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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, 14-18 of U.S. Patent No. 12,348,824. Although the claims at issue are not identical, they are not patentably distinct from each other because the patented claims fully disclose and encompass the claimed limitations of the instant application with any language differences being obvious variations therein.
For example, claim 1 of the instant application corresponds to claims 1 & 10 of U.S. Patent No. 12,348,824.
Application 19/241,130
1.A method, comprising:
U.S. Patent No. 12,348,824.
1.A method, comprising:
providing, from a playback queue of a plurality of audio items, a played audio item of the plurality of audio items for playback, wherein the played audio item does not include video content;
displaying a first user interface that includes a representation of a video content item associated with a first audio item, wherein the video content item includes audio content that is distinct from audio content from the first audio item;
while providing the played audio item for playback,
displaying a first user interface for the played audio item that includes a representation of a video content item associated with a first audio item, wherein the video content item includes audio content that is distinct from audio content from the first audio item;
receiving a first user input selecting the representation of the video content item in the first user interface;
receiving a first user input selecting the representation of the video content item in the first user interface;
in response to the first user input:
providing a second user interface for browsing a plurality of video content items, including (i) the video content item associated with the first audio item and (ii) one or more other video content items respectively associated with one or more other audio items distinct from the first audio item,
wherein each respective video content item of the one or more other video content items in the second user interface for browsing the plurality of video content items is displayed with a representation of the respective audio item that is associated with the respective video content item;
in response to the first user input:
providing a second user interface for browsing a plurality of video content items, including (i) the video content item associated with the first audio item and (ii) one or more other video content items respectively associated with one or more other audio items distinct from the first audio item;
10. The method of claim 1,
wherein each respective video content item of the one or more other video content items in the second user interface for browsing the plurality of video content items is displayed with a representation of the respective audio item that is associated with the respective video content item.
while providing a second video content item of the one or more other video content items displayed in the second user interface, detecting a second user input selecting a representation of a second audio item that is associated with the second video content item of the one or more other video content items displayed in the second user interface, the second audio item including audio content that is distinct from audio content from the second video content item; and
while providing a second video content item of the one or more other video content items displayed in the second user interface, detecting a second user input selecting a representation of a second audio item that is associated with the second video content item of the one or more other video content items displayed in the second user interface, the second audio item including audio content that is distinct from audio content from the second video content item; and
in response to the second user input selecting the second audio item, providing, in the first user interface, the second audio item and ceasing to provide the second video content item in the second user interface for browsing a plurality of video content items.
in response to the second user input selecting the second audio item, providing, in the first user interface, the second audio item and ceasing to provide the second video content item in the second user interface for browsing a plurality of video content items.
Claims 2-9 correspond to claims 2-9 of U.S. Patent No. 12,348,824.
Claim 10 corresponds to claim 11 of U.S. Patent No. 12,348,824.
Claim 11 corresponds to claim 14 of U.S. Patent No. 12,348,824.
Claim 12 corresponds to claim 15 of U.S. Patent No. 12,348,824.
Claim 13 corresponds to claim 16 of U.S. Patent No. 12,348,824.
Claim 14 corresponds to claim 17 of U.S. Patent No. 12,348,824.
Claim 15 corresponds to claim 18 of U.S. Patent No. 12,348,824.
Claim 16 corresponds to claims 1 & 10 of U.S. Patent No. 12,348,824.
Claim 17 corresponds to claim 2 of U.S. Patent No. 12,348,824.
Claim 18 corresponds to claim 3 of U.S. Patent No. 12,348,824.
Claim 19 corresponds to claim 4 of U.S. Patent No. 12,348,824.
Claim 20 corresponds to claims 1 & 10 of U.S. Patent No. 12,348,824.
Allowable Subject Matter
Claims 1-20 would be allowable upon timely filing of a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) to overcome the nonstatutory double patenting rejections indicated above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James R Sheleheda whose telephone number is (571)272-7357. The examiner can normally be reached M-F 8 am-5 pm CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Bruckart can be reached at (571) 272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James R Sheleheda/Primary Examiner, Art Unit 2424
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