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.
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Claims 2, 5, 9-12, 19-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 8-10, 12 of U.S. Patent No. 11,805,295 in view of Oswal et al. (US Pub. 2018/0376205), herein referenced as Oswal.
Instant Application Claim 2
US Pat. 11,805,295 Claim 1
A method comprising: identifying a media asset, wherein the media asset comprises a plurality of sequential segments, each respective sequential segment of the plurality of sequential segments being associated with a different time period within a duration of the media asset, and each respective sequential segment of the plurality of sequential segments being associated with a respective supplemental content item of a plurality of supplemental content items;
A computer-implemented method comprising: identifying a media asset, wherein the media asset comprises a plurality of sequential segments, each respective sequential segment of the plurality of sequential segments being associated with a different time period within a duration of the media asset, and each respective sequential segment of the plurality of sequential segments being associated with a plurality of versions of the respective sequential segment;
generating for display a graphical user interface comprising: … a plurality of selectable options, wherein each respective selectable option of the plurality of selectable options is associated with (1) a supplemental content item of the plurality of supplemental content items … (3) a respective preview of the respective supplemental content item;
generating for display a graphical user interface comprising: a respective preview of each respective version of a plurality of versions of the respective sequential segment … a plurality of selectable options, wherein each respective selectable option of the plurality of selectable options is associated with a respective version of the respective sequential segment and is associated with a respective preview of the respective version …
receiving, at a client device, a selection of a selectable option of the plurality of selectable options; and
receiving, at a client device and for each respective sequential segment, a selection of an option, of the plurality of selectable options, …; and
during playing of the media asset, based on determining that a particular segment of the plurality of sequential segments is the next segment to be played and based on receiving the selection of the selectable option: requesting from a server the corresponding supplemental content item associated with the selected selectable option for the particular segment.
during playing of the media asset, in response to determining that a particular segment of the plurality of sequential segments is the next segment to be played: requesting from a server a version of the particular segment associated with the selected option for the particular segment.
The claim in the instant application recites the additional limitation of a plurality of indicators each corresponding to a respective sequential segment of the plurality of sequential segments, wherein at least one of the indicators presented via the graphical user interface is associated with potentially objectionable content included in the respective sequential segment. Nevertheless, Oswal discloses a plurality of indicators each corresponding to a respective sequential segment of the plurality of sequential segments, wherein at least one of the indicators presented via the graphical user interface is associated with potentially objectionable content included in the respective sequential segment ([0055], [0077], Fig. 6, i.e., objectionable scenes 612 and 614 also has a corresponding video clip or a graphical image (as represented by elements 662 and 664) to provide efficient review for the objectionable content by the user 615).
It would have been obvious to include a plurality of indicators each corresponding to a respective sequential segment of the plurality of sequential segments, wherein at least one of the indicators presented via the graphical user interface is associated with potentially objectionable content included in the respective sequential segment in claim 1 of patent 11,805,295 for the benefit of providing efficient review for the objectionable content by the user ([0077]).
Claim 5 of the instant application corresponds to patented claim 1.
Claim 9 of the instant application corresponds to patented claim 5.
Clam 10 of the instant application corresponds to patented claim 2.
Clam 11 of the instant application corresponds to patented claim 3.
Claim 12 of the instant application corresponds to patented claim 8.
Claim 19 of the instant application corresponds to patented claim 12.
Claim 20 of the instant application corresponds to patented claim 9.
Claim 21 of the instant application corresponds to patented claim 10.
Claims 2-3, 5, 10-13, 15, 20-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5, 8-10 of U.S. Patent No. 11,425,460 in view of Oswal et al. (US Pub. 2018/0376205), herein referenced as Oswal.
Instant Application Claim 2
US Pat. 11,425,460 Claim 1
A method comprising: identifying a media asset, wherein the media asset comprises a plurality of sequential segments, each respective sequential segment of the plurality of sequential segments being associated with a different time period within a duration of the media asset, and each respective sequential segment of the plurality of sequential segments being associated with a respective supplemental content item of a plurality of supplemental content items;
A method comprising: receiving, from a server at a client device, a manifest of a media asset, wherein the manifest identifies: (a) a plurality of sequential segments of the media asset, each respective sequential segment of the plurality of sequential segments being associated with a different time period within a duration of the media asset, and (b) for each respective sequential segment of the plurality of sequential segments, a plurality of versions of the respective sequential segment of the plurality of sequential segments;
generating for display a graphical user interface comprising: … a plurality of selectable options, wherein each respective selectable option of the plurality of selectable options is associated with (1) a supplemental content item of the plurality of supplemental content items … (3) a respective preview of the respective supplemental content item;
generating for display a graphical user interface that simultaneously depicts, for each respective sequential segment of the plurality of sequential segments: a respective preview of each respective version of the plurality of versions of the respective sequential segment…
receiving, at a client device, a selection of a selectable option of the plurality of selectable options; and
receiving, at the client device and for each respective sequential segment, a selection of an option, of the plurality of selectable options, that is associated with a respective version of the plurality of versions of the respective sequential segment; and
during playing of the media asset, based on determining that a particular segment of the plurality of sequential segments is the next segment to be played and based on receiving the selection of the selectable option: requesting from a server the corresponding supplemental content item associated with the selected selectable option for the particular segment.
during playing of the media asset, in response to determining that a particular segment of the plurality of sequential segments is the next segment to be played: requesting from the server a version of the particular segment associated with the selected option for the particular segment.
The claim in the instant application recites the additional limitation of a plurality of indicators each corresponding to a respective sequential segment of the plurality of sequential segments, wherein at least one of the indicators presented via the graphical user interface is associated with potentially objectionable content included in the respective sequential segment. Nevertheless, Oswal discloses a plurality of indicators each corresponding to a respective sequential segment of the plurality of sequential segments, wherein at least one of the indicators presented via the graphical user interface is associated with potentially objectionable content included in the respective sequential segment ([0055], [0077], Fig. 6, i.e., objectionable scenes 612 and 614 also has a corresponding video clip or a graphical image (as represented by elements 662 and 664) to provide efficient review for the objectionable content by the user 615).
It would have been obvious to include a plurality of indicators each corresponding to a respective sequential segment of the plurality of sequential segments, wherein at least one of the indicators presented via the graphical user interface is associated with potentially objectionable content included in the respective sequential segment in claim 1 of patent 11,425,460 for the benefit of providing efficient review for the objectionable content by the user ([0077]).
Claim 3 of the instant application corresponds to patented claim 5.
Claim 5 of the instant application corresponds to patented claim 1.
Claim 10 of the instant application corresponds to patented claim 2.
Claim 11 of the instant application corresponds to patented claim 3.
Claim 12 of the instant application corresponds to patented claim 8.
Claim 13 of the instant application corresponds to patented claim 12.
Claim 15 of the instant application corresponds to patented claim 8.
Claim 20 of the instant application corresponds to patented claim 9.
Claim 21 of the instant application corresponds to patented claim 10.
Allowable Subject Matter
Claims 4, 6-8, 14, 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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 March 6, 2026