`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`11/680,452
`
`02/28/2007
`
`Chuck Jennings
`
`406855
`
`5285
`
`05/23/2014
`
`7590
`27148
`pOLSINELupc
`900 WEST 48TH PLACE
`SUITE 900
`KANSAS CITY, MO 64112-1895
`
`BLAIR, DOUGLAS B
`
`2442
`
`PAPER NUMBER
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`05/23/2014
`
`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 Inventorto File)
`Office Action Summary
`
`DOUGLAS BLAIR first“ 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 CFR 1.136(a).
`after SIX () 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)IXI Responsive to communication(s) filed on 4/27/2011.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`a)I:| This action is FINAL.
`3)I: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)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)|XI Claim(s) 6-35 and 41-78 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| Claim(s) 6-35 and 41- 78 is/are rejected.
`8)I:I Claim(s)_ is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* 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
`
`
`
`://www.usoto. ov/ atents/init events"
`h/index.‘s orsend an inquiry to PRI-Ifeedback{<‘buspto.qov.
`
`htt
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ 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).
`
`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)|:l All
`1.|:| Certified copies of the priority documents have been received.
`2.|:| Certified copies of the priority documents have been received in Application No.
`3.|:I 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)
`
`
`
`3) D Interview Summary (PT0_413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D InformatIon DIscIosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20140512
`
`

`

`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 filed 4/27/2011 have been fully considered but they are not
`
`persuasive.
`
`The applicant’s remarks with respect to the 101 rejection are not persuasive because the
`
`applicant’s arguing about issues that pertain to process claims but claim 41 is not a process
`
`claim. The applicant’s amendment to specify that the system is a device is not persuasive
`
`because the applicant’s invention does not specify any hardware in which the applicant’s
`
`invention is embodied and the term device by itself is broad enough to cover hardware or
`
`software.
`
`The Examiner has changed the interpretation of Wiser to meet the language of the
`
`applicant’s claimed amendments. The Examiner points out that the claim terms are not defined
`
`with any specific meaning by the applicant’s specification. The applicant’s specification does
`
`not appear to be directed towards any new technology for distributing media. Instead the
`
`specification describes general arrangements for processing and distributing media.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 USC. 112(b):
`(b) CONCLUSION.7The specification shall conclude with one or more claims particularly pointing
`out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 USC. 112 (pre—AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`

`

`Application/Control Number: 11/680,452
`
`Page 3
`
`Art Unit: 2442
`
`Claims 6—35 and 41—78 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre—AIA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly claim the
`
`subject matter which the inventor or a joint inventor, or for pre—AIA the applicant regards as the
`
`invention.
`
`Claim 6 recites the limitation "the at least one media of the presentation" in fourth
`
`limitation of claim 6. There is insufficient antecedent basis for this limitation in the claim. The
`
`previous limitation establishes that there is a presentation for the at least one media but it does
`
`not establish that the presentation itself features media and therefore it is not clear what “media
`
`of the presentation” is supposed to comprise.
`
`Claim 19, 20, and 41, feature the same issue with the “the at least one media of the
`
`presentation” language as claim 6.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of pre—AIA 35 U.S.C. 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.
`
`Claims 6, 17—23, 35, 41, 52—58, and 70—78 are rejected under pre—AIA 35 U.S.C. 102(e) as
`
`being anticipated by US. Patent Number 6,385,596 to Wiser et al.
`
`

`

`Application/Control Number: 11/680,452
`
`Page 4
`
`Art Unit: 2442
`
`As to claim 6, Wiser teaches a method for reserving media for a viewer, comprising, at a
`
`switch management system device (Music Distribution Center 124), receiving a program (col.
`
`10, line 59-col. 11, line 7 and col. 11, lines 20-25, The media data files are the program. The
`
`content manager receives the media data files. The content manager is part of the music
`
`distribution center so therefore the music distribution center also receives media data files)
`
`comprising at least one media reference (col. 11, line 5, agency codes) identifying at least one
`
`media of the program and an order comprising at least one order rule (col. 11, line 1, agent
`
`codes) associated with the at least one media of the program; receiving a communication at a
`
`reservation system (content manager 112) of the switch management system device (As shown
`
`in Figure 1B, the Content Manager 112 is “of” the Music Distribution Center 124), the
`
`communication identifying the at least one media (col. 16, lines 26-65); using the at least one
`
`order rule associated with the at least one media of the program (col. 11, lines 49-62) and the at
`
`least one media reference identifying the at least one media of the program to generate a
`
`presentation for the at least one media the reservation system (col. 16, line 66-col. 17, line 5); at
`
`the reservation system, determining if a system resource is available to stream media of the
`
`presentation and if so creating a reservation for the presentation (col. 17, lines 6-12); and
`
`assigning a reservation identification to the reservation at the reservation system (col. 17, lines
`
`22-35, the voucher ID is the reservation identification).
`
`As to claim 17, see col. 17, lines 22—35.
`
`As to claim 18, see col. 16, line 61—col. 17, line 21.
`
`As to claim 19, the delivery server reads on the system resource.
`
`As to claims 20 and 21, see col. 14, line 61—col. 15, line 23.
`
`

`

`Application/Control Number: 11/680,452
`
`Page 5
`
`Art Unit: 2442
`
`As to claim 22, the content manager reads on the routing processor.
`
`As to claim 23, see col. 16, lines 67—col. 17, line 35.
`
`As to claim 35, see col. 16, lines 44—60.
`
`As to claim 41, Wiser teaches a system for reserving media for a viewer comprising: a
`
`switch management system device (Music Distribution Center 124) to receive a program (col.
`
`10, line 59-col. 11, line 7 and col. 11, lines 20-25, The media data files are the program. The
`
`content manager receives the media data files. The content manager is part of the music
`
`distribution center so therefore the music distribution center also receives media data files)
`
`comprising at least one media reference (col. 11, line 5, agency codes) identifying the at least
`
`one media of the program and an order comprising at least one order rule (col. 11, line 1, agent
`
`codes) associated with the at least one media of the program and to receive a communication, the
`
`communication identifying the at least one media, the switch management system device
`
`comprising a reservation system comprising: a presentation creator to use the at least one order
`
`rule associated with the at least one media of the program (col. 11, lines 49-62) and the at least
`
`one media reference identifying the at least one media of the program to generate a presentation
`
`for the at least one media (col. 16, line 66-col. 17, line 5); and a reservation generator to
`
`determine if a system resource is available to stream the at least one media of the presentation
`
`and, if so, to create a reservation for the presentation (col. 17, lines 6-12) and to assign a
`
`reservation identification to the reservation (col. 17, lines 22-35, the voucher ID is the
`
`reservation identification).
`
`As to claims 52—58, and 70, they are rejected for the same reasoning as claims 17—23, and
`
`35.
`
`

`

`Application/Control Number: 11/680,452
`
`Page 6
`
`Art Unit: 2442
`
`As to claims 71 and 74, see col. 10, line 59—col. 11, line 7 and col. 11, lines 49—62, the
`
`information attached to the media regarding payment qualifies as a "service".
`
`As to claims 72, 73, 75, and 76, the cited portion qualifies as a server rule identifying
`
`how a media viewing should be paid and the claimed collection rule thereby satisfying the "at
`
`least one" limitation. If the applicant is trying to claim a system and method capable of
`
`processing all of the claimed rules, then such a system should be explicitly claimed.
`
`As to claims 77 and 78, see col. 11, lines 1 and 2, the agent code identifies the rights
`
`agent and therefore identifies “how a collection is divided among participating entities".
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 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—16, 24—34, 42—51, and 59—69 are rejected under 35 USC. 103(a) as being
`
`unpatentable over US. Patent Number 6,385,596 to Wiser et al. in view of US. Patent
`
`Application Publication Number 2002/0078444 by Krewin et al.
`
`As to claim 7, Wiser teaches the method of claim 6; however Wiser does not explicitly
`
`teach the use of a viewer profile used to select other media as claimed in claim 7.
`
`Krewin shows that the concept of using a viewer profile to dynamically select another
`
`media for presentation to viewers is an obvious concept (paragraphs 27—32).
`
`

`

`Application/Control Number: 11/680,452
`
`Page 7
`
`Art Unit: 2442
`
`It would have been obvious to one of ordinary skill in the Computer networking art at the
`
`time of the invention to combine the teachings of Wiser regarding reserving media with the
`
`teachings of Krewin regarding using a viewer profile because such a system would not require
`
`any changed in how Wiser operates to be implemented with Wiser and would provide viewers
`
`with potentially useful supplemental information.
`
`As to claims 8—14, see paragraphs 27—73 of Krewin.
`
`As to claims 15 and 16, see paragraphs 27—73 of Krewin.
`
`In claims 15, 16, 24, and 28 Wiser and Krewin are combined for the same reasoning as
`
`explained in the rejection of claim 7.
`
`As to claims 24—36 and 28—34, see paragraphs 27—73 of Krewin.
`
`As to claim 27, see col. 14, lines 40—47 of Wiser.
`
`As to claims 42—51 and 59—69, they are rejected for the same reasoning as claims 7—16
`
`and 24—34.
`
`Claim Rejections - 35 USC § 101
`
`35 USC. 101 reads as follows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or
`any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and
`requirements of this title.
`
`Claims 41—70, 74—76 and 78 are rejected under 35 USC. 101 because the claimed
`
`invention is directed to non— statutory subject matter.
`
`Claims 41—62 are directed towards a system comprising a presentation creator and a
`
`reservation generator. Claims 63—69 further comprise a service order system. Claim 70 further
`
`comprises a financial screener. None of these elements which comprise the claimed system are
`
`

`

`Application/Control Number: 11/680,452
`
`Page 8
`
`Art Unit: 2442
`
`explicitly disclosed as being hardware elements. Therefore claims 41—70, 74—76 and 78 are
`
`broad enough to cover software per se. Software per se does not fit into any of the statutory
`
`categories of invention.
`
`Conclusion
`
`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
`
`

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.

We are unable to display this document.

PTO Denying Access

Refresh this Document
Go to the Docket