`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
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`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONF {MATION NO.
`
`11/680,452
`
`02/28/2007
`
`Chuck Jennings
`
`406855
`
`5285
`
`04/05/2010
`7590
`27148
`POLSINELLI SHUGHART PC
`700 W. 47TH STREET
`SUITE 1000
`KANSAS CITY, MO 64112-1802
`
`EXAMINER
`
`BLAIR, DOUGLAS B
`
`ART UNIT
`
`2442
`
`MAIL DATE
`
`04/05/2010
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
`
`PTOL—90A (Rev. 04/07)
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`
`
`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
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`11/680,452
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`JENNINGS ET AL.
`
`Examiner
`
`DOUGLAS B. BLAIR
`
`Art Unit
`
`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 1 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, 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.
`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).
`
`Status
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`1)IXI Responsive to communication(s) filed on 20 February 2008.
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`2a)I:I This action is FINAL.
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`2b)I:I This action is non-final.
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`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under EX parte Quayle, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
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`4)IZI Claim(s) 1-70 is/are pending in the application.
`
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`4a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`5)I:I Claim(s) _ is/are allowed.
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`6)I:I Claim(s) _ is/are rejected.
`
`
`7)I:I Claim(s)
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`is/are objected to.
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`8)IXI Claim(s) 1-70 are subject to restriction and/or election requirement.
`
`Application Papers
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`9)I:I The specification is objected to by the Examiner.
`
`
`10)I:I The drawing(s) filed on
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`is/are: a)I:I accepted or b)I:I 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).
`
`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`
`a)I:I All
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`b)I:I Some * c)I:I None of:
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`1.I:I Certified copies of the priority documents have been received.
`
`2.I:I Certified copies of the priority documents have been received in Application No.
`
`
`
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`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)
`
`4) D Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date. _
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`5) I:I Notice of Informal Patent Application
`3) |:| Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date _. 6) D Other: _
`
`U.S. Patent and Trademark Office
`
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20100331
`
`
`
`Application/Control Number: 11/680,452
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`Page 2
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`Art Unit: 2442
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`Election/Restrictions
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`Restriction to one of the following inventions is required under 35 U.S.C. 121:
`
`I.
`
`II.
`
`Claims 1-3 and 36-38, drawn to a method and system of assigning a program
`
`identification to a program comprising at least one media reference and an order
`
`and using the program identification to track the media reference in the program,
`
`classified in class 705, subclass 52.
`
`Claims 4, 5, 39, and 40, drawn to a method and system for assigning a program
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`identification to a program comprising at least one media reference and an order
`
`and streaming media upon receiving a valid reservation for the program, classified
`
`in class 726, subclass 21.
`
`III.
`
`Claims 6-35 and 41-70, drawn to a method and system for generating a
`
`presentation, determining if system resource is available and if so creating a
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`reservation and assigning a reservation identification, classified in class 709,
`
`subclass 226.
`
`The inventions are distinct, each from the other because of the following reasons:
`
`Inventions I, II, and III are related as subcombinations disclosed as usable together in a
`
`single combination. The subcombinations are distinct if they do not overlap in scope and are not
`
`obvious variants, and if it is shown that at least one subcombination is separately usable. In the
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`instant case, subcombination I has separate utility such as the ability to track a media reference
`
`using a program identification, subcombination II has separate utility such as the ability to
`
`validate a reservation for a program, and subcombination III has separate utility such as the
`
`
`
`Application/Control Number: 11/680,452
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`Page 3
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`Art Unit: 2442
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`ability to determine whether there are resources necessary for establishing a reservation. See
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`MPEP § 806.05(d).
`
`The examiner has required restriction between subcombinations usable together. Where
`
`applicant elects a subcombination and claims thereto are subsequently found allowable, any
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`claim(s) depending from or otherwise requiring all the limitations of the allowable
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`subcombination will be examined for patentability in accordance with 37 CFR 1.104. See MPEP
`
`§ 821 .04(a). Applicant is advised that if any claim presented in a continuation or divisional
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`application is anticipated by, or includes all the limitations of, a claim that is allowable in the
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`present application, such claim may be subject to provisional statutory and/or nonstatutory
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`double patenting rejections over the claims of the instant application.
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`Restriction for examination purposes as indicated is proper because all these inventions
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`listed in this action are independent or distinct for the reasons given above fll there would be a
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`serious search and examination burden if restriction were not required because one or more of
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`the following reasons apply:
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`(a) the inventions have acquired a separate status in the art in view of their different
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`classification;
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`(b) the inventions have acquired a separate status in the art due to their recognized
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`divergent subject matter;
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`(c) the inventions require a different field of search (for example, searching different
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`classes/subclasses or electronic resources, or employing different search queries);
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`(d) the prior art applicable to one invention would not likely be applicable to another
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`invention;
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`
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`Application/Control Number: 11/680,452
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`Page 4
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`Art Unit: 2442
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`(e) the inventions are likely to raise different non-prior art issues under 35 U.S.C. 101
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`and/or 35 U.S.C. 112, first paragraph.
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`Applicant is advised that the reply to this requirement to be complete must include
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`(i) an election of a invention to be examined even though the requirement may be traversed (37
`
`CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
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`The election of an invention may be made with or without traverse. To reserve a right to
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`petition, the election must be made with traverse. If the reply does not distinctly and specifically
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`point out supposed errors in the restriction requirement, the election shall be treated as an
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`election without traverse. Traversal must be presented at the time of election in order to be
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`considered timely. Failure to timely traverse the requirement will result in the loss of right to
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`petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate
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`which of these claims are readable on the elected invention.
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`If claims are added after the election, applicant must indicate which of these claims are
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`readable upon the elected invention.
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`Should applicant traverse on the ground that the inventions are not patentably distinct,
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`applicant should submit evidence or identify such evidence now of record showing the
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`inventions to be obvious variants or clearly admit on the record that this is the case. In either
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`instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence
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`or admission may be used in a rejection under 35 U.S.C. 103(a) of the other invention.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to DOUGLAS B. BLAIR whose telephone number is (571)272-
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`3893. The examiner can normally be reached on 9:00am-5:30pm.
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`
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`Application/Control Number: 11/680,452
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`Page 5
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`Art Unit: 2442
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Saleh Najjar can be reached on (571) 272-4006. The fax phone number for the
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`organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair-direct.uspto. gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Douglas B Blair/
`Primary Examiner, Art Unit 2442
`
`
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