DETAILED ACTION
Claims 1-20 are pending in this application.
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 1-23 of U.S. Patent No. 11,700,431. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application and the Patent 11,700,431 both recite features regarding transcoding first and second portions of content.
Instant Application
US 11,700,431
A method comprising:
transcoding, based on metadata corresponding to one or more portions of a content item and before receiving a request for the content item in a first format, a first portion of the content item from a second format to the first format;
receiving, from a requesting device after transcoding the first portion, the request for the content item in the first format; and
after receiving the request:
sending, to the requesting device, the transcoded first portion; and
transcoding a second portion of the content item from the second format to the first format.
10. A computing device comprising:
one or more processors; and
memory storing instructions that, when executed by the one or more processors, cause the computing device to:
transcode, based on metadata corresponding to one or more portions of a content item and before receiving a request for the content item in a first format, a first portion of the content item from a second format to the first format;
receive, from a requesting device after transcoding the first portion, the request for the content item in the first format; and
after receiving the request:
send, to the requesting device, the transcoded first portion; and
transcode a second portion of the content item from the second format to the first format.
16. (New) One or more non-transitory computer-readable media storing instructions that, when executed, cause:
transcoding, based on metadata corresponding to one or more portions of a content item and before receiving a request for the content item in a first format, a first portion of the content item from a second format to the first format;
receiving, from a requesting device after transcoding the first portion, the request for the content item in the first format; and
after receiving the request:
sending, to the requesting device, the transcoded first portion; and
transcoding a second portion of the content item from the second format to the first format.
1. A method comprising:
receiving, by a computing device, usage information associated with a first portion of a content item;
transcoding, based on the usage information and before receiving a request for the content item in a first format, the first portion from a second format to the first format;
receiving, from a requesting device after transcoding the first portion, the request for the content item in the first format; and
after receiving the request: sending, to the requesting device, the transcoded first portion; and
transcoding a second portion of the content item from the second format to the first format.
13. A method comprising:
determining, based on historical usage of a content item:
a first portion, of the content item, for transcoding prior to receiving a request for the content item; and
a second portion, of the content item, for transcoding after receiving the request for the content item;
transcoding the first portion prior to receiving the request for the content item;
receiving, from a requesting device and after transcoding the first portion, the request for the content item; and
after receiving the request for the content item:
sending, to the requesting device, the transcoded first portion; and
transcoding the second portion of the content item.
Conclusion
Claims 1-20 are rejected.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 11140437 B2 Luthra; Ajay K. et al. – transfer of content between end user devices
US 9843656 B2 Eswaran; Krishnan et al. – live transcoding
US 20170353768 A1 Muvavarirwa; Ranga – cloud based transcoding
US 20170199886 A1 Perrine; Dean et al. – global and local storage
US 20160261912 A1 Gratton; Max S. – placeshifting with format conversion
US 9088634 B1 Corley; Jonathan B. et al. – dynamic transcoding
US 20130290697 A1 Wang; Xin et al. – adaptive streaming format conversion
US 20080001791 A1 Wanigasekara-Mohotti; Don H. et al. – transcoding of files
Inquiries
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSHFIKH I ALAM whose telephone number is (571)270-1710. The examiner can normally be reached 1:00PM-9:00PM.
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MUSHFIKH I. ALAM
Primary Examiner
Art Unit 2426
/MUSHFIKH I ALAM/Primary Examiner, Art Unit 2426 7/2/2026
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