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 .
Interview Summary
To expedite prosecution, Examiner called and emailed Jonathan Lombardo on 6/29/26 and 7/9/26, respectively, to discuss allowability of the application. However, no response was received.
Drawings
The drawings are objected to because all diagrams and features in Figures 1, 2, 4-8, and 12 are required to be distinctly labeled to indicate contents or function with legends (37 C.F.R. 1.83(a), 1.84(o)) since they are necessary for understanding of the drawing. Correction is required.
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 1-20 of U.S. Patent No. 12,401,787. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the application are broader than the ones in the patent (214 U.S.P.Q. 761 In re Van Ornum and Stanz).
19/284,418
12,401,787
A method comprising:
encoding a plurality of blocks of content, wherein the plurality of blocks comprises a portion of each frame of the plurality of frames of the content, and wherein the plurality of blocks are interlaced in a same order as the plurality of frames;
and causing output of at least a same quantity of the plurality of blocks as the quantity of the plurality of frames to cause decoding, by a computing device, of a full-length fragment of the content.
A method comprising: receiving, from a computing device, a request for video content; determining a quantity of a plurality of frames of the video content; encoding a plurality of blocks of the video content, wherein each block, of the plurality of blocks, comprises a portion of each frame of the plurality of frames, and wherein the plurality of blocks are interlaced in a same order as the plurality of frames; and sending, to the computing device, at least a same quantity of the plurality of blocks as the quantity of the plurality of frames to cause decoding, by the computing device, of a full-length fragment of the video content.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
20250288906 discloses DISPLAY DEVICE AND CONTROL METHOD THEREOF
20250030873 discloses CODED VIDEO TRANSMISSION CONCEPT
20240163429 discloses VISUAL DATA TRANSMISSION BY AN AIR-GAPPED SYSTEM
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOUNG LEE whose telephone number is (571)272-7334. The examiner can normally be reached M - F, 11 - 7.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jay Patel can be reached at 571-272-2988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Y LEE/ Primary Examiner, Art Unit 2485
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