Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim status: claims 1-10, 12-26 are pending in this Office Action.
Response to Arguments
Prior Art Reiection:
Applicant's arguments to the amendment of claim 1 have been fully considered but they are deemed not persuasive. Please see new mapping in below.
DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1,148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre- AIA 35 U.S.C. 103(a) are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-10 and 12-26 are rejected under 35 U.S.C. 103 as being unpatentable over Syed (US20140185466), in view of McMahon (US20130073673)
Regarding to claim 1:
Syed discloses A method comprising:
receiving, by a computing device, a fragment of a content asset (See the structure of content fragment 18 in Fig. 1B. [0042] the encoder 14 can convert the data stream from the input format received from the data source (such as MPEG-4) to a transport format for distribution to users or consumers. [0024] an encoder to process/condition a single source video. [0067] a number of packets in two or more transport streams [0062] the segmentation signaling structure of each packet. Note: encoder process data stream (comprise fragments) is receiving, by a computing device, a fragment of a content asset), wherein the fragment comprises a fragment identifier of the fragment and a region identifier, of a plurality of region identifiers corresponding to the content asset (see fig. 1B for data stream comprise multiple fragments 18. [0047] the access indicator field can be used by the encoder 14 to indicate that information relating to at least the identification and marking of content fragments 18 can be included in the data stream. [0049] a first data entry can be inserted in a first IDR frame representing a Fragment 1. The first data entry can comprise an identification of time stamp 28, the fragment's duration 22 (two seconds), and an identification of the signaling point 20 of Fragment 1 … The second data entry can comprise an identification of time stamp 28 … and an identification of the signaling point 20 of Fragment n. Similarly, other frames can be encoded with entries to indicate at least one of a time stamp 28, the fragment's duration 22, an identification of the signaling point 20, a frame type 24, and an identification of a signaling structure 26. Note: identifications of time stamp 28 of fragments 18 (see fig. 1b) are a plurality of region identifiers), wherein each region identifier is associated with a beginning of a region of a plurality of regions of the content asset (Fig. 1B, [0049] a first data entry can be inserted in a first IDR frame representing a Fragment 1. The first data entry can comprise an identification of time stamp 28, the fragment's duration 22 (two seconds … The second data entry can comprise an identification of time stamp 28, the fragment's duration 22 (two seconds). Note: Identifications of time stamp 28 with the fragment's duration 22 is region identifier is associated with a beginning of a region. Multiple fragments 18 of data stream (see fig.1) are plurality of regions), wherein each region is associated with at least one fragment of the content asset (See fig. 1b each identifications of time stamp 28 with the fragment's duration 22 is associated with at least one fragment).
Syed does not explicitly causing, by the computing device, content packaging of the plurality of regions of the content asset, wherein the plurality of region identifiers facilitates ordered content packaging of a plurality of fragments of the content asset, causing, by the computing device, a generating of one or more content manifests corresponding to the ordered content packaging of the plurality of fragments of the content asset
McMahon teaches causing, by the computing device, content packaging of the plurality of regions of the content asset, wherein the plurality of region identifiers facilitates ordered content packaging of a plurality of fragments of the content asset (0006] a content item may be fragmented into multiple individual segments or portions and stored as such. Each segment or portion may be of a predefined size … be stored as a separate segment file (note: segments are plurality of regions). [0040] users may identify the beginning and end points for a particular event such as a climactic scene in a movie, a scoring play in a sporting event, a scene in which an actor makes a cameo appearance, a specific news story during a newscast and the like. Using the identification of start and end times, the content distribution system may create additional content items. For example, the content distribution system may merge the segments corresponding to the start and end times and the period therebetween into a new content item (e.g., a clip of a sporting event, news story, etc). [0046] a content distribution system delivers a requested content item to a user. [0031] merging programming data or other information with content segments … a content segment may be associated with metadata that identifies the content based on an identifier. These identifiers may be standardized across multiple repositories and thus, a user may be provided with a choice of on-line providers using the content and/or segment identifier by querying the other repositories using the identifiers. The identifier may be content specific or segment specific. In some examples, the overall content may correspond to a first identifier while each individual segment may correspond to their own unique identifiers. Note create an event/clip of segments is content packaging; an event/clip comprises the segments corresponding to the start and end times and the period therebetween is ordered content packaging) and
causing, by the computing device, a generating of one or more content manifests corresponding to the ordered content packaging of the plurality of fragments of the content asset ([0008] The content distribution system may then store appropriate descriptive data (e.g., user labels, titles or description) for the segments falling within the start and end times. [0024] Content delivery system 103 may also be configured to associate the recorded content with content metadata and/or attribute information including, for example, a synopsis of the content … through which the content was delivered. See fig. 5 for manifest 513 [0044] Screen display 500 may display content 501 simultaneously with descriptive information in region 513. For example, region 513 may include a synopsis 505 of the content 501)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of McMahon and apply them on the teachings of Syed to further implement causing, by the computing device, content packaging of the plurality of regions of the content asset, wherein the plurality of region identifiers facilitates ordered content packaging of a plurality of fragments of the content asset, causing, by the computing device, a generating of one or more content manifests corresponding to the ordered content packaging of the plurality of fragments of the content asset. One would be motivated to do so because in order to improve better system and method to provide users may identify the beginning and end points for a particular event using the identification of start and end times, the content distribution system may create additional content items. For example, the content distribution system may merge the segments corresponding to the start and end times and the period therebetween into a new content item and display content simultaneously with descriptive information (McMahon [0040][0044]).
Regarding to claim 2:
The method of claim 1, wherein the computing device comprises a content packager, and wherein causing content packaging of the region of the content asset comprises causing ordered content packaging of the region of the content asset between the content packager and at least one other content packager (Syed, [0022] the terms "system," "component," … a computer-related entity. [0049] a first data entry can be inserted in a first IDR frame representing a Fragment 1. The first data entry can comprise an identification of time stamp 28, the fragment's duration 22 (two seconds), and an identification of the signaling point 20 of Fragment 1 … The second data entry can comprise an identification of time stamp 28 … and an identification of the signaling point 20 of Fragment n. Similarly, other frames can be encoded with entries to indicate at least one of a time stamp 28, the fragment's duration 22, an identification of the signaling point 20, a frame type 24, and an identification of a signaling structure 26. Fig. 5 [0057] the monitoring component 500 can be configured to generate one or more metrics based upon the monitoring and/or analysis of the one or more data streams. Information that is extracted from such analysis can be provided for use on one or more upstream components 514. Fig. 7, 708. [0067] the first similarity metric can be indicative of alignment of a segmentation signaling structure of a first data stream and a segmentation signaling structure of a second data stream … the first similarity metric can comprise a metric indicative of a number of packets in two or more transport streams having a common time stamp. [0062] the segmentation signaling structure of each packet. Note: Components (computers) 500 and 514 are content packagers)
Regarding to claim 3:
The method of claim 1, wherein the region identifier indicates a time of an event associated with the beginning of the region of the content asset (Syed, [0049] a first data entry can be inserted in a first IDR frame representing a Fragment 1. The first data entry can comprise an identification of time stamp 28, the fragment's duration 22 (two seconds), and an identification of the signaling point 20 of Fragment 1 … The second data entry can comprise an identification of time stamp 28 … and an identification of the signaling point 20 of Fragment n. Similarly, other frames can be encoded with entries to indicate at least one of a time stamp 28, the fragment's duration 22, an identification of the signaling point 20, a frame type 24, and an identification of a signaling structure 26)
Regarding to claim 4:
The method of claim 3, wherein the event comprises one or more of: a startup time of an encoder of the content asset, an advertising marker, or a marker indicating a program or chapter of the content asset (Syed, [0024] an encoder to process/condition a single source video. [0046] the encoder 14 can be configured for encoding the data stream with a Coordinated Universal Time (CUT) or Universal Time Coordinated (UTC) stamp 28 indicative of a time the encoder 14 conditions the data stream … CUT/UTC is a time standard based upon the international atomic clock [0062] the segmentation signaling structure of each packet)
Regarding to claim 5:
The method of claim 1, further comprising determining, based on the second information, a unique region identifier associated with the region (Syed . [0049] a first data entry can be inserted in a first IDR frame representing a Fragment 1. The first data entry can comprise an identification of time stamp 28, the fragment's duration 22 (two seconds), and an identification of the signaling point 20 of Fragment 1 … The second data entry can comprise an identification of time stamp 28 … and an identification of the signaling point 20 of Fragment n. Similarly, other frames can be encoded with entries to indicate at least one of a time stamp 28, the fragment's duration 22, an identification of the signaling point 20, a frame type 24, and an identification of a signaling structure 26 [0071] the frame indicated by first segmentation signaling marker can be the first or last frame in the first content segment. Similarly, the frame indicated by the second segmentation signaling marker can be the first or last frame in the second content segment … for the purpose of segmenting and de-segmenting encoded content before and after transmission from a content provider to a user device. McMahon [0040] users may identify the beginning and end points for a particular event … Using the identification of start and end times. Note. an identification of time stamp of the last fragment is a unique region identifier (see spec. [0068] using the last event time as the unique region identifier))
Regarding to claim 6:
The method of claim 1, wherein at least one of the first information or the second information comprises a network time protocol time stamp (Syed, [0049] a first data entry can be inserted in a first IDR frame representing a Fragment 1. The first data entry can comprise an identification of time stamp 28, [0058] time stamps can be used such as network time protocol (NTP))
Regarding to claim 7:
The method of claim 1, further comprising sending, to a user device, the fragment (Syed, [0049] a downstream device such as the fragmentor 16 can receive the conditioned data stream and construct the appropriate content fragments 18 for
Regarding to claim 8:
The method of claim 1, further comprising:
causing, based at least on the region identifier, an association of the fragment with the region of the content asset (Syed, [0057] facilitate downstream devices to perform the segmenting the data streams based on one or more of the analyzed signaling points, the framing structure accuracy, and duration of each segment to ensure that one or more frames are aligned across each of the multi-bit rate streams within a channel grouping. [0049] a first data entry can be inserted in a first IDR frame representing a Fragment 1. The first data entry can comprise an identification of time stamp 28, the fragment's duration 22 (two seconds), and an identification of the signaling point 20 of Fragment 1 … The second data entry can comprise an identification of time stamp 28 … and an identification of the signaling point 20 of Fragment n. Similarly, other frames can be encoded with entries to indicate at least one of a time stamp 28, the fragment's duration 22, an identification of the signaling point 20, a frame type 24, and an identification of a signaling structure 26. McMahon, [0040] users may identify the beginning and end points for a particular event … Using the identification of start and end times, the content distribution system may create additional content items. For example, the content distribution system may merge the segments corresponding to the start and end times and the period therebetween into a new content item (e.g., a clip of a sporting event, news story, etc. [0031] merging programming data or other information with content segments … identifiers may be standardized across multiple repositories and thus, a user may be provided with a choice of on-line providers using the content and/or segment identifier by querying the other repositories using the identifiers. The identifier may be content specific or segment specific. In some examples, the overall content may correspond to a first identifier while each individual segment may correspond to their own unique identifiers); and
packaging, based on the association of the fragment with the region, the fragment for delivery to one or more user devices (Syed, [0057] facilitate downstream devices to perform the segmenting … duration of each segment to ensure that one or more frames are aligned across each of the multi-bit rate streams within a channel grouping. [0049] a downstream device such as the fragmentor 16 can receive the conditioned data stream and construct the appropriate content fragments 18 for
Regarding to claim 9:
The method of claim 1, wherein the content asset comprises at least one of linear content, non-linear content, a video stream, an audio stream, a movie, a television program, data, or information (Syed, [0024] dynamic streaming and/or other processes of efficiently delivering streaming video to users.)
Regarding to claim 10:
The method of claim 1, wherein receiving the fragment comprises receiving the fragment via at least one of:
a transcoder (Syed, [0038] an encoder/transcoder to condition fragments of the data stream and/or encode information relating to each of the fragments for downstream processing of the fragments. [0040] one or more fragmentors 16 can receive communication from an encoder 14. [0042] the encoder 14 can convert the data stream from the input format received from the data source (such as MPEG-4) to a transport format for distribution to users or consumers [0024] an encoder to process/condition a single source video at multiple bit rates (MBR). Accordingly, a player client receiving the MBR data stream can switch between streaming the different encodings (e.g., bit rates, quality levels) depending on available resources. [0038] or
a multiple bitrate multicast transmission (Syed, [0061] one or more data streams can be received. In an aspect, the one or more data streams can be a multi-bit rate adaptive transport stream multicast for a specific content and/or channel grouping. [0056] receiving and/or analyzing one or more data streams … monitor and/or analyze one or more data stream such as multi-bit rate adaptive transport stream multicasts
Regarding to claim 12, 19:
[Rejection rationale for claim 1 is applicable].
Regarding to claim 13, 20 :
[Rejection rationale for claim 2 is applicable].
Regarding to claim 14, 21:
[Rejection rationale for claim 3 is applicable].
Regarding to claim 15, 22:
[Rejection rationale for claim 4 is applicable].
Regarding to claim 16, 23:
[Rejection rationale for claim 5 is applicable].
Regarding to claim 17, 24:
[Rejection rationale for claim 6 is applicable].
Regarding to claim 18, 25:
[Rejection rationale for claim 9 is applicable].
Regarding to claim 26:
Syed teaches The method of claim 1,
Syed does not explicitly disclose wherein the region identifier facilitates a second computing device packaging a subsequent fragment of the content asset.
McMahon teaches wherein the region identifier facilitates a second computing device packaging a subsequent fragment of the content asset (McMahon, [0040] users may identify the beginning and end points for a particular event … Using the identification of start and end times, the content distribution system may create additional content items. For example, the content distribution system may merge the segments corresponding to the start and end times and the period therebetween into a new content item (e.g., a clip of a sporting event, news story, etc. [0031] merging programming data or other information with content segments … identifiers may be standardized across multiple repositories and thus, a user may be provided with a choice of on-line providers using the content and/or segment identifier by querying the other repositories using the identifiers. The identifier may be content specific or segment specific. In some examples, the overall content may correspond to a first identifier while each individual segment may correspond to their own unique identifiers. [0031] merging programming data … cross-reference and index the content segments against other content repositories such as HULU, NETFLIX, ITUNES, AMAZON, YOUTUBE and the like)
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to take the teachings of McMahon and apply them on the teachings of Syed to further implement wherein the region identifier facilitates a second computing device packaging a subsequent fragment of the content asset. One would be motivated to do so because in order to improve better system and method to provide users may identify the beginning and end points for a particular event using the identification of start and end times, the content distribution system may create additional content items. For example, the content distribution system may merge the segments corresponding to the start and end times and the period therebetween into a new content item (McMahon [0040]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action.
This action is a final rejection and is intended to close the prosecution of this application. Applicant’s reply under 37 CFR 1.113 to this action is limited either to an appeal to the Patent Trial and Appeal Board or to an amendment complying with the requirements set forth below.
If applicant should desire to appeal any rejection made by the examiner, a Notice of Appeal must be filed within the period for reply identifying the rejected claim or claims appealed. The Notice of Appeal must be accompanied by the required appeal fee.
If applicant should desire to file an amendment, entry of a proposed amendment after final rejection cannot be made as a matter of right unless it merely cancels claims or complies with a formal requirement made earlier. Amendments touching the merits of the application which otherwise might not be proper may be admitted upon a showing a good and sufficient reasons why they are necessary and why they were not presented earlier.
A reply under 37 CFR 1.113 to a final rejection must include the appeal from, or cancellation of, each rejected claim. The filing of an amendment after final rejection, whether or not it is entered, does not stop the running of the statutory period for reply to the final rejection unless the examiner holds the claims to be in condition for allowance. Accordingly, if a Notice of Appeal has not been filed properly within the period for reply, or any extension of this period obtained under either 37 CFR 1.136(a) or (b), the application will become abandoned.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HIEN DOAN whose telephone number is 571 272-4317. The examiner can normally be reached on Monday-Thursday and biweekly Friday 9am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SRIVASTAVA VIVEK can be reached on 571-272-7304(571)272-7304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIEN V DOAN/Examiner, Art Unit 2449
/VIVEK SRIVASTAVA/Supervisory Patent Examiner, Art Unit 2449