251) – Discloses connection between two or more devices connected to an Internet or other computer network. The connection is designed to be made by a first device (e.g., a personal computing device) that acts as a controller and a second device (e.g., a television set with a display) that acts as a receiver to play content selected by a user of the first device and to respond to commands that originate at the personal computing device. The personal computing device is operable to display an application or web site that contains information and links to content providers on the Internet. The television set is operable to link back to a server system from which the television set receives commands (FIG.1, col.3 lines 1-11). Content may include one or more of the following: video, audio, interactive video game, streaming media, multimedia images, slides (e.g., a PowerPoint presentation) or other types of dynamic content (col.3 lines 46-49).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADIL OCAK whose telephone number is (571) 272-2774. The examiner can normally be reached on M-F 8:00 AM - 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached on 571-272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADIL OCAK/Primary Examiner, Art Unit 2426