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
1.This action is response to application filed on 04/16/2025. Claims 1-24 are pending.
Double patenting
2. The non-statutory 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 non-statutory 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 non-statutory 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1 and 9 are rejected on the ground of non-statutory double patenting as being obvious unpatentable over claim 8 of U.S. Patent US 12301901. Although the claims at issue are not identical, they are not patentably distinct from each other because both of them describe a similar method for sending portions of feed in differential data.
The current application 19180917
US Patent 12301901
Explanation
1.A system comprising:
a user device; and a computing device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the computing device to:
send a first portion of a feed for a content item requested by the user device;
receive, based on the user device receiving the first portion of the feed before an anticipated point in time, a request for differential data for the content item, wherein the anticipated point in time comprises a point in time at which anticipated reception of at least the first portion of the feed would be completed; and
send the requested differential data and a second portion of the feed.
8.A method comprising:
sending, by a computing device, a first portion of a feed for a content item requested by a user device;
receiving, based on the user device receiving the first portion of the feed before an anticipated point in time, a request for differential data for the content item, wherein the anticipated point in time comprises a point in time at which anticipated reception of at least the first portion of the feed would be completed; and
sending the requested differential data and a second portion of the feed.
Similar remarks apply to the instant claim 9.
Claims 17 and 21 are rejected on the ground of non-statutory double patenting as being obvious unpatentable over claim 16 of U.S. Patent US 11539990. Although the claims at issue are not identical, they are not patentably distinct from each other because both of them describe a similar method for sending portions of feed in differential data.
The current application 19180917
US Patent 11539990
Explanation
17.A system comprising: a user device; and a computing device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the computing device to:
send, to the user device and for a first portion of a content item, a first base feed at a first base bitrate; and a differential feed, configured to enhance quality of the first base feed, at a differential bitrate; and
send a second base feed for a second portion of the content item at a second base bitrate, wherein the second base bitrate is based on the differential bitrate, the first base bitrate, an allocated time to receive the first portion of the content item, and a time to receive the first base feed.
16.A method comprising:
receiving, by a computing device and for a first portion of a content item, a base feed at a first base bitrate and a differential feed, configured to enhance quality of the base feed, at a differential bitrate;
determining a second base bitrate, for a second base feed for a second portion of the content item, based on the differential bitrate, the first base bitrate, an allocated time to receive the first portion of the content item, and a time to receive the base feed; and receiving the second base feed at the second base bitrate.
Similar remarks apply to the instant claim 21.
Explanation: It would obvious to understand the step of sending base feed should be implemented prior the step of receiving base feed.
Claim rejections-35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 17 is rejected under 35 U.S.C. 112(b), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter “wherein the second base bitrate is based on the differential bitrate, the first base bitrate, an allocated time to receive the first portion of the content item, and a time to receive the first base feed” which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The claim fails to define the second base bitrate is based on what condition(s)/calculated result(s) from what relationships from the differential bitrate, the first base bitrate, an allocated time to receive the first portion of the content item, and a time to receive the first base feed. Clarifications are requested.
Claim 21 is rejected under rationales of claim 17. Claims 18-20, 22-24 depend on rejected claims 17 and 21, therefore they are also rejected under rationales of claims 17 and 21.
Claim rejections-35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 9-14, 17-18 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Aloni et al. (US 20240276045) in view of Brueck et al. (US 20190158561).
Regarding claim 1:
A system comprising: a user device; and a computing device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the computing device to:
send a first portion of a feed for a content item requested by the user device: (Aloni teaches video signal is sent with multiple streams having different bit rates: Aloni abstract);
receive a request for differential data for the content item: (receiving a request for changing bit rate: Aloni [0108]);
However, Aloni does not explicitly teach receive, based on the user device receiving the first portion of the feed before an anticipated point in time, a request for differential data for the content item, wherein the anticipated point in time comprises a point in time at which anticipated reception of at least the first portion of the feed would be completed.
In similar art, Brueck teaches a method would utilize multiple connections between a source and destination, requesting varying bitrate streams depending upon network conditions (abstract).
sending the requested differential data and a second portion of the feed (sending the streamlet: Brueck [0098]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 2:
In addition to the rejection claim 1, Aloni-Brueck further teaches the differential data comprises higher quality data relative to the feed: (a group of streamlets having identical time indices and durations but varying bitrates including: low, medium and high: Brueck [0052]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 3:
In addition to the rejection claim 1, Aloni-Brueck further teaches the instructions, when executed by the one or more processors, cause the computing device to send the first portion of the feed by sending the first portion of the feed at a base bitrate, and the instructions, when executed by the one or more processors, further cause the computing device to send, based on reception of the differential data before the anticipated point in time, a future feed at a modified bitrate different from the base bitrate: ( a receiving module configured to capture media content, a streamlet module configured to segment the media content and generate a plurality of streamlets, and an encoding module configured to generate a set of streamlets. The system includes the apparatus, wherein the set of streamlets comprises a plurality of streamlets having identical time indices and durations, and each streamlet of the set of streamlets having a unique bitrate: Brueck abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 4:
In addition to the rejection claim 1, Aloni-Brueck further teaches the differential data for the content item comprises differential data for the first portion of the feed: (a group of streamlets having identical time indices and durations but varying bitrates including: low, medium and high: Brueck [0052]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 5:
In addition to the rejection claim 1, Aloni-Brueck further teaches send the first portion of the feed by sending a first portion of a base feed at a base bitrate, the requested differential data comprises a differential feed configured to enhance a quality of the first portion of the base feed (the agent controller module is configured to select a quality level of streamlets to transmit to the viewer. The agent controller module requests lower or higher quality streams based upon continuous observation of time intervals between successive receive times of each requested streamlet: Brueck [0083]);
and the instructions, when executed by the one or more processors, cause the computing device to send the requested differential data by sending the differential feed at a differential bitrate that is higher than the base bitrate: (a plurality of streams having varying degrees of quality and bandwidth. The plurality of streams comprises a low quality stream, a medium quality stream, and a high quality stream. Each of the streams is a copy of the content file encoded and compressed to varying bit rates: Brueck [0050]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 6:
In addition to the rejection claim 1, Aloni-Brueck further teaches send the first portion of the feed by sending a first portion of a base feed at a base bitrate, the requested differential data comprises a differential feed configured to enhance a quality of the first portion of the base feed, and the instructions, when executed by the one or more processors, cause the computing device to send the requested differential data by sending the differential feed at a differential bitrate that is based on a remaining portion, after reception of the first portion of the base feed, of an allocated time to receive the first portion of the base feed: (a plurality of streams having varying degrees of quality and bandwidth. Each of streams is segment into a plurality of streamlets The set of streamlets comprises a plurality of streamlets having identical time indices and durations, and each streamlet of the set of streamlets having a unique bitrate: Brueck abstract, [0050]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 9:
one or more non-transitory computer-readable media storing instructions that, when executed, cause:
send a first portion of a feed for a content item requested by the user device: (Aloni teaches video signal is sent with multiple streams having different bit rates: Aloni abstract);
receiving a request for differential data for the content item: (receiving a request for changing bit rate: Aloni [0108]);
However, Aloni does not explicitly teach receive, based on the user device receiving the first portion of the feed before an anticipated point in time, a request for differential data for the content item, wherein the anticipated point in time comprises a point in time at which anticipated reception of at least the first portion of the feed would be completed.
In similar art, Brueck teaches a method would utilize multiple connections between a source and destination, requesting varying bitrate streams depending upon network conditions (abstract).
sending the requested differential data and a second portion of the feed (sending the streamlet: Brueck [0098]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 10:
In addition to the rejection claim 9, Aloni-Brueck further teaches the differential data comprises higher quality data relative to the feed: (a group of streamlets having identical time indices and durations but varying bitrates including: low, medium and high: Brueck [0052]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 11:
In addition to the rejection claim 9, Aloni-Brueck further teaches the instructions, when executed by the one or more processors, cause the computing device to send the first portion of the feed by sending the first portion of the feed at a base bitrate, and the instructions, when executed by the one or more processors, further cause the computing device to send, based on reception of the differential data before the anticipated point in time, a future feed at a modified bitrate different from the base bitrate: (a receiving module configured to capture media content, a streamlet module configured to segment the media content and generate a plurality of streamlets, and an encoding module configured to generate a set of streamlets. The system includes the apparatus, wherein the set of streamlets comprises a plurality of streamlets having identical time indices and durations, and each streamlet of the set of streamlets having a unique bitrate: Brueck abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 12:
In addition to the rejection claim 9, Aloni-Brueck further teaches the differential data for the content item comprises differential data for the first portion of the feed: (a group of streamlets having identical time indices and durations but varying bitrates including: low, medium and high: Brueck [0052]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 13:
In addition to the rejection claim 9, Aloni-Brueck further teaches send the first portion of the feed by sending a first portion of a base feed at a base bitrate, the requested differential data comprises a differential feed configured to enhance a quality of the first portion of the base feed (the agent controller module is configured to select a quality level of streamlets to transmit to the viewer. The agent controller module requests lower or higher quality streams based upon continuous observation of time intervals between successive receive times of each requested streamlet: Brueck [0083]);
and the instructions, when executed by the one or more processors, cause the computing device to send the requested differential data by sending the differential feed at a differential bitrate that is higher than the base bitrate: (a plurality of streams having varying degrees of quality and bandwidth. The plurality of streams comprises a low quality stream, a medium quality stream, and a high quality stream. Each of the streams is a copy of the content file encoded and compressed to varying bit rates: Brueck [0050]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 14:
In addition to the rejection claim 9, Aloni-Brueck further teaches send the first portion of the feed by sending a first portion of a base feed at a base bitrate, the requested differential data comprises a differential feed configured to enhance a quality of the first portion of the base feed, and the instructions, when executed by the one or more processors, cause the computing device to send the requested differential data by sending the differential feed at a differential bitrate that is based on a remaining portion, after reception of the first portion of the base feed, of an allocated time to receive the first portion of the base feed: (a plurality of streams having varying degrees of quality and bandwidth. Each of streams is segment into a plurality of streamlets The set of streamlets comprises a plurality of streamlets having identical time indices and durations, and each streamlet of the set of streamlets having a unique bitrate: Brueck abstract; [0050]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 17:
A system comprising: a user device; and a computing device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the computing device to:
send, to the user device and for a first portion of a content item, a first base feed at a first base bitrate; and a differential feed, configured to enhance quality of the first base feed, at a differential bitrate; and send a second base feed for a second portion of the content item at a second base bitrate: (Aloni teaches video signal is sent with multiple streams having different bit rates: Aloni abstract).
However, Aloni does not teach the second base bitrate is based on the differential bitrate, the first base bitrate, an allocated time to receive the first portion of the content item, and a time to receive the first base feed.
In similar art, Brueck teaches a plurality of streamlets having identical time indices and each streamlet of the set of streamlets having a unique bitrate (see, Brueck [0017]; [0019]; [0052]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 18:
In addition to the rejection claim 17, Aloni-Brueck further teaches send the differential feed by sending, based on reception of the first base feed before an anticipated point in time, the differential feed at the differential bitrate: (Brueck teaches a plurality of streamlets having identical time indices and each streamlet of the set of streamlets having a unique bitrate: Brueck [0017]; [0019]; [0052]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 21:
One or more non-transitory computer-readable media storing instructions that, when executed, cause:
sending, for a first portion of a content item, a first base feed at a first base bitrate; and a differential feed, configured to enhance quality of the first base feed, at a differential bitrate; and send a second base feed for a second portion of the content item at a second base bitrate: (Aloni teaches video signal is sent with multiple streams having different bit rates: Aloni abstract).
However, Aloni does not teach the second base bitrate is based on the differential bitrate, the first base bitrate, an allocated time to receive the first portion of the content item, and a time to receive the first base feed.
In similar art, Bruech teaches a plurality of streamlets having identical time indices and each streamlet of the set of streamlets having a unique bitrate (see, Brueck [0017]; [0019]; [0052]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Regarding claim 22:
In addition to the rejection claim 21, Aloni-Brueck further teaches send the differential feed by sending, based on reception of the first base feed before an anticipated point in time, the differential feed at the differential bitrate: (Brueck teaches a plurality of streamlets having identical time indices and each streamlet of the set of streamlets having a unique bitrate: Brueck [0017]; [0019]; [0052]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Brueck’s ideas into Aloni’s system in order to provide an efficient data transmission network (see Brueck, [0011]).
Claims 7, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Aloni-Brueck in view of Hurst et al. (US 20230344888)
Regarding claim 7:
Aloni-Brueck discloses the invention substantially as disclosed in claim 1, but does not explicitly teach sending a second feed for the content item at a base bitrate, wherein the base bitrate is based on an allocated time to receive the first portion of the feed and a time to receive the requested differential data.
In similar art, Hurst teaches generate a plurality of streamlets having identical time indices and durations, and varying bitrates (see, Hurst [0065]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Hurst’s ideas into Aloni-Brueck’s system in order to save resources and development time by implying Hurst’s ideas into Aloni- Brueck’s system.
Regarding claim 15:
Aloni-Brueck discloses the invention substantially as disclosed in claim 9, but does not explicitly teach sending a second feed for the content item at a base bitrate, wherein the base bitrate is based on an allocated time to receive the first portion of the feed and a time to receive the requested differential data.
In similar art, Hurst teaches generate a plurality of streamlets having identical time indices and durations, and varying bitrates (see, Hurst [0065]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Hurst’s ideas into Aloni-Brueck’s system in order to save resources and development time by implying Hurst’s ideas into Aloni- Brueck’s system.
Claims 8, 16, 19, 23 are rejected under 35 U.S.C. 103 as being unpatentable over Aloni-Brueck in view of Furbeck et al. (US 20140247722)
Regarding claim 8:
Aloni-Brueck discloses the invention substantially as disclosed in claim 1, but does not explicitly teach send a second portion of a second feed for the content item; and send, at a bitrate based on a bitrate at which the second portion of the second feed was sent, second differential data for the second portion of the second feed.
In similar art, Furbeck teaches sender may adapted to send consequent data with lower birate as requested: Furbeck [0108]-[0109]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Furbeck’s ideas into Aloni-Brueck’s system in order to provide an efficient data transmission network (see Furbeck, [0006]).
Regarding claim 16:
Aloni-Brueck discloses the invention substantially as disclosed in claim 9, but does not explicitly teach send a second portion of a second feed for the content item; and send, at a bitrate based on a bitrate at which the second portion of the second feed was sent, second differential data for the second portion of the second feed: (sender may adapted to sending consequent data with lower birate as requested: Furbeck [0108]-[0109]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Furbeck’s ideas into Aloni-Brueck’s system in order to provide an efficient data transmission network (see Furbeck, [0006]).
Regarding claim 19:
Aloni-Brueck discloses the invention substantially as disclosed in claim 17, but does not explicitly teach determine a reduction in network throughput, and wherein the second base bitrate is lower than the first base bitrate based on the reduction in network throughput.
In similar art, Furbeck teaches sender may adapted to send consequent data with lower birate as requested: Furbeck [0108]-[0109]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Furbeck’s ideas into Aloni-Brueck’s system in order to provide an efficient data transmission network (see Furbeck, [0006]).
Regarding claim 23:
Aloni-Brueck discloses the invention substantially as disclosed in claim 21, but does not explicitly teach determine a reduction in network throughput, and wherein the second base bitrate is lower than the first base bitrate based on the reduction in network throughput.
In similar art, Furbeck teaches sender may adapted to send consequent data with lower birate as requested: Furbeck [0108]-[0109]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Furbeck’s ideas into Aloni-Brueck’s system in order to provide an efficient data transmission network (see Furbeck, [0006]).
Claims 20, 24 are rejected under 35 U.S.C. 103 as being unpatentable over Aloni-Brueck in view of Wu et al. (US 20080186917)
Regarding claim 20:
Aloni-Brueck discloses the invention substantially as disclosed in claim 17, but does not explicitly teach bitrate is further based on signal strength measurement.
In similar art, Wu teaches signal strength defined by bitrate (claim 6).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Wu’s ideas into Aloni-Brueck’s system in order to save resources and development time by implying Wu’s ideas into Aloni-Brueck’s system.
Regarding claim 24:
Aloni-Brueck discloses the invention substantially as disclosed in claim 21, but does not explicitly teach bitrate is further based on signal strength measurement.
In similar art, Wu teaches signal strength defined by bitrate (claim 6).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Wu’s ideas into Aloni-Brueck’s system in order to save resources and development time by implying Wu’s ideas into Aloni-Brueck’s system.
Conclusions
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/LAN DAI T TRUONG/ Primary Examiner, Art Unit 2444
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