`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 1 of 11
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`EXHIBIT E
`EXHIBIT E
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`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 2 of 11
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 2 of 11
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`Attorney Docket No.: 30160-0002003
`
`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Applicant
`Serial No.
`Filed
`Title
`
`: 2172
`Art Unit
`: Touchstream Technologies, Inc.
`: John M. Heffington
`Examiner
`: 13/736,590
`: 6845
`Conf. No.
`: January 8, 2013
`: PLAY CONTROL OF CONTENT ON A DISPLAY DEVICE
`
`Mail Stop Amendment
`Commissionerfor Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPLY TO ACTION OF OCTOBER25, 2013
`
`Please consider the following reply.
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`
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`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 3 of 11
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 3 of 11
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`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 2 of 10
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`Attorney’s Docket No.: 30160-0002003
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`Amendments to the Claims:
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`
`List of claims (replacing all
`prior versions and listings
`
`1.
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`2.
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`content.
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`(Canceled)
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`(Previously presented) The methodof claim 31 wherein the file stores audio
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`3.
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`(Previously presented) The method of claim 31 wherein the file stores video
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`content.
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`4.
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`(Previously presented) The method of claim 31 wherein the file stores
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`multimedia content.
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`5.
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`6.
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`7.
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`(Previously presented) The methodof claim 31 wherein the file stores images.
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`(Previously presented) The method of claim 31 wherein the file stores slides.
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`(Previously presented) The method of claim 31 wherein the file stores elements
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`of interactive content.
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`8.
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`(Previously presented) The method of claim 31 including loading, by the server
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`system, a set of protocols or application programminginterfaces from a library based on the
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`identity of the particular media player.
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`9.
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`(Previously presented) The methodof claim 31 wherein obtaining programming
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`code correspondingto the action control commandincludes accessing a look-uptable.
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`
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`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 4 of 11
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 4 of 11
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 3o0f 10
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`Attorney’s Docket No.: 30160-0002003
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`10.
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`(Original) The method of claim 9 wherein the look-up table stores a plurality of
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`specific commands, each of which represents, respectively, a commandfor a different media
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`player and each of which correspondsto the action control command.
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`11.
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`(Previously presented) The method of claim 31 wherein the action control
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`commandrepresents an instruction to play the content, to stop playing the content or to pause
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`playing the content.
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`12.
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`(Previously presented) The method of claim 31 wherein the synchronization code
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`is uniquely associated with the content presentation device on which the content is to be played.
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`13.
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`(Original) The method of claim 12 wherein assigning a synchronization code
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`includes assigning a randomly generated code to the content presentation device each time the
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`content presentation device connects to the server system.
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`14.
`
`(Currently amended) A system for controlling playing of content on a content
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`presentation device that loads anyoneofa plurality of different media players, the system
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`comprising:
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`a server system,
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`a database storing a relationship between a personal computing device and the content
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`presentation device based on a synchronization code assigned by the server system to the content
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`presentation device and received by the server system in a message generated by the personal
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`computing device, wherein the personal computing device is separate from the server system and
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`separate from the display device; and
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`wherein the server system is configured to receive one or more messages generated by
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`the personal computing device, the one or more messages, taken together, specify a file to be
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`acted upon, identify a particular media player for playing content from thefile, identify a
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`location of the particular media player, and include an action control commandfor controlling
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`playing of the content on the content presentation device by the particular media player;
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`
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`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 5 of 11
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 5 of 11
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`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 4of 10
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`Attorney’s Docket No.: 30160-0002003
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`one or more computer-readable mediastoring instructions that when executed by the
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`server system, cause the server system to identify programming code correspondingto the action
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`control command, wherein the programmingcodeis for controlling presentation by the particular
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`media player of the content by the content presentation device;
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`the server system being further configured to store information for transmission to or
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`retrieval by the content presentation device, wherein the information specifies the file to be acted
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`upon,identifies the particular media player for playing the content, and includes the
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`corresponding programming code to control playing of the content on the content presentation
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`device by the particular media player in accordance with the action control command,
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`wherein the content presentation device obtains the particular media player over a
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`network from a content provider and loadsthe particular media player in the content presentation
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`device if the particular media playeris not already loaded in the content presentation device, and
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`wherein the content presentation device uses the particular media player to execute the
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`programming code with respectto the file.
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`15.
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`(Original) The system of claim 14 wherein the file stores audio content.
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`16.
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`(Original) The system of claim 14 whereinthefile stores video content.
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`17.
`
`(Original) The system of claim 14 wherein the file stores multimedia content.
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`18.
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`(Original) The system of claim 14 wherein the file stores images.
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`19.
`
`(Original) The system of claim 14 whereinthefile stores slides.
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`20.
`
`(Original) The system of claim 14 whereinthe file stores elements of interactive
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`content.
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`21.
`
`(Original) The system of claim 14 including:
`
`a library storing protocols or application programminginterfaces,
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`
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`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 6 of 11
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 6 of 11
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: Sof 10
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`Attorney’s Docket No.: 30160-0002003
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`wherein the server system is configured to load a set of protocols or application
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`programminginterfaces from the library based on the identity of the particular media player.
`
`22.
`
`(Original) The system of claim 14 including:
`
`a look-up table storing a plurality of specific commands, each of whichrepresents,
`
`respectively, a commandfor a different media player and each of which correspondsto the
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`action control command,
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`wherein the server system is configured to obtain the programming code corresponding to
`
`the action control commandby accessing the look-up table.
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`23.
`
`(Original) The system of claim 14 wherein the synchronization code is uniquely
`
`associated with the content presentation device on whichthe contentis to be played.
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`24.
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`(Original) The system of claim 23 wherein the server system is configured to
`
`assign as the synchronization code a randomly generated code each time the content presentation
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`device connects to the server system.
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`25.
`
`(Currently amended) A methodof controlling presentation of content on a
`
`content presentation device that loads anyoneofa plurality of different media players, the
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`method comprising:
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`receiving, in a server system, a first message from a personal computing devicethatis
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`separate from the server system and separate from the content presentation device, wherein the
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`first message includes information based on a synchronization code assigned to the content
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`presentation device;
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`using the information based on the synchronization codethat is received in the server
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`system to store a record establishing an association between the personal computing device and
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`the content presentation device;
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`receiving, in the server system, a second message from the personal computing device,
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`the second messagespecifying a file to be acted upon,identifying a particular media player for
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`playing content from thefile, identifying a location of the particular media player, and including
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`
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`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 7 of 11
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 7 of 11
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 6o0f 10
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`Attorney’s Docket No.: 30160-0002003
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`an action control commandfor presentation of the content on the content presentation device by
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`the particular media player, the action control commandbeing independentofthe particular
`
`media player;
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`identifying, by the server system, programming code correspondingto the action control
`
`command, wherein the programming codeis for controlling presentation of the content by the
`
`content presentation device using the particular media player;
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`obtaining, by the content presentation device, the particular media player, wherein the
`
`particular media player is obtained over a network from a content provider;
`
`loading the particular media player in the content presentation device; and
`
`using the particular media player to execute the programming code with respect to the
`
`file.
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`26.
`
`(Previously presented) The method ofclaim 31 including:
`
`receiving, in the server system, a further message from the personal computing device,
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`the further message including a second action control command;
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`identifying second programming code correspondingto the second action control
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`command, wherein the second programming codeis for controlling presentation of the content
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`by the content presentation device using the particular media player; and
`
`using the particular media player to execute the second programming code with respect to
`
`the file.
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`27.
`
`(Currently amended) The method ofclaim 31 including:
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`receiving, in the server system, a further message from the personal computing device,
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`the further message specifying a secondfile to be acted upon, identifying a second media player
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`for playing second content from the secondfile, identifying a location of the second media
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`player, and including a second action control commandfor presentation of the second content on
`
`the content presentation device by the second media player;
`
`identifying second programming code correspondingto the second action control
`
`command, wherein the second programming codeis for controlling presentation of the second
`
`content by the content presentation device using the second media player;
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`
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`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 8 of 11
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 8 of 11
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 7of 10
`
`Attorney’s Docket No.: 30160-0002003
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`obtaining, by the content presentation device, the second media player, wherein the
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`second media player is obtained over a network from a second content provider;
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`loading the second media player in the content presentation device; and
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`using the second media player to execute the second programming code corresponding to
`
`the second action control commandwith respect to the secondfile.
`
`28.
`
`(Currently amended) A machine-implemented methodof controlling presentation
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`of content on a content presentation device that loads anyoneof a plurality of different media
`
`players, the method comprising:
`
`receiving, in a server system, one or more messages generated by a personal computing
`
`device that is separate from the server system and separate from the content presentation device,
`
`wherein the one or more messages, collectively, include information based on a unique
`
`identification associated with the content presentation device, specify a file to be acted upon,
`
`identify a particular media player for playing content from thefile, identify a location of the
`
`particular media player, and include an action control commandfor presentation of the content
`
`on the content presentation device by the particular media player, the action control command
`
`being independentofthe particular media player;
`
`using the information that is based on the unique identification associated with the
`
`content presentation device andthat is received in the server system to store a record establishing
`
`an association between the personal computing device and the content presentation device;
`
`identifying, by the server system, programming code correspondingto the action control
`
`command, wherein the programming codeis for controlling presentation by the particular media
`
`player of the content by the content presentation device;
`
`obtaining, by the content presentation device, the particular media player, wherein the
`
`particular media player is obtained over a network from a content provider;
`
`loading the particular media player in the content presentation device; and
`
`using the particular media player to execute the programming code with respect to the
`
`file.
`
`
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`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 9 of 11
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 9 of 11
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 8of 10
`
`Attorney’s Docket No.: 30160-0002003
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`29.
`
`(Original) The method of claim 28 wherein obtaining programming code
`
`corresponding to the action control command includes accessing a look-up table.
`
`30.
`
`(Original) The method of claim 29 wherein the look-up table stores a plurality of
`
`specific commands, each of whichrepresents, respectively, a commandfor a different media
`
`player and each of which correspondsto the action control command.
`
`31.
`
`(Currently amended) A method of controlling presentation of content on a
`
`content presentation device that loads anyoneofa plurality of different media players, the
`
`method comprising:
`
`receiving, in a server system, one or more messages from a personal computing device
`
`that is separate from the server system and separate from the content presentation device,
`
`wherein the one or more messages, taken together, include information associated with a
`
`synchronization code assigned to the content presentation device, specify a file to be acted upon,
`
`identify a particular media player for playing content from thefile, identify a location of the
`
`particular media player, and include an action control commandfor presentation of the content
`
`on the content presentation device by the particular media player, the action control command
`
`being independentofthe particular media player;
`
`using the information associated with the synchronization codeto store a record
`
`establishing an association between the personal computing device and the content presentation
`
`device;
`
`identifying, by the server system, programming code correspondingto the action control
`
`command, wherein the programming codeis for controlling presentation of the content by the
`
`content presentation device using the particular media player;
`
`obtaining, by the content presentation device, the particular media player, wherein the
`
`particular media player is obtained over a network from a content provider;
`
`loading the particular media player in the content presentation device; and
`
`using the particular media player to execute the programming code with respect to the
`
`file.
`
`
`
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 10 of 11
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 10 of 11
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 9of 10
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`Attorney’s Docket No.: 30160-0002003
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`Claims 2-31 are presented for further examination.
`
`REMARKS
`
`Summary of Examiner telephone interview
`
`The undersigned attorney thanks Examiner Heffington and supervising Examiner Pesin
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`for the courtesy of the telephone interview held on October 31, 2013. Independent claim 31 was
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`discussed, as were the following references: US 2008/0301737 (Hjelmeland Almas), US
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`2002/0146122 (Vestergaard) and US 2006/0062544 (Southwood).
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`Examiner Hufington then proposed several amendments for applicant’s consideration,
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`any one of which in the Examiners’ view would patentably distinguish the claims from the
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`references of record. One of the suggestions proposed by the Examiners was to amendthe
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`independentclaimsto recite that, collectively, the one or more messagesreceived in the server
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`system from the personal computing device identify the “location of the media player” for
`playing the content from thespecifiedfile.’
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`Applicant wishes to thank the Examiners for their helpful suggestion(s).
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`Amendmentsto the claims
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`Applicant has amended the claims in accordance with the Examiner’s suggestion. Thus,
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`independent claim 14, for example, is amendedto recite that the one or more messages, taken
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`together, specify a file to be acted upon, identify a particular media player for playing content
`
`from the file, identify a location of the particular media player, and include an action control
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`commandfor controlling playing of the content on the content presentation device by the
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`particular media player. Support for this feature can be found, for example, at page 6, line 11 of
`
`the Specification.
`
`' Anotherpossibility suggested by the Examiner was to amendtheclaimsto clarify that the
`synchronization code includes a QR code scanned by the personal computing device.
`
`
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`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 11 of 11
`Case 6:21-cv-00569-ADA Document 25-6 Filed 12/16/21 Page 11 of 11
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`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`:
`10 of 10
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`Attorney’s Docket No.: 30160-0002003
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`Independentclaims 25, 28 and 31, as well as dependent claim 27, are amended along
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`similar lines.
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`In view of the foregoing amendments, applicant respectfully requests withdrawal of the
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`rejections and allowance ofthe claims.
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`Conclusion
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`It is believed that all of the pending claims have been addressed. However, the absence
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`of a reply to a specific rejection, issue or comment doesnotsignify agreement with or
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`concession ofthat rejection, issue or comment. In addition, because the arguments made above
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`may not be exhaustive, there may be reasons for patentability of any or all pending claims (or
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`other claims) that have not been expressed. Finally, nothing in this paper should be construed as
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`an intent to concede any issue with regard to any claim, except as specifically stated in this
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`paper, and the amendmentof any claim does not necessarily signify concession of
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`unpatentability of the claim prior to its amendment.
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`Please apply any necessary chargesor credits to Deposit Account 06-1050, referencing
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`the above attorney docket number.
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`Respectfully submitted,
`
`/Samuel Borodach/
`Samuel Borodach
`Reg. No. 38,388
`
`
`Date: November6, 2013
`
`Customer Number 26211
`Fish & Richardson P.C.
`Telephone: (212) 765-5070
`Facsimile:
`(877) 769-7945
`
`30806838.doc
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