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 .
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,244,875. Although the claims at issue are not identical, they are not patentably distinct from each other. For instance, note the following similarities between instant application claim 1 and US Pat. 12,244,875 claims 1 and 7.
Instant Application Claim 1
US Pat. 12,244,875 Claims 1, 7
A computer system comprising a processing system and memory, the computer system being configured to perform operations to assert provenance of media content, the operations comprising: determining a key pair comprising a private key and a public key, the key pair being associated with a validity period;
In a computer system, a method of asserting provenance of media content during live streaming, the method comprising: determining a key pair comprising a live-stream private key and a live-stream public key; (Claim 1)
setting an indicator of a validity period, wherein the manifest metadata further includes the indicator of the validity period... (Claim 7)
signing, with a long-term key, manifest metadata comprising the public key, thereby producing a manifest signature, the long-term key being associated with a sender; outputting, as part of a bitstream, the manifest metadata and the manifest signature; and
signing, with a long-term key, manifest metadata comprising the live-stream public key, thereby producing a manifest signature; outputting, as part of a bitstream, the manifest metadata and the manifest signature; and (Claim 1)
for each of multiple portions of media content: signing, with the private key, the portion of the media content, thereby producing a portion signature for the portion of the media content, the portion signature providing a provenance claim for the portion of the media content; and
for each of multiple portions of media content during live streaming of the media content: signing, with the live-stream private key, the portion of the media content, thereby producing a portion signature for the portion of the media content, the portion signature providing a provenance claim for the portion of the media content; and (Claim 1)
outputting, as part of the bitstream, the portion signature for the portion of the media content.
outputting, as part of the bitstream, the portion signature for the portion of the media content. (Claim 1)
Since claim 1 in the instant application is a broader recitation of claim 1 in Pat. 12,244,875 it would have been obvious to modify claim 1 in Pat. 12,244,875 to get claim 1 in the instant application.
Claim 2 of the instant application corresponds to patent claim 2.
Claim 3 of the instant application corresponds to patent claim 3.
Claim 4 of the instant application corresponds to patent claim 4.
Claim 5 of the instant application corresponds to patent claim 5.
Claim 6 of the instant application corresponds to patent claim 6.
Claim 7 of the instant application corresponds to patent claim 7.
Claim 8 of the instant application corresponds to patent claim 8.
Claim 9 of the instant application corresponds to patent claim 9.
Claim 10 of the instant application corresponds to patent claim 10.
Claim 11 of the instant application corresponds to patent claim 11
Claim 12 of the instant application corresponds to patent claim 12.
Claim 13 of the instant application corresponds to patent claim 13.
Claim 14 of the instant application corresponds to patent claim 14.
Claim 15 of the instant application corresponds to patent claim 15.
Claim 16 of the instant application corresponds to patent claim 16.
Claim 17 of the instant application corresponds to patent claim 17.
Claim 18 of the instant application corresponds to patent claim 18.
Claim 19 of the instant application corresponds to patent claim 19.
Claim 20 of the instant application corresponds to patent claim 20.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang et al. (US Pub. 2014/0096271) discloses segment authentication for dynamic adaptive streaming.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Q Huerta whose telephone number is (571)270-3582. The examiner can normally be reached M-F 9:00 AM-5:00 PM.
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/ALEXANDER Q HUERTA/Primary Examiner, Art Unit 2425 February 20, 2026