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 .
DETAILED ACTION
Claims 1–20 have been submitted for examination.
Claims 1–20 have been examined and rejected.
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 §§ 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).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1–20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–12 of U.S. Patent No. 11,736,755.
US 19/061,959
US 11,736,755 Claim 1
A method for synchronizing playback of media content, the method comprising:
A method for synchronizing playback of media content, the method comprising:
receiving, using a server that includes a hardware processor, a first request of a first user device of a first user to concurrently watch a media item with at least one second user of a second user device;
receiving, at a server, a first communication to present a media content item from a first user device and a second communication to present the media content item from a second user device;
receiving a first request of the second user to pause playback of the media item on the second user device; receiving a second request of the second user to resume playback of the media item on the second user device; and
transmitting, from the server to the first user device and to the second user device, media content data corresponding to the media content item for storage on the first user device and the second user device;
receiving, at a first time point, a first communication from the first user device to begin presenting the media item on the first user device;
receiving, at a first time point, a message from the first user device that includes an indication that the first user device has buffered a predetermined amount of the media content data and a communication to begin presenting the media content item on the first user device;
receiving, at a second time point, a second communication from the second user device to begin presenting the media item on the second user device;
receiving, at a second time point, a message from the second user device that includes an indication that the second user device has buffered the predetermined amount of the media content data and a communication to begin presenting the media content item on the second user device;
in response to receiving the first communication and the second communication, initiating a synchronized media playback session by transmitting instructions to the first user device and to the second user device that cause the first user device and the second user device to begin presenting the media item in synchronization;
in response to determining that the first user device and the second user device have each buffered the predetermined amount of the media content data, transmitting instructions to the first user device and to the second user device that cause the first user device and the second user device to begin presenting the media content item;
receiving, from a third user device, after transmitting instructions to the first user device and the second user device that cause the first user device and the second user device to begin presenting the media content item, a communication to join presentation of the media content item;
in response to the first request of the second user, causing a rate of delivery of the media item to the second user device to be changed from a first rate of delivery to a second rate of delivery;
determining a playback position from which the third user device is to begin presentation of the media content item, wherein the first user device and the second user device have not yet reached the playback position; and
in response to the second request of the second user, causing the second rate of delivery of the media item to the second user device to be changed to a third rate of delivery to allow the second user device to catch up to the first user device in the synchronized media playback session.
transmitting instructions to the third user device to begin presentation of the media content item from the playback position at a specified time in response to receiving an indication from the third user device that the predetermined amount of the media content data that corresponds to media content after the playback position has been buffered by the third user device.
Claims 1, 9, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,736,755. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 9, and 17 are anticipated by the conflicting patented claim 1 as shown in the table above. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Instant dependent claims 2–8, 10–16, and 18–20 contain similar limitations as patented dependent claims 2–4, 6–8, and 10–12 and are rejected for similar reasons as independent claims 1, 7, and 13.
Claims 1–20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–12 of U.S. Patent No. 12,238,363.
US 19/061,959
US 12,238,363 Claim 1
A method for synchronizing playback of media content, the method comprising:
A method for synchronizing playback of media content, the method comprising:
receiving, using a server that includes a hardware processor, a first request of a first user device of a first user to concurrently watch a media item with at least one second user of a second user device;
receiving, using a server that includes a hardware processor, a first request to present a media item from a first user device and a second request to present the media item from a second user device;
receiving a first request of the second user to pause playback of the media item on the second user device; receiving a second request of the second user to resume playback of the media item on the second user device; and
transmitting, from the server to the first user device and the second user device, media data corresponding to the media item for storage on the first user device and the second user device;
receiving, at a first time point, a first communication from the first user device to begin presenting the media item on the first user device;
receiving, at a first time point, a first communication from the first user device to begin presenting the media item on the first user device as the first user device has buffered a predetermined amount of the media data;
receiving, at a second time point, a second communication from the second user device to begin presenting the media item on the second user device;
receiving, at a second time point, a second communication from the second user device to begin presenting the media item on the second user device as the second user device has buffered the predetermined amount of the media data;
in response to receiving the first communication and the second communication, initiating a synchronized media playback session by transmitting instructions to the first user device and to the second user device that cause the first user device and the second user device to begin presenting the media item in synchronization;
in response to receiving the first communication and the second communication, initiating a synchronized media playback session by transmitting instructions to the first user device and to the second user device that cause the first user device and the second user device to begin presenting the media item in synchronization;
in response to the first request of the second user, causing a rate of delivery of the media item to the second user device to be changed from a first rate of delivery to a second rate of delivery;
receiving an indication that a rate change has occurred on at least one of the first user device or the second user device based on buffering rate information; and
in response to the second request of the second user, causing the second rate of delivery of the media item to the second user device to be changed to a third rate of delivery to allow the second user device to catch up to the first user device in the synchronized media playback session.
transmitting, from the server to the first user device or the second user device associated with the indication, instructions to modify a rate of delivery of the media item for a predetermined duration of time to maintain the synchronized media playback session.
Claims 1, 9, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,238,363. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 9, and 17 are anticipated by the conflicting patented claim 1 as shown in the table above. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Instant dependent claims 2–8, 10–16, and 18–20 contain similar limitations as patented dependent claims 2–4, 6–8, and 10–12 and are rejected for similar reasons as independent claims 1, 7, and 13.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL B PIERORAZIO whose telephone number is (571)270-3679. The examiner can normally be reached on Monday - Thursday, 8am - 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nasser Goodarzi can be reached on 5712704195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL B. PIERORAZIO/Primary Examiner, Art Unit 2426