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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`11/680,452
`
`02/28/2007
`
`Chuck Jennings
`
`406855
`
`5285
`
`01/27/2015 —POLSINELLIPC m
`
`7590
`27148
`
`
`BLA <’ DOUGLAS B
`900 WEST 48TH PLACE
`SUITE 900
`KANSAS CITY, MO 64112-1895
`
`PAPER NUMBER
`
`2442
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/27/2015
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`uspt @polsinelli.c0m
`
`PTOL—90A (Rev. 04/07)
`
`
`
`
`
`Applicant(s)
`Application No.
` 11/680,452 JENNINGS ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`DOUGLAS BLAIR its“ 2442
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 11/24/2014.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)|:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI C|aim(s) Lows/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 12/17/14 and 12/19/14.
`4) CI Other: —-
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20141202
`
`is/are allowed.
`6 El Claim s)
`s L06 is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:I C|aim(s
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`
`hit
`:i/wwwusnto. ov/ atentS/init events/
`iindex.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)|:l objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`
`
`Application/Control Number: 11/680,452
`
`Page 2
`
`Art Unit: 2442
`
`The present application is being examined under the pre—AIA first to invent provisions.
`
`DETAILED ACTION
`
`Response to Arguments
`
`Applicant’s arguments with respect to claims 6— 106 have been considered but are moot
`
`because the arguments do not apply to any of the references as they are being used in the current
`
`rejection.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of pre—AIA 35 USC. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless ,
`
`(e) the invention was described in (1) an application for patent, published under section 122(b), by
`another filed in the United States before the invention by the applicant for patent or (2) a patent granted
`on an application for patent by another filed in the United States before the invention by the applicant
`for patent, except that an international application filed under the treaty defined in section 351(a) shall
`have the effects for purposes of this subsection of an application filed in the United States only if the
`international application designated the United States and was published under Article 21(2) of such
`treaty in the English language.
`
`Claim 6, 17—19, 22, 57, 24—27, 41, 52—54, 59—62, 79—87, 88, and 93—102 are rejected under
`
`pre—AIA 35 USC. 102(e) as being anticipated by US. Patent Number 6,389,467 to Eyal.
`
`As to claim 6, Eyal teaches a method comprising: receiving, by a management system via
`
`a communication network and from a communication device, a request associated with a user of
`
`the communication device to have media streamed to the communication device, the
`
`management system comprising a combination of hardware and software (col. 1, lines 64 and
`
`65); using at least one rule associated with the media to generate an identification of a plurality
`
`of portions of the media (col. 11, lines 45-52); determining, by the management system, a
`
`
`
`Application/Control Number: 11/680,452
`
`Page 3
`
`Art Unit: 2442
`
`plurality of resources other than the management system available to facilitate streaming of the
`
`plurality of portions of the media to the communication device (col. 1 line 66-col. 2, line 1); and
`
`transmitting, from the management system to the communication device, (i) an identification of
`
`the plurality of portions of the media (col. 2, lines 2 and 3) and (ii) information for use by the
`
`communication device identifying how to communicate with each of the plurality of resources to
`
`cause the plurality of portions of the media to be streamed to the communication device (col. 2,
`
`lines 3-6).
`
`As to claim 41, Eyal teaches a system comprising: a management system comprising a
`
`combination of hardware and software to: receive, via a communication network and from a
`
`communication device, a request associated with a user of the communication device to have
`
`media streamed to the communication device (col. 1, lines 52 and 53 and 64 and 65); use at
`
`least one rule associated with the media to generate an identification of a plurality of portions of
`
`the media (col. 11, lines 45-52); determine a plurality of resources other than the management
`
`system available to facilitate streaming of the plurality of portions of the media to the
`
`communication device (col. 1, lines 54-47 and col. 1 line 66-col. 2, line 1); and transmit to the
`
`communication device (i) an identification of the plurality of portions of the media (col. 1, lines
`
`59 and 60 and col. 2, lines 2 and 3) and (ii) information for use by the communication device
`
`identifying how to communicate with each of the plurality of resources to cause the plurality of
`
`portions of the media to be streamed to the communication device (col. 2, lines 3-6).
`
`
`
`Application/Control Number: 11/680,452
`
`Page 4
`
`Art Unit: 2442
`
`As to claim 79, Eyal teaches a method comprising: receiving, by a management system
`
`via a communication network and from a communication device, a request associated with a user
`
`of the communication device to have media streamed to the communication device, the
`
`management system comprising a combination of hardware and software (col. 1, lines 64 and
`
`65); determining, by the management system, a plurality of resources other than the management
`
`system available to facilitate streaming of the media to the communication device (col. 1 line 66-
`
`col. 2, line 1); and transmitting, from the management system to the communication device, (i)
`
`an identification of a plurality of portions of the media (col. 2, lines 2 and 3) and (ii) information
`
`for use by the communication device identifying how to communicate with each of the plurality
`
`of resources to cause the plurality of portions of the media to be streamed to the communication
`
`device (col. 2, lines 3-6).
`
`As to claim 93, Eyal teaches a system comprising: a management system comprising a
`
`combination of hardware and software to: receive, via a communication network and from a
`
`communication device, a request associated with a user of the communication device to have
`
`media streamed to the communication device (col. 1, lines 64 and 65); determine a plurality of
`
`resources other than the management system available to facilitate streaming of the media to the
`
`communication device (col. 1 line 66-col. 2, line 1); and transmit to the communication device
`
`(i) an identification of a plurality of portions of the media (col. 2, lines 2 and 3) and (ii)
`
`information for use by the communication device identifying how to communicate with each of
`
`the plurality of resources to cause the plurality of portions of the media to be streamed to the
`
`communication device (col. 2, lines 3-6).
`
`
`
`Application/Control Number: 11/680,452
`
`Page 5
`
`Art Unit: 2442
`
`As to claims 17 and 52, see col. 26, lines 19—32.
`
`As to claims 18 and 53, see col. 1, line 66—col. 2, line 1.
`
`As to claims 19 and 54, see col. 9, lines 5—12, the multiple sites qualify as "at least one of
`
`a switch, a media server, and a stream caster of the switch".
`
`As to claims 22, 57, 86 and 100, see col. 9, lines 5—12, the multiple sites described by
`
`Eyal would qualify as a routing processor. The applicant does not explicitly limit the definition
`
`of a routing processor.
`
`As to claims 24 and 59, see col. 12, lines 13—28 and col. 13, lines 9—36.
`
`As to claims 25, 26, 60, and 61, see col. 12, lines 64—67.
`
`As to claims 27 and 62, see col. 12, lines 37—63.
`
`As to claims 80, 81, 94, and 95, see col. 13, lines 1—8.
`
`As to claims 82 and 96, media player clearly receives a format that it can use to retrieve
`
`the media.
`
`As to claims 83 and 97, see col. 12, lines 37—63.
`
`As to claims 84 and 98, see col. 1, line 64—col. 2, line 6.
`
`As to claims 85 and 99, see col. 12, lines 37—63.
`
`
`
`Application/Control Number: 11/680,452
`
`Page 6
`
`Art Unit: 2442
`
`As to claims 87, 88, 101, and 102, see Figure 11 and corresponding text.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre—AIA 35 USC. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`Claims 7—14, 16, 42—49, and 51 are rejected under pre—AIA 35 USC. 103(a) as being
`
`unpatentable over US. Patent Number 6,389,467 to Eyal in View of US. Patent Number
`
`5,758,257 to Herz et al.
`
`As to claims 7 and 42, Eyal teaches the subject matter of claims 79 and 93 however Eyal
`
`does not explicitly teach the use of a Viewer profile to generate the identification for the plurality
`
`of portions of the media.
`
`Herz teaches a method and system for delivering media to a user comprising using a
`
`Viewer profile to generate identification of a plurality of portions of media (Figures 1 and 2).
`
`It would have been obvious to one of ordinary skill in the art at the time of the applicant's
`
`invention to combine the teachings of Eyal regarding providing media to a requester with the
`
`teachings of Herz regarding using a Viewer profile to select media because using a Viewer profile
`
`would enhance the selection based on search results used by Eyal without modifying the
`
`inventive concept of Eyal.
`
`
`
`Application/Control Number: 11/680,452
`
`Page 7
`
`Art Unit: 2442
`
`As to claim 8, Eyal teaches the subject matter of claims 79; however Eyal does not
`
`explicitly teach selecting other media based upon a viewer profile.
`
`Herz teaches a method of selecting other media to be included in a presentation
`
`comprising selecting, based on upon a viewer profile, other media, wherein the other media is
`
`not requested by the user of the communication device to be streamed to the communication
`
`device and transmitting the other media to the communication device (col. 47, line 2l—col. 48,
`
`line 22).
`
`It would have been obvious to one of ordinary skill in the art at the time of the applicant’s
`
`invention to combine the teachings of Eyal regarding providing media to a requester with the
`
`teachings of Herz regarding adding other media to a presentation because doing so can generate
`
`revenue through advertising for the media provider. Eyal does suggest the insertion of
`
`commercials (see col. 13, lines 1—8).
`
`As to claim 43, it is rejected for the same reasoning as claim 8.
`
`As to claims 9, 10, 44, and 45, see col. 47, line 2l—col. 48, line 22 of Herz.
`
`As to claims ll and 46, see col. 48, lines 5—22 of Herz.
`
`As to claim 47, Eyal teaches the subject matter of claims 93; however Eyal does not
`
`explicitly teach the selection of a media clip based on collected data associated with the user of a
`
`communication device.
`
`Herz teaches a method of selecting other media to be included in a presentation
`
`comprising collecting data and selecting a media clip based on the selected data (col. 39, line 20—
`
`col. 40, line 10).
`
`
`
`Application/Control Number: 11/680,452
`
`Page 8
`
`Art Unit: 2442
`
`It would have been obvious to one of ordinary skill in the art at the time of the applicant’s
`
`invention to combine the teachings of Eyal regarding providing media to a requester with the
`
`teachings of Herz regarding collecting data associated with a user for selecting media because
`
`using collected data can enhance the relevance of media for a particular user.
`
`As to claim 12, it is rejected for the same reasoning as claim 47.
`
`As to claims 13 and 48, see col. 38, lines 18—41 and col. 39, line 20—col. 40, line 10 of
`
`Herz.
`
`As to claims 14 and 49, see col. 47, line 2l—col. 48, line 22 of Herz.
`
`As to claims 16 and 51, they are rejected for the same reasoning as claims 7 and 42.
`
`Claims 15 and 50 are rejected under pre—AIA 35 U.S.C. 103(a) as being unpatentable
`
`over US. Patent Number 6,389,467 to Eyal in view of US. Patent Number 5,933,811 to Angles
`
`et al.
`
`As to claims 15 and 50, Eyal teaches the subject matter of claims 79 and 93 however Eyal
`
`does not explicitly teach the selection of other media to be included with a request based on
`
`revenue.
`
`Angles teaches a method and system for delivering media to a user comprising using a
`
`viewer profile to generate identification of a plurality of portions of media (col. 4, lines 17—26).
`
`It would have been obvious to one of ordinary skill in the art at the time of the applicant's
`
`invention to combine the teachings of Eyal regarding providing media to a requester with the
`
`teachings of Angles regarding selecting other media base done revenue because Eyal discusses
`
`commercials can be inserted into a playlist (see col. 13, lines 1—8) and Angles shows that revenue
`
`can be used to persuade a content provider to insert advertising.
`
`
`
`Application/Control Number: 11/680,452
`
`Page 9
`
`Art Unit: 2442
`
`Claims 20, 21, 55, and 56 are rejected under pre—AIA 35 U.S.C. 103(a) as being
`
`unpatentable over US. Patent Number 6,389,467 to Eyal in view of US. Patent Number
`
`6,654,807 to Farber et al.
`
`As to claims 20 and 55, Eyal teaches the subject matter of claims 19 and 93 but Eyal does
`
`not explicitly teach selecting a different resource if a resource is not available.
`
`Farber teaches a method of distributing data comprising selecting a different resource to
`
`facilitate streaming a portion of media if a resource is not able to stream the portion of media and
`
`transmitting an identification of a different resource to a communication device (See Figures 5
`
`and 6).
`
`It would have been obvious to one of ordinary skill in the art at the time of the applicant's
`
`invention to combine the teachings of Eyal regarding providing media to a requester with the
`
`teachings of Farber regarding selecting another resource when a first resource is unavailable
`
`because such a selection allows for a more efficient distribution of data (see background of
`
`Farber).
`
`As to claims 21 and 56, see Figures 5 and 6 of Farber.
`
`Claims 23, 28—35, 58, 63—78, 89—92 and 103—106 are rejected under pre—AIA 35 U.S.C.
`
`103(a) as being unpatentable over US. Patent Number 6,389,467 to Eyal in view of US. Patent
`
`Number 6,385,596 to Wiser.
`
`As to claims 23 and 58, Eyal teaches the subject matter of claims 22 and 57; however
`
`Eyal does not explicitly teach the generation of reservations comprising reservation IDs.
`
`
`
`Application/Control Number: 11/680,452
`
`Page 10
`
`Art Unit: 2442
`
`Wiser teaches a method comprising generating a reservation associated with streaming a
`
`portion of media to a communication device with the reservation comprising a reservation ID
`
`(see Figure 9).
`
`It would have been obvious to one of ordinary skill in the art at the time of the applicant's
`
`invention to combine the teachings of Eyal regarding providing media to a requester with the
`
`teachings of Wiser regarding reservations because reservations allow for a media providing to
`
`obtain compensation for media provided to a user (see background of Wiser).
`
`As to claims 28—35 and 63—70, Eyal teaches the subject matter of claims 79 and 93;
`
`however Eyal does not teach the claimed authorization techniques.
`
`Wiser teaches the claimed techniques for authorizing the use of media (see Figure 9 and
`
`corresponding text).
`
`It would have been obvious to one of ordinary skill in the art at the time of the applicant's
`
`invention to combine the teachings of Eyal regarding providing media to a requester with the
`
`teachings of Wiser regarding the authorized use of media because authorizing the use of media
`
`allows for compensation to be provided to a media producer (see background of Wiser).
`
`As to claims 71—78, Eyal teaches the subject matter of claims 79 and 93 however Eyal
`
`does not explicitly teach the claimed settlement methods.
`
`Wiser teaches the claimed settlement methods (see col. lS—col. 20).
`
`It would have been obvious to one of ordinary skill in the art at the time of the applicant's
`
`invention to combine the teachings of Eyal regarding providing media to a requester with the
`
`teachings of Wiser regarding settlement techniques because financial settlement provides a
`
`benefit for content providers to provide media over a network (see background of Wiser).
`
`
`
`Application/Control Number: 11/680,452
`
`Page 11
`
`Art Unit: 2442
`
`As to claims 89—92 and 103—106, Eyal teaches the subject matter of claims 24, 27, 53, and
`
`62 however Eyal does not explicitly teach embedding authentication information and reservation
`
`information in each URL.
`
`Wiser teaches a method of providing video via a URL including retrieving authentication
`
`and reservation information (col. 18, lines 9—55).
`
`It would have been obvious to one of ordinary skill in the art at the time of the applicant's
`
`invention to combine the teachings of Eyal regarding providing media to a requester with the
`
`teachings of Wiser regarding including authentication and reservation information in a URL
`
`because such information allows a server to determine whether a request for information is valid.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this
`
`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
`
`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
`
`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
`
`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
`
`
`
`Application/Control Number: 11/680,452
`
`Page 12
`
`Art Unit: 2442
`
`however, Will the statutory period for reply expire later than SIX MONTHS from the date of this
`
`final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DOUGLAS BLAIR Whose telephone number is (571)272—3893.
`
`The examiner can normally be reached on 9:00am-5:30pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Glen Burgess can be reached on (571) 272—3949. The fax phone number for the
`
`organization Where this application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—direct.uspto. gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/DOUGLAS BLAIR/
`
`Primary Examiner, Art Unit 2442
`
`
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