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 .
Specification
The disclosure is objected to because of the following informalities: The specification should be updated to reflect the current status of all co-pending applications.
Appropriate correction is required.
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. 12,262,096. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is anticipated by the ‘096 patent.
Similar issues exist with U.S. Patent 11,533,544 and U.S. Patent 11,856,270, and claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims in those two distinct patents.
Claim 1 of ‘096 patent
Claim 1 of instant application
A method comprising:
A method comprising:
receiving information associated with at least one media capture source, located at a premises, and one or more destination entities;
authenticating, based on the received information, the at least one media capture source and the one or more destination entities;
determining one or more destination entities corresponding to at least one media capture source located at a premises
receiving, from the at least one media capture source, content comprising at least an indication of a destination network address associated with the one or more authenticated destination entities, wherein the destination network address is used to determine one or more network addresses of the one or more authenticated destination entities;
receiving, from the at least one media capture source, content comprising at least an indication of a destination network address associated with the one or more destination entities, wherein the destination network address is used to determine one or more network addresses of the one or more destination entities;
generating one or more transmissions of at least a portion of the content; and
generating one or more transmissions of at least a portion of the content; and
sending to the one or more authenticated destination entities a respective transmission of the one or more transmissions of the at least a portion of the content.
sending to the one or more destination entities a respective transmission of the one or more transmissions of the at least a portion of the content.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Major US 2017/0188072
Stern US 2015/0113554
Pfeffer et al. US 2013/0227284
Kato US 2012/0099589
Isozaki et al. US 2011/0320824
Munetsugu et al. US 2009/0193101
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey R. Swearingen whose telephone number is (571)272-3921. The examiner can normally be reached M-F 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oscar Louie can be reached at 571-270-1684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey R. Swearingen
Primary Examiner
Art Unit 2445
/Jeffrey R Swearingen/Primary Examiner, Art Unit 2445
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