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 §§ 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).
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Claim 1-20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12342012. Although the claims at issue are not identical, they are not patentably distinct from each other because they are different definitions or descriptions of the same subject matter varying in breadth and because of the claims in the instant application are broader than the claims in '012.
A comparison of the claim language follows, where the similar language is underlined for identification:
U.S. Patent No. 12342012
Instant Application
19/221091
A computer implemented method for intelligently downloading content, comprising: receiving a request for the content from a user; downloading a first quality version of the content from a content server in response to the receiving the request; playing the first quality version of the content on a user device; in response to the playing, determining a second quality version of the content among a plurality of quality versions of the content to download based on a future time slot when the user intends to playback the content, wherein a resolution of the second quality version of the content is greater than a resolution of the first quality version of the content; in response to the determining, requesting the second quality version of the content; downloading the second quality version of the content in response to the requesting the second quality version of the content; discontinuing the downloading of the first quality version of the content based on the downloading of the second quality version of the content; and playing the second quality version of the content on the user device at a point in the content where the downloading of the first quality version of the content was discontinued.
A computer-implemented method for intelligently downloading content, comprising: downloading a first quality version of the content from a content server; outputting, by at least one computer processor, the first quality version of the content on a user device; in response to the outputting, determining a second quality version of the content among a plurality of quality versions of the content to download based on a future time slot for outputting the content, wherein a resolution of the second quality version of the content is lower than a resolution of the first quality version of the content; in response to the determining, requesting the second quality version of the content; downloading the second quality version of the content in response to the requesting the second quality version of the content; discontinuing the downloading of the first quality version of the content based on the downloading of the second quality version of the content; and outputting the second quality version of the content on the user device at a point in the content where the downloading of the first quality version of the content was discontinued
U.S. Patent No. 12342012
Instant Application
19/221091
8. A user device, comprising: at least one processor configured to: receive a request for content from a user; download a first quality version of the content from a content server in response to the receiving the request; play the first quality version of the content on the user device; in response to the playing, determine a second quality version of the content among a plurality of quality versions of the content to download based on a future time slot when the user intends to playback the content, wherein a resolution of the second quality version of the content is greater than a resolution of the first quality version of the content; in response to the determining, request the second quality version of the content; download the second quality version of the content in response to the requesting the second quality version of the content; discontinue the downloading of the first quality version of the content based on the downloading of the second quality version of the content; and play the second quality version of the content on the user device at a point in the content where the downloading of the first quality version of the content was discontinued.
A user device, comprising: one or more memories; and at least one processor each coupled to at least one of the memories and configured to perform operations comprising: downloading a first quality version of the content from a content server; outputting the first quality version of the content on the user device; in response to the outputting, determining a second quality version of the content among a plurality of quality versions of the content to download based on a future time slot for outputting the content, wherein a resolution of the second quality version of the content is lower than a resolution of the first quality version of the content; in response to the determining, requesting the second quality version of the content; downloading the second quality version of the content in response to the requesting the second quality version of the content; discontinuing the downloading of the first quality version of the content based on the downloading of the second quality version of the content; and outputting the second quality version of the content on the user device at a point in the content where the downloading of the first quality version of the content was discontinued.
U.S. Patent No. 12342012
Instant Application
19/221091
15. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device, cause the at least one computing device to perform operations comprising: receiving a request for content from a user; downloading a first quality version of the content from a content server in response to the receiving the request; playing the first quality version of the content on the at least one computing device; in response to the playing, determining a second quality version of the content among a plurality of quality versions of the content to download based on a future time slot when the user intends to playback the content, wherein a resolution of the second quality version of the content is greater than a resolution of the first quality version of the content; in response to the determining, requesting the second quality version of the content; downloading the second quality version of the content in response to the requesting the second quality version of the content; discontinuing the downloading of the first quality version of the content based on the downloading of the second quality version of the content; and playing the second quality version of the content on the at least one computing device at a point in the content where the downloading of the first quality version of the content was discontinued.
15. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device, cause the at least one computing device to perform operations comprising: downloading a first quality version of the content from a content server; outputting the first quality version of the content on the at least one computing device; in response to the outputting, determining a second quality version of the content among a plurality of quality versions of the content to download based on a future time slot for outputting the content, wherein a resolution of the second quality version of the content is lower than a resolution of the first quality version of the content; in response to the determining, requesting the second quality version of the content; downloading the second quality version of the content in response to the requesting the second quality version of the content; discontinuing the downloading of the first quality version of the content based on the downloading of the second quality version of the content; and outputting the second quality version of the content on the at least one computing device at a point in the content where the downloading of the first quality version of the content was discontinued.
Claims 2-7, 9-14 and 16-20 of the instant application are similar to claims 2-7, 10-14, 16-20 in patent application ‘012.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. 2002/0059642A1 to Russ et al. (“Russ”) discloses a master device interactively distributes a television signal to a remote device for remote display with low latency between a user input and a television signal change.
U.S. Patent Pub. NO. 2009/0328124 A! to Khouzam et al (“Khouzam”) discloses adaptive video switching for variable network conditions.
U.S Patent Pub. NO. 2002/0209005A11 to Shaver et al. (“Shaver”) discloses a systems and methods for a single development tool of unified online and offline content providing a similar viewing experience.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE A KURIEN whose telephone number is (571)270-5694. The examiner can normally be reached M-F; 7:30-4:30.
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/CHRISTINE A KURIEN/Examiner, Art Unit 2421
/NATHAN J FLYNN/Supervisory Patent Examiner, Art Unit 2421
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