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
Claims 1–30 have been submitted for examination.
Claims 1–30 have been examined and 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 §§ 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.
Claims 1–30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–30 of U.S. Patent No. 11,729,434.
US 19/241,263 Claim 1
US 11,729,434 Claim 1
A system, comprising: a computer device;
A system, comprising: a computer device;
a network interface; and
a network interface;
non-transitory computer readable memory having program instructions stored thereon that when executed by the computing device cause the system to perform operations comprising:
non-transitory computer readable memory having program instructions stored thereon that when executed by the computing device cause the system to perform operations comprising:
populating memory with redirect locators, the redirect locators corresponding to a first set of media comprising one or more items of media;
populating, using a locator proxy service, a redirect data store with redirect locators, the redirect locators corresponding to default media;
receiving from a user device video player, via the network interface, a request for an item of video content;
receiving from a user device video player, via the network interface, a request for an item of video content;
generating a file, the file comprising locators corresponding to: one or more redirect data store entries storing redirect locators to default media;
at least partly in response to the request for an item of video content, transmitting, using the network interface, one or more locators corresponding to respective memory entries storing redirect locators to the one or more items of media in the first set of media to the user device;
at least partly in response to the request for an item of video content, transmitting, using the network interface, the file comprising one or more locators corresponding to respective redirect data store entries storing redirect locators to default media to the user device;
substituting a redirect locator to at least a first item of media in the first set of media in the memory with a redirect locator corresponding to a second item of media different than the first item of media associated with the substituted redirect locator;
in response to a first event, replacing a redirect locator in the redirect data store with a redirect locator corresponding to media different than default media associated with the replaced redirect locator;
receiving a request from the user device video player for media, the request directed to a memory location storing the redirect locator corresponding to the second item of media; and
receiving a request from the user device video player for media, the request directed to a redirect database location storing the redirect locator corresponding to the media different than the default media associated with the replaced redirect locator; and
at least partly in response to receiving the request for media, the request directed to the memory location, the memory location storing the redirect locator corresponding to the second item of media, enabling the second item of media to be streamed to the user device.
at least partly in response to receiving the request for media, the request directed to the redirect database location, the redirect database location storing the redirect locator corresponding to the media different than the default media, enabling the media different than the default media to be streamed to the user device.
Claims 1, 12, and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,729,434. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 12, and 23 are anticipated by the conflicting patented claim 1 as shown in the table above. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Instant dependent claims 2–11, 13–22, and 24–30 contain similar limitations as patented dependent claims 2–11, 13–22, and 24–30 and are rejected for similar reasons as independent claims 1, 12, and 23.
Claims 1–30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–30 of U.S. Patent No. 12,047,615.
US 19/241,263 Claim 1
US 12,047,615 Claim 1
A system, comprising: a computer device;
A system, comprising: a computer device;
a network interface; and
a network interface; and
non-transitory computer readable memory having program instructions stored thereon that when executed by the computing device cause the system to perform operations comprising:
non-transitory computer readable memory having program instructions stored thereon that when executed by the computing device cause the system to perform operations comprising:
populating memory with redirect locators, the redirect locators corresponding to a first set of media comprising one or more items of media;
populating, using a locator proxy service, a redirect data store with redirect locators, the redirect locators corresponding to a first set of media comprising one or more items of media;
receiving from a user device video player, via the network interface, a request for an item of video content;
receiving from a user device video player, via the network interface, a request for an item of video content;
accessing a file, the file comprising locators corresponding to: one or more redirect data store entries storing redirect locators to the one or more items of media in the first set of media;
at least partly in response to the request for an item of video content, transmitting, using the network interface, one or more locators corresponding to respective memory entries storing redirect locators to the one or more items of media in the first set of media to the user device;
at least partly in response to the request for an item of video content, transmitting, using the network interface, the file comprising one or more locators corresponding to respective redirect data store entries storing redirect locators to the one or more items of media in the first set of media to the user device;
after transmitting the file comprising locators corresponding to redirect data store entries storing redirect locators to the one or more items of media in the first set of media,
substituting a redirect locator to at least a first item of media in the first set of media in the memory with a redirect locator corresponding to a second item of media different than the first item of media associated with the substituted redirect locator;
replacing a redirect locator to at least a first item of media in the first set of media in the redirect data store with a redirect locator corresponding to a second item of media different than the first item of media associated with the replaced redirect locator;
receiving a request from the user device video player for media, the request directed to a memory location storing the redirect locator corresponding to the second item of media; and
receiving a request from the user device video player for media, the request directed to a redirect database location storing the redirect locator corresponding to the second item of media; and
at least partly in response to receiving the request for media, the request directed to the memory location, the memory location storing the redirect locator corresponding to the second item of media, enabling the second item of media to be streamed to the user device.
at least partly in response to receiving the request for media, the request directed to the redirect database location, the redirect database location storing the redirect locator corresponding to the second item of media, enabling the second item of media to be streamed to the user device.
Claims 1, 12, and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,729,434. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 12, and 23 are anticipated by the conflicting patented claim 1 as shown in the table above. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Instant dependent claims 2–11, 13–22, and 24–30 contain similar limitations as patented dependent claims 2–11, 13–22, and 24–30 and are rejected for similar reasons as independent claims 1, 12, and 23.
Claims 1–30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–30 of U.S. Patent No. 12,356,026.
US 19/241,263 Claim 1
US 12,356,026 Claim 1
A system, comprising: a computer device;
A system, comprising: a computer device;
a network interface; and
a network interface; and
non-transitory computer readable memory having program instructions stored thereon that when executed by the computing device cause the system to perform operations comprising:
non-transitory computer readable memory having program instructions stored thereon that when executed by the computing device cause the system to perform operations comprising:
populating memory with redirect locators, the redirect locators corresponding to a first set of media comprising one or more items of media;
populating, using a locator proxy service, a redirect data store with redirect locators, the redirect locators corresponding to a first set of media comprising one or more items of media;
receiving from a user device video player, via the network interface, a request for an item of video content;
receiving from a user device video player, via the network interface, a request for an item of video content;
accessing a file, the file comprising locators corresponding to: one or more redirect data store entries storing redirect locators to the one or more items of media in the first set of media;
at least partly in response to the request for an item of video content, transmitting, using the network interface, one or more locators corresponding to respective memory entries storing redirect locators to the one or more items of media in the first set of media to the user device;
at least partly in response to the request for an item of video content, transmitting, using the network interface, the file comprising one or more locators corresponding to respective redirect data store entries storing redirect locators to the one or more items of media in the first set of media to the user device;
after transmitting the file comprising locators corresponding to redirect data store entries storing redirect locators to the one or more items of media in the first set of media,
substituting a redirect locator to at least a first item of media in the first set of media in the memory with a redirect locator corresponding to a second item of media different than the first item of media associated with the substituted redirect locator;
replacing a redirect locator to at least a first item of media in the first set of media in the redirect data store with a redirect locator corresponding to a second item of media different than the first item of media associated with the replaced redirect locator;
receiving a request from the user device video player for media, the request directed to a memory location storing the redirect locator corresponding to the second item of media; and
receiving a request from the user device video player for media, the request directed to a redirect database location storing the redirect locator corresponding to the second item of media; and
at least partly in response to receiving the request for media, the request directed to the memory location, the memory location storing the redirect locator corresponding to the second item of media, enabling the second item of media to be streamed to the user device.
at least partly in response to receiving the request for media, the request directed to the redirect database location, the redirect database location storing the redirect locator corresponding to the second item of media, enabling the second item of media to be streamed to the user device.
Claims 1, 12, and 23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,356,026. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1, 12, and 23 are anticipated by the conflicting patented claim 1 as shown in the table above. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Instant dependent claims 2–11, 13–22, and 24–30 contain similar limitations as patented dependent claims 2–11, 13–22, and 24–30 and are rejected for similar reasons as independent claims 1, 12, and 23.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL B PIERORAZIO whose telephone number is (571)270-3679. The examiner can normally be reached Monday - Thursday, 8am - 5pm.
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/MICHAEL B. PIERORAZIO/Primary Examiner, Art Unit 2426
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