Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant's arguments filed 01/12/2026 have been fully considered but they are not persuasive.
Applicant argues that Benya is silent about “accessing media via a linear broadcast source”; “determining whether playback of the media content is permitted”; and “based on the determination, receiving the media content via a content source other than the linear broadcast source”. To this matter the examiner respectfully disagrees. Benya teaches accessing media via a linear broadcast source since Benya discloses a cable TV network (paragraph 2); any channel that delivers TV programs is a linear broadcast source, meeting the claim language. Also, Benya teaches real time streaming from a headend also a linear broadcast source (paragraph 69) also meeting the claim language. Applicant argues that Benya does not teach “determining whether playback of the media content is permitted…”; this is clearly taught by Benya since Benya teaches that a determination is made as to whether or not the media can be play from the beginning (paragraph 74-86), meeting the claim language. Finally, applicant argues that Benya does not teach “based on the determination, receiving the media content via a content source other than the linear broadcast source”. Benya teaches that the look back feature can be obtain from any channel also that the streams can be fed directly to the STB or from the cache memory, also meeting the claim language (paragraph 74-86).
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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 22, 25-29, 32 and 35-39 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Benya, US 2005/0034171.
Regarding claims 22 and 32, Benya discloses a computer-implemented system, comprising: computer memory; control circuitry configured to:
receiving a request, from a user, to access media content that is in-progress via a linear broadcast source, wherein a user profile of the user is stored in the computer memory (figures 10-12, paragraph 11 and 74-86);
based on receiving the request, cause the media content to be played, via the linear broadcast source, from a particular timepoint of the media content that is after a beginning timepoint of the media content (figures 10-12, paragraph 74-86);
determine whether to permit playing of the media content from the beginning timepoint (figures 10-12, paragraph 74-86);
based at least in part on determining to permit playing of the media content from the beginning timepoint, provide for display an indication that the media content is capable of being played from the beginning timepoint of the media content (figures 10-11, paragraph 74-86);
receive input requesting to access the beginning timepoint of the media content (figures 10-12, paragraph 74-86);
based on receiving the input, receive, via a content source other that the linear broadcast source, the media content (paragraph 69 and 74-86); and
cause the media content to be played, via the content source other than the linear broadcast source, from the beginning timepoint of the media content instead of the particular timepoint of the media content (figures 10-12, paragraph 74-86).
Regarding claims 25 and 35, Benya discloses the system of claim 32, wherein the control circuitry is further configured to determine whether to permit playing of the media content from the beginning timepoint of the media content by determining that a portion of the media content corresponding to the beginning timepoint of the media content has finished being downloaded (paragraph 73).
Regarding claims 26 and 36, Benya discloses the system of claim 32, wherein the control circuitry is further configured to:
prior to receiving the request to access the media content and playing the media content from the particular timepoint based on the received request, store a portion of the media content corresponding to the beginning timepoint of the media content in the computer memory comprising a buffer memory or a cache memory (paragraph 34 and 51); and
determine whether to permit playing of the media content from the beginning timepoint of the media content comprises determining that the portion of the media content corresponding to the beginning timepoint of the media content is stored in the buffer memory or the cache memory (paragraph 34 and 51).
Regarding claims 27 and 37, Benya discloses the system of claim 36, wherein the control circuitry is further configured to:
identify viewing preferences of the user (paragraph 11, 34 and 51); and
store the portion of the media content corresponding to the beginning timepoint of the media content in the buffer memory or the cache memory in response to determining that one or more attributes of the viewing preferences of the user match one or more preferences of the media content (paragraph 11, 34 and 51).
Regarding claims 28 and 38, Benya discloses the system of claim 36, wherein:
the request to access the media content is received while different media content is being accessed (figures 10-11, paragraph 74-86); and
the control circuitry is further configured to, based on the different media content having been accessed within a threshold period of time from when the media content is accessed, store in the cache memory or the buffer memory one or more portions of the different media content occurring while the media content is being accessed (figures 10-11, paragraph 74-86).
Regarding claims 29 and 39, Benya discloses the system of claim 32, wherein receiving the input comprises receiving selection of the indication that the media content is capable of being played from the beginning timepoint of the media content (figures 10-11, paragraph 74-86).
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 negated by the manner in which the invention was made.
Claims 23-24, 31, 33-34 and 41 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Benya in view of Kaminski et al., US 2003/0121055.
Regarding claims 23 and 33, Benya discloses the system of claim 32.
Benya is silent about in response to determining not to permit playing of the media content from the beginning timepoint, decline to provide for display an indication that the media content is capable of being played from the beginning timepoint of the media content.
In an analogous art, Kaminski discloses in response to determining not to permit playing of the media content from the beginning timepoint, decline to provide for display an indication that the media content is capable of being played from the beginning timepoint of the media content (figures 6).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Benya’s system with the teachings of Kaminski. The motivation would have been to avoid obstructing the interface for the benefit of helping the visual impaired.
Regarding claims 24 and 34, Benya discloses the system of claim 32.
Benya is silent about in response to determining not to permit playing of the media content from the beginning timepoint, provide for display an indication that the media content is not capable of being played from the beginning timepoint of the media content.
In an analogous art, Kaminski discloses in response to determining not to permit playing of the media content from the beginning timepoint, provide for display an indication that the media content is not capable of being played from the beginning timepoint of the media content (figure 4).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Benya’s system with the teachings of Kaminski. The motivation would have been to provide a more informative interface for the benefit of providing quality of service.
Regarding claims 31 and 41, Benya discloses the system of claim 32.
Benya is silent about in response to determining to permit playing of the media content from the beginning timepoint, provide an option to record the media content.
In an analogous art, Kaminski discloses in response to determining to permit playing of the media content from the beginning timepoint, provide an option to record the media content (paragraph 76).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Benya’s system with the teachings of Kaminski. This is standard in the art. The motivation would have been to give the user a copy of the content for the benefit of providing the desired media.
Claims 30 and 40 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Benya in view of Berry et al., US 2013/0216207.
Regarding claims 30 and 40, Benya discloses the system of claim 32.
Benya is silent about determine that one or more portions of the media content, occurring after the beginning timepoint of the media content, are not yet available for playing; and provide for display an indication of an amount of time remaining until each portion of the media content prior to the particular timepoint will be available for playing.
In an analogous art, Berry discloses determine that one or more portions of the media content, occurring after the beginning timepoint of the media content, are not yet available for playing; and provide for display an indication of an amount of time remaining until each portion of the media content prior to the particular timepoint will be available for playing (figure 11, paragraph 106).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Benya’s system with the teachings of Berry. The motivation would have been to provide a more informative interface for the benefit of providing quality of service.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSCHTA I MONTOYA whose telephone number is (571)270-1192. The examiner can normally be reached on Monday-Friday 8 am - 5 pm.
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OM
Oschta Montoya
Patent Examiner
Art Unit 2421
/OSCHTA I MONTOYA/Primary Examiner, Art Unit 2421