`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`
`11/680,452
`
`02/28/2007
`
`Chuck Jennings
`
`081009-406855 (DIVZ)
`
`5285
`
`759°
`””8
`POLSINELLI PC
`
`900 WEST 48TH PLACE
`SUITE 900
`
`12/07/2018
`
`KANSAS CITY, MO 64112-1895
`
`BLAIR DOUGLAS B
`
`2442
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/07/2018
`
`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.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`Off/09 A0170” Summary
`
`Application No.
`11/680,452
`Examiner
`DOUGLAS B BLAIR
`
`Applicant(s)
`Jennings et al.
`Art Unit
`2442
`
`AIA Status
`No
`
`- 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 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
`
`Status
`
`1). Responsive to communication(s) filed on 10/2/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] 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 Expa/te Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`6—35 and 41—132 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 6—35 and 41—132 is/are rejected.
`
`[:1 Claim(s) _
`
`is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. 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
`
`http://www.uspto.gov/patents/Init events/pph/Index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D 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):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
`
`b)I:I Some**
`
`C)C] None of the:
`
`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] 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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20181203
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`The present application is being examined under the pre-AIA first to invent provisions.
`
`Continued Examination Under 37 CFR 1.114
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this application is eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
`
`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
`
`submission filed on 10/2/2018 has been entered.
`
`Response to Amendment
`
`The applicant’s amendments have overcome the written description issues presented in the last
`
`office action. The applicant’s amends have also created new written description issues presented in the
`
`current office action. The applicant is encouraged to read the disclosure before drafting claim
`
`amendments and supply the location of the source paragraphs of any such claim amendments in the
`
`Remarks accompanying the amendments.
`
`Response to Arguments
`
`Applicant's arguments filed 10/2/2018 have been fully considered but they are not persuasive.
`
`The applicant argues that the media files associated with each URL in Eyal are not analogous to the
`
`segments claimed by the applicant but does not provide any reasoning based on the applicant’s
`
`disclosure for reaching this conclusion. The Examiner has carefully studied the applicant’s disclosure
`
`and found that it provides media clips in a similar way to Eyal.
`
`In particular, the playscript containing
`
`URL’s that identify media clips disclosed by the applicant beginning at paragraph 75 are conceptually
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 3
`
`similar to the playlists of URL’s disclosed by Eyal. The Examiner does not see any technological
`
`differences in what is covered by the applicant’s claim. A new reference, Holliman, was used to address
`
`the newly amended features.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`(a) IN GENERAL—The specification shall contain a written description of the invention, and
`of the manner and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to
`make and use the same, and shall set forth the best mode contemplated by the inventor orjoint
`inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any person
`skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the
`same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
`
`Claims 6-35 and 41-132 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA), first
`
`paragraph, as failing to comply with the written description requirement. The claim(s) contains subject
`
`matter which was not described in the specification in such a way as to reasonably convey to one skilled
`
`in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the
`
`application was filed, had possession of the claimed invention.
`
`Claims 6 and 79 feature the following amended language:
`
`receiving, by a management system via a communication netwerk. and from a communication device= a
`request associated with a user ot the communicatien device te have media content streamed to the
`communication device. tne requested media content cempnsing a piuraiity of media content segments,
`
`the Euraiit of media content secments bein
`-ortiens at one rne-ciia centent tiie made availabie bi' a
`
`me-ziia owner tor streamin wnerein the media content fiie is associate-Ci with a titie assiened b‘ the media
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 4
`
`Claims 41 and 93 feature the following amended language:
`
`
`receive. via a eemrmtrtieatier: netwerk and Emir: a eermrauraieatieri device, a request aseeeiatee‘
`with a user et the eemmtmieetien e'eviee te have media centertt etreemed te the eerrzmuraieatiere deviee,
`
`
`
`the requested media eeritent eerrzerieéng a eiuraiity 0‘? segments the Email? 0? 3e merits eeén'
`‘30i“‘?ii‘3i't$
`
`e‘f {me media eerttem file triade avaiiebie b‘ a media ewner tdr etreaménc wherein the rrxedia eentent file
`
`
`
`ie aeeeeéetee with a title asst: nee h the media ewner;
`
`The only reference to title assigned by a media owner is in paragraph 58 of the applicant’s
`
`specification. This states that each ”media clip may have a title assigned to it by the media owner”. The
`
`applicant has not provided any disclosure that media clips are divided into segments. The applicant did
`
`not disclose that a user of a communication device can request segments that are a portion of one
`
`media content file made available by a media owner. The applicant disclosed that the user could
`
`request clips such as those referenced in paragraph 58 of the specification. The applicant disclosed that
`
`the clips have a title assigned by the media owner. There is no disclosure that a single file supplied by
`
`the media owner can be divided into segments and that each of the segments can be requested and
`
`retrieved individually, as claimed. The only concept that can support the claimed ”segment” in the
`
`applicant’s disclosure is the media clip.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of pre-AIA 35 U.S.C. 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, 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 6, 17-19, 22, 24-27, 41, 52-55, 59-62, 79-88, 93-102, 107-116, 122-124, and 129-132
`
`is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent Number 6,389,467
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 5
`
`to Eyal in view of U.S. Patent Number 5,987,621 to Duso et al. and U.S. Patent Application Publication
`
`Number 2002/0188570 by Holliman et al.
`
`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 content streamed to the communication device, the requested
`
`media content comprising a plurality of media content segments (col. 19, line 48-col. 20, line 14),
`
`wherein the media content segments are associated with a title assigned by the media owner (col. 7,
`
`lines 1-3) and the management system comprises a combination of hardware and software (Figure 4,
`
`search request 203 and col. 19, lines 30-35 and 41-44); and for each one of the plurality of media
`
`content segments, (i) determining, by the management system, a plurality of resources (Figure 19, the
`
`media sites are resources) available to obtain the media content segment from one or more media
`
`storage devices (the "one or more media storage devices" is broad enough to cover any computer
`
`memory in any context) and facilitate streaming the media content segment to the communication
`
`device (col. 14, lines 50-60 describes a process of determining whether the media sites corresponding
`
`to the URL are "available to facilitate streaming"); and (ii) transmitting, from the management system
`
`to the communication device, an indication of the media content segment (col. 19, lines 38-40) and
`
`information instructing the communication device identifying how to communicate with each of the
`
`plurality of resources to cause the media content segment to be streamed to the communication device
`
`(col. 20, lines 39-45); however Eyal does not explicitly teach upon occurrence of an error while the
`
`media content segment is streamed from the first one of the plurality of resources to the
`
`communication device, causing the media content segment to be streamed by a second one of the
`
`plurality of resources, different from the first one of the plurality of resources and Eyal does not
`
`explicitly teach that the segments are a portion of a media file made available by a media owner for
`
`streaming wherein the media file is associated with a title assigned by the media owner.
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 6
`
`Duso teaches upon occurrence of an error while streaming of the media content segment from
`
`the first one of the plurality of resources to the communication device, causing the media content
`
`segment to be streamed by a second one of the plurality of resources, different from the first one of the
`
`plurality of resources (see Figure 42 and col. 55, lines 3-21).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`combine the teachings of Eyal regarding error detection while streaming a segment with the teachings
`
`of Duso regarding causing a segment that was being streamed during an error to be restreamed because
`
`the teachings of Duso would allow for the user in Eyal not to miss the segment with the error. Eyal skips
`
`the segment where an error occurs during the streaming (see col. 27, line 66-col. 28, line 11 of Eyal) so
`
`implementing Duso’s failover technique would be an improvement to user experience.
`
`Holliman teaches that a media owner can segment a larger media file into clips (paragraphs 37
`
`and 38).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`combine the teachings of Eyal regarding providing media clips with the teachings of Holliman regarding
`
`creating media clips from a media file because such a technique would all for flexibility of presenting
`
`different content clips in the playlists disclosed by Eyal.
`
`As to claim 41, it is rejected for the same reasoning as claim 6.
`
`As to claims 107 and 109, col. 19, lines 30-54 of Eyal.
`
`As to claims 108 and 110, col. 11, lines 31-37 of Eyal.
`
`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 content streamed to the communication device, the requested
`
`media content comprising a plurality of media content segments (col. 19, line 48-col. 20, line 14),
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 7
`
`wherein the media content segments are associated with a title assigned by the media owner (col. 7,
`
`lines 1-3) and the management system comprising a combination of hardware and software (Figure 4,
`
`search request 203 and col. 19, lines 30-35 and 41-44); for each one of the plurality of media content
`
`segments, (i) determining, by the management system, a plurality of resources (Figure 19, the media
`
`sites are resources) other than the management system available to obtain the media content segment
`
`from one or more media storage devices (the "one or more media storage devices" is broad enough to
`
`cover any computer memory in any context) and facilitate streaming of the media content segment to
`
`the communication device (col. 14, lines 50-60 describes a process of determining whether the media
`
`sites corresponding to the URL are "available to facilitate streaming"); and (ii) transmitting, from the
`
`management system to the communication device, an identification the media content segment (col.
`
`19, lines 38-40) and information instructing the communication device how to communicate with each
`
`of the plurality of resources to cause the media content segments to be streamed to the communication
`
`device (col. 20, lines 39-45); however Eyal does not explicitly teach upon occurrence of an error while
`
`the media content segment is streamed from the first one of the plurality of resources to the
`
`communication device, causing the media content segment to be streamed by a second one of the
`
`plurality of resources, different from the first one of the plurality of resources and Eyal does not
`
`explicitly teach that the segments are a portion of a media file made available by a media owner for
`
`streaming wherein the media file is associated with a title assigned by the media owner.
`
`Duso teaches upon occurrence of an error in the streaming of the media content segment from
`
`the first one of the plurality of resources to the communication device, causing the media content
`
`segment to be streamed by a second one of the plurality of resources, different from the first one of the
`
`plurality of resources (see Figure 42 and col. 55, lines 3-21).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`combine the teachings of Eyal regarding error detection while streaming a segment with the teachings
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 8
`
`of Duso regarding causing a segment that was being streamed during an error to be restreamed because
`
`the teachings of Duso would allow for the user in Eyal not to miss the segment with the error. Eyal skips
`
`the segment where an error occurs during the streaming (see col. 27, line 66-col. 28, line 11 of Eyal) so
`
`implementing Duso’s failover technique would be an improvement to user experience.
`
`Holliman teaches that a media owner can segment a larger media file into clips (paragraphs 37
`
`and 38).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`combine the teachings of Eyal regarding providing media clips with the teachings of Holliman regarding
`
`creating media clips from a media file because such a technique would all for flexibility of presenting
`
`different content clips in the playlists disclosed by Eyal.
`
`As to claim 93, it is rejected for the same reasoning as claim 79.
`
`As to claims 17 and 52, see col. 26, lines 19—32 of Eyal.
`
`As to claims 18 and 53, see col. 19, lines 30—54 of Eyal.
`
`As to claims 19 and 54, see Figure 19 of Eyal.
`
`As to claims 22, 57, 86 and 100, see col. 9, lines 5—12 of Eyal, 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. 19, lines 30—54 of Eyal.
`
`As to claims 25, 26, 60, and 61, see col. 12, lines 64—67 of Eyal.
`
`As to claims 27 and 62, see col. 19, lines 30—54 of Eyal.
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 9
`
`As to claims 80, 81, 94, and 95, see col. 13, lines 1—8 of Eyal.
`
`As to claims 82 and 96, media player of Eyal clearly receives a format that it can use to
`
`retrieve the media.
`
`As to claims 83 and 97, see col. 19, lines 30—54 of Eyal.
`
`As to claims 84 and 98, see col. 19, lines 30—54 of Eyal.
`
`As to claims 85 and 99, see col. 19, lines 30—54 of Eyal.
`
`As to claims 87, 88, 101, and 102, see Figure 11 and corresponding text of Eyal.
`
`As to claims 111 and 113, see col. 19, lines 30—54 of Eyal.
`
`As to claims 112 and 114, see col. 11, lines 31—37 of Eyal.
`
`As to claims 115—117 and 122—124, see col. 13, lines 1—8 of Eyal.
`
`As to claims 129—132, see col. 20, lines 30—64 of Eyal.
`
`Claims 7-14, 16, 42-49, 51, 118-121, and 125-128 are rejected under pre-AIA 35 U.S.C. 103(a) as
`
`being unpatentable over U.S. Patent Number 6,389,467 to Eyal in view of U.S. Patent Number 5,987,621
`
`to Duso et al. and U.S. Patent Application Publication Number 2002/0188570 by Holliman et al. in
`
`further view of U.S. Patent Number 5,758,257 to Herz et al.
`
`As to claims 7 and 42, the Eyal-Holliman-Duso combination teaches the subject matter of claims
`
`79 and 93 however the Eyal-Holliman-Duso combination does not explicitly teach the use of a viewer
`
`profile to generate the identification for the plurality of portions of the media.
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 10
`
`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 the Eyal-Holliman-Duso combination 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.
`
`As to claim 8, the Eyal-Holliman-Duso combination teaches the subject matter of claims 79;
`
`however the Eyal-Holliman-Duso combination 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 21-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 the Eyal-Holliman-Duso combination 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 21-col. 48, line 22 of Herz.
`
`As to claims 11 and 46, see col. 48, lines 5-22 of Herz.
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 11
`
`As to claim 47, the Eyal-Holliman-Duso combination teaches the subject matter of claims 93;
`
`however the Eyal-Holliman-Duso combination 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).
`
`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 the Eyal-Holliman-Duso combination 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 21-col. 48, line 22 of Herz.
`
`As to claims 16 and 51, they are rejected for the same reasoning as claims 7 and 42.
`
`As to claims 118-121 and 125-128, the Eyal-Holliman-Duso combination teaches the subject
`
`matter of claims 115 and 122 including inserting advertisements into segments (Eyal, col. 13, lines 1-8)
`
`however the Eyal-Holliman-Duso combination does not explicitly teach how the advertisements are
`
`chosen.
`
`Herz teaches the manners of selecting advertisements based on audience, profiles,
`
`demographics and rules (col. 29, lines 31-51).
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`combine the teachings of the Eyal-Holliman-Duso combination regarding selecting commercials with the
`
`teachings of Herz regarding selecting commercials based on audience, profiles, demographics and rules
`
`because doing so allows for particularly relevant commercials.
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 12
`
`Claims 15 and 50 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S.
`
`Patent Number 6,389,467 to Eyal in view of U.S. Patent Number 5,987,621 to Duso et al. and U.S. Patent
`
`Application Publication Number 2002/0188570 by Holliman et al.
`
`in further view of U.S. Patent Number
`
`5,933,811 to Angles et al.
`
`As to claims 15 and 50, the Eyal-Holliman-Duso combination teaches the subject matter of
`
`claims 79 and 93 however the Eyal-Holliman-Duso combination 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 the Eyal-Holliman-Duso combination 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.
`
`Claims 20, 21, 55, and 56 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over
`
`U.S. Patent Number 6,389,467 to Eyal in view of U.S. Patent Number 5,987,621 to Duso et al. and U.S.
`
`Patent Application Publication Number 2002/0188570 by Holliman et al. in further view of U.S. Patent
`
`Number 6,654,807 to Farber et al.
`
`As to claims 20 and 55, the Eyal-Holliman-Duso combination teaches the subject matter of
`
`claims 19 and 93 but the Eyal-Holliman-Duso combination 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).
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 13
`
`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 the Eyal-Holliman-Duso combination 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 U.S. Patent Number 6,389,467 to Eyal in view of U.S. Patent Number 5,987,621
`
`to Duso et al. and U.S. Patent Application Publication Number 2002/0188570 by Holliman et al. in
`
`further view of U.S. Patent Number 6,385,596 to Wiser.
`
`As to claims 23 and 58, the Eyal-Holliman-Duso combination teaches the subject matter of
`
`claims 22 and 57; however the Eyal-Holliman-Duso combination does not explicitly teach the generation
`
`of reservations comprising reservation IDs.
`
`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 the Eyal-Holliman-Duso combination 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, the Eyal-Holliman-Duso combination teaches the subject matter
`
`of claims 79 and 93; however the Eyal-Holliman-Duso combination does not teach the claimed
`
`authorization techniques.
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 14
`
`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 the Eyal-Holliman-Duso combination 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, the Eyal-Holliman-Duso combination teaches the subject matter of claims 79
`
`and 93 however the Eyal-Holliman-Duso combination does not explicitly teach the claimed settlement
`
`methods.
`
`Wiser teaches the claimed settlement methods (see col. 15-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 the Eyal-Holliman-Duso combination 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).
`
`As to claims 89-92 and 103-106, the Eyal-Holliman-Duso combination teaches the subject matter
`
`of claims 24, 27, 53, and 62 however the Eyal-Holliman-Duso combination 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 the Eyal-Holliman-Duso combination regarding providing media
`
`to a requester with the teachings of Wiser regarding including authentication and reservation
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`Page 15
`
`information in a URL because such information allows a server to determine whether a request for
`
`information is valid.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to DOUGLAS B BLAIR whose telephone number is (571)272-3893. The examiner can
`
`normally be reached on Monday-Friday 9am-5pm.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Kamal Divecha can be reached on 571-272-5863. 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.
`
`
`
`Application/Control Number: 11/680,452
`Art Unit: 2442
`
`/DOUGLAS B BLAIR/
`
`Primary Examiner, Art Unit 2442
`
`Page 16
`