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.
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 1-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12,335,549. Although the claims at issue are not identical, they are not patentably distinct from each other. For instance, note the following similarities between instant application claim 1 and US Pat. 12,335,549 claim 1.
Instant Application Claim 1
US Pat. 12,335,549 Claim 1
One or more non-transitory computer-readable media storing processor-executable instructions that, when executed by at least one processor, cause the at least one processor to:
receive a request from a user device, associated with a user, to record a content item;
A method comprising: receiving, by a computing device, a request from a user device, associated with a user, to record a content item;
determine, based on the content item, a predicted time window for receiving a request from the user device to watch the recorded content item;
determining, based on the content item, a predicted time window for receiving a request from the user device to watch the recorded content item;
determine, based on the content item, a confidence level for the predicted time window; and
determining, based on the content item, a confidence level for the predicted time window; and
cause, based on the confidence level, at least a portion of the recorded content item to be prepared for delivery to the user device.
causing, based on the confidence level, at least a portion of the recorded content item to be prepared for delivery to the user device.
Since claim 1 in the instant application is a broader recitation of claim 1 in Pat. 12,335,549 it would have been obvious to modify claim 1 in Pat. 12,335,549 to get claim 1 in the instant application.
Claim 2 of the instant application corresponds to patented claim 2.
Claim 3 of the instant application corresponds to patented claim 3.
Claim 4 of the instant application corresponds to patented claim 4.
Claim 5 of the instant application corresponds to patented claim 5.
Claim 6 of the instant application corresponds to patented claim 6.
Claim 7 of the instant application corresponds to patented claim 7.
Claim 8 of the instant application corresponds to patented claim 8.
Claim 9 of the instant application corresponds to patented claim 9.
Claim 10 of the instant application corresponds to patented claim 10.
Claim 11 of the instant application corresponds to patented claim 11.
Claim 12 of the instant application corresponds to patented claim 12.
Claim 13 of the instant application corresponds to patented claim 13.
Claim 14 of the instant application corresponds to patented claim 14.
Claim 15 of the instant application corresponds to patented claim 15.
Claim 16 of the instant application corresponds to patented claim 16.
Claim 17 of the instant application corresponds to patented claim 16.
Claim 18 of the instant application corresponds to patented claim 3.
Claim 19 of the instant application corresponds to patented claim 4.
Claim 20 of the instant application corresponds to patented claim 5.
Claim 21 of the instant application corresponds to patented claim 6.
Claim 22 of the instant application corresponds to patented claim 7.
Claim 23 of the instant application corresponds to patented claim 8.
Claim 24 of the instant application corresponds to patented claim 9
Claim 25 of the instant application corresponds to patented claim 10.
Claim 26 of the instant application corresponds to patented claim 11.
Claim 27 of the instant application corresponds to patented claim 12.
Claim 28 of the instant application corresponds to patented claim 13.
Claim 29 of the instant application corresponds to patented claim 14.
Claim 30 of the instant application corresponds to patented claim 15.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at (571)272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEXANDER Q HUERTA/Primary Examiner, Art Unit 2425 June 10, 2026
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