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 .
Response to arguments
Applicant’s arguments with respect to all pending claims have been fully considered, but they are not persuasive. Applicant argues that cited references failed to disclose generating, via an upstream distributor, a first tier manifest comprising an indication of first tier segments describing a playback schedule of the first content and the second content, the first tier manifest comprising a composite of the first manifest and the second manifest that indicates first segments of the first content, second segments of the second content, and one or more non-networked segments indicating one or more timing gaps for insertion of station-specific
content segments within the first tier manifest; and providing, via the upstream distributor, the first tier manifest to enable generation of a second tier manifest by a downstream localized distributor, wherein the second tier manifest includes a station manifest comprising an indication of a station-specific feed, comprising the station-specific content segments, inserted with the one or more non-networked segments based on the playback schedule of the first content and the second content present in the first tier manifest without re-encoding of the first tier segments. Claim 6 was cancelled and claim 21 was added.
However, Su et al show in fig.1 to fig.7 a system having an upstream distributor 250 that is capable of providing description of multiple tiers segments or chunks and the system is able to generate a second tier manifest by updating information containing in the first manifest during live streaming and segments of each content being transmitted in multiple or different channels as disclosed in para.0019; 0014-0016; 0020-0021.
And McGilvray et al disclose a system providing a station manifest 240 and the system is able to identify switchover marker based on scheduling rule and time associated with the first live broadcasting stream and the second live broadcasting stream as disclosed in para. 0098-0100; 0064;0031;0131;0008;0033.
And MacTiernan et al disclose a system being able to provide some empty spot blocks or segments and empty spot segments or blocks represent non-networked segment and there is no specific content being designated to be played during schedule position assigned to the empty spot or segment and that represents a gap associated with the schedule time and finally the system is able to distribute all contents in normalized format meaning the same format by using automotive application platform 1311 and there is no need to re-encode data during processing or insertion of data and the non-networked segment or empty spot segment is used to insert target commercial in the manifest as disclosed 0157-0160; 0150; 0170; 0184;0172.
And Gonder et al show in fig.1 to fig.6 a system with national content source representing upstream distributor and local content source representing downstream distributor for generating local manifest as disclosed in para. 0013-0016;0069;0123-0124, 0066.
Based on that consideration, the cited references were combined properly to meet the limitations of the claims and the rejection was considered to be reasonable and acceptable. This action is made final.
Claims rejections-35 U.S.C. 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, 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.
Claim(s) 1-5; 7-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Su(US.Pub.No.20160073106) in view of Gonder(US.Pub.No.20150271541) and McGilvray(US.Pub.No.20210409796) and MacTiernan(US.Pub.No.20150026308).
Regarding claim 1, Su et al disclose a computer-implemented method for tiered manifest manipulation, comprising: receiving a first manifest associated with first content and a second manifest associated with second content(see fig.1 to fig.7 for providing manifest with multiple tiered portions for a plurality of channels contents; 0016-0017);
generating, via an upstream distributor(see fig.1 to fig.7 with distribution server 250), a first tier manifest comprising an indication of first tier segments describing a playback schedule of the first content and the second content(see fig.1 to fig.7 for providing description of multiple tiers segments or chunks; 0014-0016) , the first tier manifest comprising a composite of the first manifest and the second manifest that indicates first segments of the first content, second segments of the second content(see fig.1 for showing segments of each content being transmitted in different channels;0020-0021);
providing, via the upstream distributor(see fig.1 to fig.7 with distribution server 250), the first tier manifest to enable generation of a second tier manifest(the system is able to generate a second tier manifest by updating information containing in the first manifest during live streaming; 0019).
But did not explicitly disclose providing, via the upstream distributor, the first tier manifest to enable generation of a second tier manifest by a downstream localized distributor one or more non-networked segments indicating one or more timing gaps for insertion of station-specific content segments within the first tier manifest; wherein the second tier manifest includes a station manifest comprising an indication of a station-specific feed, comprising the station specific content segments, inserted with the one or more non-networked segments with based on the playback schedule of the first content and the second content present in the first tier manifest without re-encoding of the first tier segments; and causing distribution of the second tier manifest referencing the first segments and the station-specific feed to a multichannel video programming distributor (MVPD), an over-the-top (OTT) platform, or both, for subsequent distribution to viewers of the station-specific feed using the second tier manifest.
However, Gonder et al disclose providing, via the upstream distributor(see fig.1 to fig.6 with national content source,0066), the first tier manifest to enable generation of a second tier manifest by a downstream localized distributor(see fig.1 to fig.6 with local content source for generating local manifest;0013-0016;0069;0123-0124 ), causing distribution of the second tier manifest referencing(manifest references,0164; the first segments and the station-specific(the system is able to use specific channel or station to transmit portions of video contents across the network; see fig.1 to fig.2; 0076; 0157) feed to a multichannel video programming distributor (MVPD)(the system is able to use multi-channel video program distributor(MVPD); 0114, an over-the-top (OTT) platform(free-to-air TV channels, 0036), or both, for subsequent distribution to viewers of the station-specific feed using the second tier manifest(see fig.1 to fig.2; the system is able to update manifest dynamically; 0014-0015; abstract; 0156).
It would have been obvious before effective filling date of the claimed invention to incorporate the teachings of Gonder to modify Su by using multichannel video programming distributor for the purpose of improving the capability of the network accordingly.
And McGilvray et al wherein the second tier manifest includes a station manifest(the system is able to provide station manifest file; 0098-0099) comprising an indication of a station-specific feed, comprising the station specific content segments inserted (the system is able to identify switchover marker based on scheduling rule and time associated with the first live broadcasting stream and the second live broadcasting stream;0008;0033; 0064;0031;0131).
It would have been obvious before effective filling date of the claimed invention to incorporate the teachings of McGilvray to modify Su and Gonder by introducing merged manifest for the purpose of switching among portions of multiple video streams accordingly.
And MacTiernan et al disclose one or more non-networked segments(the system is able to provides some empty spot blocks or segments and empty spot segment or block represents non-networked segment; 0150-0151; 0170) indicating one or more timing gaps for insertion of station-specific content segments (there is no specific content being designated to be played during schedule position assigned to the empty spot or segment and that represents a gap associated with the schedule time;0170) within the first tier manifest; wherein the second tier manifest includes a station manifest comprising an indication of a station-specific feed, comprising the station specific content segments, inserted with the one or more non-networked segments(the system is able to provides some empty spot blocks or segments and empty spot segment or block represents non-networked segment; 0150-0151; 0170;0184;0172) with based on the playback schedule of the first content and the second content present in the first tier manifest without re-encoding of the first tier segments(the system is able to distribute all contents in normalized format meaning the same format by using automotive application platform 1311 and there is not need to re-encode data during processing or inserting of data; 0157-0160).
It would have been obvious before effective filling date of the claimed invention to incorporate the teachings of MacTiernan to modify Su and Gonder and McGilvray by introducing empty spot segment or non-networked segment for the purpose of inserting target commercials in playback manifest accordingly.
Regarding claim 2, Su et al disclose wherein the first tier manifest indicates first tier segments of first tier encoded and packaged content(see fig.1 to fig.7 for encoding data in different bitrates; 0019;0039).
But did not explicitly disclose the station manifest indicates segments of station-specific content without an indication of the first tier segments.
However, Gonder et al disclose the station manifest indicates segments of station-specific content without an indication of the first tier segments(0099;0097).
It would have been obvious before effective filling date of the claimed invention to incorporate the teachings of Gonder to modify Su and McGilvray and MacTiernan by using network stream manifest for the purpose of using network capability to modify associated with manifest in real-time accordingly.
Regarding claim 3, it is rejected using the same ground of rejection for claim 1.
Regarding claim 4, it is rejected using the same ground of rejection for claim 1.
Regarding claim 5, it is rejected using the same ground of rejection for claim 1.
Regarding claim 7, Su and McGilvray and MacTiernan et al did not explicitly disclose generating the station manifest, by: encoding and packaging station-specific content obtained via a station playout into station-specific content segments; and populating the station manifest with an indication of the station-specific content segments and associated timings.
However, Gonder et al disclose generating the station manifest, by: encoding and packaging station-specific content obtained via a station playout into station-specific content segments(the system is able to encode contents; 0079; 0072-0073); and populating the station manifest with an indication of the station-specific content segments and associated timings(timestamps data was provided; 0096-0097;0170).
It would have been obvious before effective filling date of the claimed invention to incorporate the teachings of Gonder to modify Su and McGilvray and MacTiernan by using network stream manifest for the purpose of using network capability to modify associated with manifest in real-time accordingly
Regarding claim 8, Su and McGilvray and MacTiernan et al did not explicitly disclose comprising: receiving an ad manifest; and generating a third tier manifest based on the second tier manifest and the received ad manifest, wherein the third tier manifest enables dynamic ad insertion.
However, Gonder et al disclose comprising: receiving an ad manifest; and generating a third tier manifest based on the second tier manifest and the received ad manifest, wherein the third tier manifest enables dynamic ad insertion(the system can apply dynamic commercial insertion; 0165;0173;0009; abstract).
It would have been obvious before effective filling date of the claimed invention to incorporate the teachings of Gonder to modify Su and McGilvray and MacTiernan by using network stream manifest for the purpose of using network capability to modify associated with manifest in real-time accordingly
Regarding claim 9, Su et al disclose wherein the third tier manifest is generated specifically as a customization for a particular distribution channel(subscriber preferences,0102; 0126-0127).
Regarding claim 10, it is rejected using the same ground of rejection for claim 1.
Regarding claim 11, Su et al disclose comprising: generating a plurality of second tier manifests, each providing a different schedule, selection, or schedule and selection of the first segments and second segments in conjunction with associated second tier content(see fig.to fig.7 for providing multiple tiers contents; 0014).
Regarding claim 12, it is rejected using the same ground of rejection for claim 1.
Regarding claim 13, Su and McGilvray and MacTiernan et al did not explicitly disclose comprising: inserting a graphic into at least a portion of the first segments, at least a portion of the second segments, or both, by: identifying within the first tier manifest, a graphical insertion opportunity; generating alternative segments to original segments occurring within the graphical insertion opportunity, the alternative segments comprising the original segments modified to include the graphic; and adjusting subsequent playback to include the alternative segments by: modifying the first tier manifest to indicate the alternative segments in lieu of the original segments; or replacing the original segments with the alternative segments.
However, Gonder et al disclose comprising: inserting a graphic into at least a portion of the first segments(the system can provide graphical user interface; 0124), at least a portion of the second segments, or both, by: identifying within the first tier manifest, a graphical insertion opportunity(0146); generating alternative segments to original segments occurring within the graphical insertion opportunity, the alternative segments comprising the original segments modified to include the graphic(0170;0172); and adjusting subsequent playback to include the alternative segments by: modifying the first tier manifest to indicate the alternative segments in lieu of the original segments; or replacing the original segments with the alternative segments(0079;0170;0116-0117).
It would have been obvious before effective filling date of the claimed invention to incorporate the teachings of Gonder to modify Su and McGilvray and MacTiernan by using network stream manifest for the purpose of using network capability to modify associated with manifest in real-time accordingly.
Regarding claim 14, it is rejected using the same ground of rejection for claim 1.
Regarding claim 15, it is rejected using the same ground of rejection for claim 5.
Regarding claim 16, it is rejected using the same ground of rejection for claim 9.
Regarding claim 17, it is rejected using the same ground of rejection for claim 13.
Regarding claim 18, it is rejected using the same ground of rejection for claim 1.
Regarding claim 19, it is rejected using the same ground of rejection for claim 15.
Regarding claim 20, Su et al disclose wherein the manifest manipulation service is configured to: generate a cable split manifest customized for a particular cable distribution channel(subscriber preferences,0102; 0126-0127).
But did not explicitly disclose receiving a custom ad manifest comprising an indication of custom content segments to be played via the particular cable distribution channel; and merging the custom ad manifest with the second tier manifest; and causing provision of the first tier segments, the station-specific content segments, and the custom content segments to the particular cable distribution channel.
However, Gonder et al disclose receiving a custom ad manifest comprising an indication of custom content segments to be played via the particular cable distribution channel; and merging the custom ad manifest with the second tier manifest; and causing provision of the first tier segments, the station-specific content segments, and the custom content segments to the particular cable distribution channel(see fig.1 to fig.6 for receiving manifest with customized ads according to the preferences of the users; 0126-0127; 0009;0049;0095;0165-0166).
It would have been obvious before effective filling date of the claimed invention to incorporate the teachings of Gonder to modify Su and McGilvray and MacTiernan by providing options to modify ad manifest for the purpose of improving viewing experiences accordingly.
Regarding claim 21, Su and Gonder and MacTiernan et al did not explicitly disclose wherein the upstream distributor is a national distributor, and wherein the downstream localized distributor is a local affiliate station.
However, McGilvray et al disclose wherein the upstream distributor is a national distributor, and wherein the downstream localized distributor is a local affiliate station(the system provides national content distributor and affiliate content distributor; 0009; 0130-0131; 0145-0150).
It would have been obvious before effective filling date of the claimed invention to incorporate the teachings of McGilvray to modify Su and Gonder and MacTiernan by introducing merged manifest for the purpose of switching among portions of multiple video streams accordingly
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN D SAINT CYR whose telephone number is (571)270-3224. The examiner can normally be reached 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Pendleton can be reached at 5712727527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEAN D SAINT CYR/Examiner, Art Unit 2425
/Brian T Pendleton/Supervisory Patent Examiner, Art Unit 2425
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