DETAILED ACTION
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 Amendment
This office action is in response to communications filed 7/10/2026. Claims 10 and 14-16 are amended. Claims 17-20 are canceled. Claims 21-24 are new. Claims 1-16 and 21-24 are pending in this action.
Response to Arguments
Applicants’ arguments filed 7/10/2026 have been fully considered but they are not persuasive. The Examiner notes that the Applicant indicates that a Terminal Disclaimer has been filed in this application to overcome the Double Patenting rejection of record. However, the Examiner notes that no such filing appears in the record. Therefore, the rejection is maintained.
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.
Claims 1-3, 7, 11-13 and 21-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-37 of U.S. Patent No. 11,477,254 and claims 1-37 of U.S. Patent No. 12,301,893. Specifically, the instant claims are anticipated in every aspect by the patented claims. The comparisons are as follows:
Instant Application
19/030491
US Patent
12,301,893
US Patent
11,477,254
1. A system comprising memory and one or more processors communicatively coupled to the memory, the one or more processors configured to cause the system to perform operations, the operations comprising:
receive, originating from a client device, a request comprising a stream identifier for a media output stream associated with a programming schedule;
determining, based at least in part on the request, a dynamic playout buffer for the media output stream,
wherein the dynamic playout buffer identifies one or more requirements for a number of media segments within a media output stream manifest for the media output stream; and
updating the media output stream manifest based at least in part on the dynamic playout buffer and the programming schedule.
1. A system comprising memory and one or more processors communicatively coupled to the memory, the one or more processors configured to cause the system to:
receive a request that comprises a parameter set comprising a stream identifier associated with one or more media segments, and one or more additional parameters; and
generate a first media output stream based on an insertion of manifest data and indexed metadata associated with the one or more media segments into a first media output stream manifest in accordance with one or more
playout buffer features and the one or more additional parameters, wherein at least one of the one or more playout buffer features, defined in a first programming schedule, is associated with a corresponding number of media segments associated with at least one of pre-encoded media assets or input streams referenced in the first programming schedule.
1. A system, comprising: one or more processors in a media packaging and distribution system, wherein the one or more processors are configured to:
publish a first programming schedule that references at least one or more pre-encoded media assets and/or one or more live input streams,
wherein the published first programming schedule comprises one or more playout buffer features enabled via one or more constraints and rights, and
wherein each playout buffer feature of the one or more playout buffer features is associated with a corresponding number of media segments that represents the one or more pre-encoded media assets and/or the one or more live input streams;
receive a request that comprises at least a stream identifier and at least an additional parameter;
insert manifest data and indexed metadata of one or more media segments associated with the stream identifier to a first disparate live media output stream manifest in accordance
with a playout buffer feature from the one or more playout buffer features and at least the additional parameter; and
generate a first disparate live media output stream based on the insertion of the manifest data and indexed metadata to the first disparate live media output stream manifest.
Allowable Subject Matter
Claims 4-6, 8-9, 14-16 and 23-24 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENEA DAVIS whose telephone number is (571)272-9524 and whose email address is CHENEA.SMITH@USPTO.GOV. The examiner can normally be reached M-F: 8:00 am - 4:00 pm.
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, Nathan Flynn can be reached at 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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/CHENEA DAVIS/Primary Examiner, Art Unit 2421
Prosecution Insights