Detailed Action
Claims 1-20 are pending.
Claims 1-20 are 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 § 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 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 1-20 of U.S. Patent No. 11,859,203. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims have a broader scope comparing to the patented claims and thus it would have been obvious to one ordinary skill in the art to omit/remove the additional limitation in the patent claims to achieve the instant claims.
Instant Claims
Patent Claims
1. An audience measurement meter associated with a media playback device, the audience measurement meter comprising: a processor; and memory having stored thereon computer readable instructions that, when executed by the processor, cause the audience measurement meter to perform operations comprising:
- based on receiving permission to access notifications from both (i) a first application programming interface (API) and (ii) a second API, obtaining, via the second API, a current audio playback state of the media playback device;
obtaining, via the second API, an audio playback start time of audio content being played back by the media playback device;
obtaining a current application being executed in a foreground of the media playback device; and
reporting indications of the audio playback start time and the current application.
1. An apparatus, comprising: at least one memory having stored therein machine-readable instructions; and at least one processor that, upon execution of the instructions, causes the apparatus to perform a set of operations including:
making a first determination that a permission level of a meter does not permit access to notifications of a first application programming interface (API), and, in response to making the first determination, requesting permission to access data of the first API; responsive to determining that permission to access data of the first API is granted, making a second determination that a media session notification is not available based on an indication accessed via the first API; in response to: (i) making the second determination, and (ii) determining that permission has been granted to access a second API different from the first API, obtaining audio metrics accessed via the second API, the audio metrics indicating at least a current audio playback state of the apparatus; in response to obtaining the audio metrics, obtaining foreground information, the foreground information indicating at least a current application being executed in a foreground of the apparatus; and generating a package of metrics, the package of metrics including at least the audio metrics and the foreground information.
8. (Previously Presented) The apparatus of claim 1, wherein the audio metrics include an audio playback start time.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,326,797. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims have a broader scope comparing to the patented claims and thus it would have been obvious to one ordinary skill in the art to omit/remove the additional limitation in the patent claims to achieve the instant claims.
Instant Claims
Patent Claims
1. An audience measurement meter associated with a media playback device, the audience measurement meter comprising: a processor; and memory having stored thereon computer readable instructions that, when executed by the processor, cause the audience measurement meter to perform operations comprising:
- based on receiving permission to access notifications from both (i) a first application programming interface (API) and (ii) a second API, obtaining, via the second API, a current audio playback state of the media playback device;
obtaining, via the second API, an audio playback start time of audio content being played back by the media playback device;
obtaining a current application being executed in a foreground of the media playback device; and
reporting indications of the audio playback start time and the current application.
1. An audience measurement meter associated with a media playback device, the audience measurement meter comprising: at least one processor; and memory having stored thereon computer readable instructions that, when executed by the at least one processor, cause the audience measurement meter to be configured to: make a first determination that a permission level of the audience measurement meter does not permit access to notifications of a first application programming interface (API), and, in response to making the first determination, requesting permission to access data of the first API; based on receiving access to notifications of the first API, make a second determination that a media session notification is not available based on an indication accessed via the first API; based on: (i) making the second determination, and (ii) receiving access to a second API different from the first API, obtain, via the second API, a current audio playback state of the media playback device;
obtain a current application being executed in a foreground of the media playback device; and report indications of the audio playback state and the current application.
3. (Previously Presented) The audience measurement meter of claim 1, wherein the computer readable instructions further cause, when executed by the at least one processor, the audience measurement meter to be configured to obtain, via the second API, an audio playback start time of audio content being played back by the media playback device.
Conclusion
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAMZA N ALGIBHAH whose telephone number is (571)270-7212. The examiner can normally be reached on 7:30 am - 3:30 pm.
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/HAMZA N ALGIBHAH/Primary Examiner, Art Unit 2457
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