throbber
Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 1 of 18 PageID #: 1088
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 1 of 18 PagelD #: 1088
`
`EXHIBIT 3
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`EXHIBIT 3
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`
`
`

`

`
`
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 2 of 18 PageID #: 1089
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 2 of 18 PagelD #: 1089
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`08/16/2012
`FISH & RICHARDSONP.C. (NY)
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`HEFFINGTON, JOHN M
`
`2172
`
`DATE MAILED: 08/16/2012
`
`David Strober
`09/26/2011
`13/245,001
`TITLE OF INVENTION: PLAY CONTROL OF CONTENT ON A DISPLAY DEVICE
`
`30160-0002002
`
`4575
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`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 3 of 18 PageID #: 1090
`Case 2:23-cv-00059-JRG DOGURE® 4978SPHRANSMEPTAL Page 3 of 18 PagelD #: 1090
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`David Strober
`09/26/2011
`13/245,001
`TITLE OF INVENTION: PLAY CONTROL OF CONTENT ON A DISPLAY DEVICE
`
`30160-0002002
`
`4575
`
`
`
`
`
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`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEESMALL ENTITY ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
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`nonprovisional
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`HEFFINGTON, JOHN M
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`$870
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`2172
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`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 4 of 18 PageID #: 1091
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 4 of 18 PagelD #: 1091
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`UNITED STATES DEPARTMENT OF COMMERCE
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`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
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`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`13/245,001
`
`09/26/2011
`
`David Strober
`
`30160-0002002
`
`4575
`
`26211
`7590
`08/16/2012
`FISH & RICHARDSONP.C. (NY)
`P.O. BOX 1022
`MINNEAPOLIS, MN 55440-1022
`
`HEFFINGTON, JOHN M
`
`2172
`
`DATE MAILED: 08/16/2012
`
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`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 5 of 18 PageID #: 1092
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 5 of 18 PagelD #: 1092
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`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 6 of 18 PageID #: 1093
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 6 of 18 PagelD #: 1093
`
`
`Notice of Allowability
`
`Application No.
`
`Applicant(s)
`
`13/245,001
`Examiner
`
`STROBER, DAVID
`Art Unit
`
`JOHN HEFFINGTON
`
`2172
`
`.
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS.This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. K This communication is responsive to proposed claim amendments dated 30 July 2012..
`
`2. (1 Anelection was madebythe applicant in responseto a restriction requirementset forth during the interview on
`the restriction requirement and election have been incorporated into this action.
`
`3. X] The allowed claim(s)is/are 1-4, 6-27.
`
`4. F] Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`a) All c)[]None_of the:=b)(1Some*
`
`
`1. 1 Certified copies of the priority documents have been received.
`2. 1 Certified copies of the priority documents have been received in Application No.
`3. [1 Copiesofthe certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
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`“ Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE”of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
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`5. (] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENTor NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`6. [] CORRECTED DRAWINGS( as “replacement sheets”) must be submitted.
`(a) (J including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
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`(b) (J including changes required by the attached Examiner's Amendment / Comment or in the Office action of
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`7. CJ] DEPOSIT OF and/or INFORMATIONabout the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. X] Notice of References Cited (PTO-892)
`2. [1 Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. [J Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`4. (] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. [J Notice of Informal Patent Application
`6. KX] Interview Summary (PTO-413),
`Paper No./Mail Date 20720728 .
`7. KJ Examiner's Amendment/Comment
`
`8. KJ Examiner's Statement of Reasonsfor Allowance
`
`9. [] Other
`
`U.S. Patent and Trademark Office
`
`PTOL-37(Rev. 03-11)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20120728
`
`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 7 of 18 PageID #: 1094
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 7 of 18 PagelD #: 1094
`
`Application/Control Number: 13/245,001
`Art Unit: 2172
`
`Page 2
`
`EXAMINER’S AMENDMENT
`
`1.
`
`An examiner’s amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment maybefiled as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the paymentof the issue fee.
`
`Authorization for this examiner's amendment was given in a telephone interview
`
`with Samuel Borodach on 26 July 2012 and 30 July 2012.
`
`The application has been amendedasfollows:
`
`Claim 1. A machine-implemented method of controlling presentation of video content on
`
`a display device[[by a]] that loads any one of a plurality of different media player
`
`players, the method comprising:
`
`assigning, by a server system, a synchronization codeto thfe display device;
`
`receiving, in the server system, a message from a personal computing device
`
`that is separate from the server system and separate from the display device, wherein
`
`the message includes the synchronization code:
`
`storing, by the server system, a record establishing an association between the
`
`personal computing device and the display device based on the synchronization code;
`
`receiving, in [[a]] the server system, one or more signals from aremete the
`
`personal computing device, the one or more signals specifying a videofile to be acted
`
`upon and identifying a particular media player for playing the video content, the one or
`
`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 8 of 18 PageID #: 1095
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 8 of 18 PagelD #: 1095
`
`Application/Control Number: 13/245,001
`Art Unit: 2172
`
`Page 3
`
`more signals further including a universal playback control commandfor controlling
`
`playing of the video content on the display device by the particular media player,
`
`converting, by the server system, the universal playback control commandinto
`
`corresponding programming codeto control playing of the video content on the display
`
`device by the particular media player, wherein converting the universal playback control
`
`commandincludesselecting from amonga plurality of specific commands, eachof
`
`which represents a corresponding playback control commandfor a respective media
`
`player; and
`
`storing, in a database associated with the server system, amessage information
`
`for transmission to or retrieval by the display device, wherein the message information
`
`specifies the videofile to be acted upon, identifies the particular media player for playing
`
`the video content, and includes the corresponding programming code to control playing
`
`of the video content on the display device by the particular media player in accordance
`
`with the universal playback control command.
`
`Claim 2. The method of claim 1 including:
`
`checking, in the server system, the identity of the media playeridentified in the
`
`one or moresignals from the personal computing device;
`
`loading an appropriate set of protocols or application programming interfaces
`
`from a library based on the identity of the media player; and
`
`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 9 of 18 PageID #: 1096
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 9 of 18 PagelD #: 1096
`
`Application/Control Number: 13/245,001
`Art Unit: 2172
`
`Page 4
`
`converting the commandfrom the personal computing deviceinto [[a]]
`
`corresponding davaSerpt code to control the media player.
`
`
`
`
`
`
`
`
`
`Claim 9. The method of claim 1 includingacedefromintheserversystem,receiving
`
`the-persenal-computingdevice, wherein the synchronization code is uniquely
`
`associated with the display device on which the video content is to be played|[;]] aad
`
`
`
`Claim 10. The method of claim 9 wherein the synchronization codeis different from an
`
`IP address associated with the display device andis different from a MAC address
`
`associated with the display device.
`
`Claim 11. The method of claim 9 wherein assigning a synchronization code includes
`
`including assigning a randomly generated code to the display device each time the
`
`display device connects to the server system.
`
`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 10 of 18 PageID #: 1097
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 10 of 18 PagelD #: 1097
`
`Application/Control Number: 13/245,001
`Art Unit: 2172
`
`Page 5
`
`Claim 12. A system for controlling playing of video content on a display device[[by al]
`
`that loads any one of a plurality of different media player players, the system
`
`comprising:
`
`a server system;
`
`a first database storing a relationship between a personal computing device and
`
`the display device based on a synchronization code assignd by the server system to the
`
`display device and received by the server system in a message from the personal
`
`computing device, wherein the personal computing device is separate from the server
`
`system and separate from the display device; and
`
`a second database;
`
`wherein the server system is eperable configured to receive one or more signals
`
`from [[a]] theremete personal computing device, the one or more signals specifying a
`
`video file to be acted upon andidentifying a particular media playerfor playing the video
`
`content, the one or moresignals further including a universal playback control command
`
`for controlling playing of the video contenton the display device,
`
`one or more non-transitory computer-readable media storing instructions that
`
`when executedby the server system, cause the server system to perform operations
`
`including converting the universal playback control command into corresponding
`
`programming codeto control playing of the video contentof the particular media player,
`
`wherein converting the universal playback control commandincludes selecting from
`
`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 11 of 18 PageID #: 1098
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 11 of 18 PagelD #: 1098
`
`Application/Control Number: 13/245,001
`Art Unit: 2172
`
`Page 6
`
`amonga plurality of specific commands, each of which represents a corresponding
`
`playback control commandfor a respective media player;
`
`the server system being further eperable configured to store in the second
`
`database amessage information for transmission to or retrieval by the display device,
`
`wherein the message information specifies the videofile to be acted upon, identifies the
`
`particular media player for playing the video content, and includes the corresponding
`
`programming codeto control playing of the video content on the display device by the
`
`particular media player in accordance with the universal playback control command.
`
`Claim 13. The system of claim 12 including:
`
`library storing protocols or application programming interfaces,
`
`wherein the server system is eperable configured to checkthe identity of the
`
`media player identified in the one or more signals from the personal computing device,
`
`load an appropriate set of protocols or application programming interfaces from the
`
`library based on the identity of the media player, and convert the commandfrom the
`
`personal computing device into a corresponding programming code usedby the display
`
`device to control the media player.
`
`Claim 14. The system of claim 12 including:
`
`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 12 of 18 PageID #: 1099
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 12 of 18 PagelD #: 1099
`
`Application/Control Number: 13/245,001
`Art Unit: 2172
`
`Page 7
`
`a look-up table storing a plurality of commands each of whichis for a particular
`
`type of media player,
`
`wherein the server system is eperable configured to convert the commandinto
`
`corresponding programming codeto control the media player based on information in
`
`the look-up table.
`
`16. The system of claim 15 the server system is eserable configured to convert the
`
`universal commandbyselecting from among theplurality of specific commands stored
`
`in the look-up table.
`
`
`
`Claim 20. The system of claim 12 whereinthe-serversystemis-operabletereceivea
`
`
`
`
`
`
`
`cedefromthepersenalcemputingdevice wherein the synchronization codeis uniquely
`
`
`
`associated with the display device on which the video content is to be played, the-server
`
`
`
`Claim 21. The system of claim 20 wherein the synchronization codeis different from an
`
`IP address associated with the display device andis different from a MAC address
`
`associated with the display device.
`
`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 13 of 18 PageID #: 1100
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 13 of 18 PagelD #: 1100
`
`Application/Control Number: 13/245,001
`Art Unit: 2172
`
`Page 8
`
`Claim 22. The system of claim 20 wherein the server system is eperable configured to
`
`assign as the synchronization code a randomly generated code tethe-displaydeviee
`
`each time the display device connects to the server system.
`
`Claim 23. An automated machine-implemented method of presenting video content on a
`
`display device [[by a]] that loads any one of a plurality of different media player, the
`
`method comprising:
`
`displaying, by the display device, a synchronization code that was assigned to
`
`the display device by a server system, the server system subsequently storing, based
`
`on a message from a personal computing device that is separate from the server
`
`system and the display device, an association between the display device and the
`
`personal computing device, the message from the personal computing device including
`
`the synchronization code.
`
`retrieving, by the display device from a server system, first information that
`
`specifies a first video file to be acted upon, that identifies a first media player for playing
`
`the first video file, and that indicates corresponding programming codeto control playing
`
`of thefirst video file on the display device by the first media player in accordancewith a
`
`first playback control command, wherein the server system previously received, from
`
`the personal computing device, one or moresignals specifying the first videofile
`
`identifying the first media player and including the first playback control command;
`
`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 14 of 18 PageID #: 1101
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 14 of 18 PagelD #: 1101
`
`Application/Control Number: 13/245,001
`Art Unit: 2172
`
`Page 9
`
`obtaining, by the display device, over the Internetthe first media player for
`
`playing the first videofile;
`
`loading the first media playerin the display device;
`
`executing the first playback control command with respectto the first videofile
`
`using the first media player;
`
`subsequently retrieving, by the display device from the server system, second
`
`information that specifies a second videofile to be acted upon, that identifies a second
`
`media playerdifferent from the first media player for playing the second videofile, and
`
`that indicates corresponding programming codeto control playing of the second video
`
`file on the display device by the second media playerin accordance with a second
`
`playback control command, wherein the server system previously received, from the
`
`personal computing device, one or more signals specifying the second videofile,
`
`identifying the second media player and including the second playback control
`
`command;
`
`obtaining, by the display device, over the Internet the second media playerfor
`
`playing the second videofile;
`
`loading the second media player in the display device; and
`
`executing the second playback control command with respect to the second
`
`video file using the second media player.
`
`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 15 of 18 PageID #: 1102
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 15 of 18 PagelD #: 1102
`
`Application/Control Number: 13/245,001
`Art Unit: 2172
`
`Page 10
`
`Claim 27. The method of claim 23 wherein the display device checks whether the
`
`respective media player neededto play the particular one of the video fe files already
`
`is loaded in the display device before obtaining a copy of the media player over the
`
`Internet.
`
`Summaryof the Prior Art of Record
`
`Schwartz et al. (US 2011/0060998 A1) — Schwartz discloses A system and a method
`
`manage internet media content by identifying relevant media content associated with a
`
`webpage, generating a symbolic representation for the identified media and/or
`
`presenting the symbolic representation of the identified media to enable media
`
`management, organization, retrieval, consumption and/or redirection functionality to be
`
`integrated with a web browsing experience. The system and the method mayprovide
`
`enhanced multimedia functionality integrated with a web browsing experience using an
`
`application providing web browserfunctionality, a plug-in program for an existing web
`
`browser, and/or an application associated and/or in communication with a web browser.
`
`Hjelmeland Almaset al. (US 2008/0301737 A1) - A portable communication deviceis
`
`equipped with a content and/or channel recommendation function that is configured to
`
`provide a user with content recommendations for watching a television program. The
`
`portable communication device is used as a remote control to control various aspects of
`
`the television. In one embodiment, channel recommendations are made based upon the
`
`user's mobile activities. Such activities include: web browsing, web searching,
`
`

`

`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 16 of 18 PageID #: 1103
`Case 2:23-cv-00059-JRG Document 40-4 Filed 04/18/24 Page 16 of 18 PagelD #: 1103
`
`Application/Control Number: 13/245,001
`Art Unit: 2172
`
`Page 11
`
`multimedia content rendered and/or

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