DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 28 is objected to because of the following informalities: Line 3 of the claim includes two consecutive commas. This appears to be a typographical error. Appropriate correction is required.
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.
Claim 21, 25, 28, 32, 35, and 39 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Anthru et al. (US 2010/0138870), Riley (US 2005/0188415), and Hutson et al. (US 2008/0033990).
Regarding claim 21, Anthru teaches a method performed by a system comprising:
two or more networked content sources, each associated with a respective priority ([0026], “the content providers and operators will also have their own priorities for transmission. An ‘operator’ (also referred to as a service provider) is an entity that defines a broadcast service and provisions the contents for the service; a ‘content provider’ is an entity that creates the content for a particular service or set of services.”);
one or more servers communicatively coupled to the two or more networked content sources ([0031], “The head-end includes a scheduler that determines a transmission order for content files as a function of a dynamic priority value…. [0033], “An illustrative embodiment of a head-end, or server, 150 in accordance with the principles of the invention is shown in FIG. 7.”); and
a device configured to play media by accessing the one or more servers via a network ([0032], “In particular, head-end 150 broadcasts a DVB-H signal 186 for broadcasting IP Datacasts to one, or more, receiving devices (also referred to herein as ‘clients’ or ‘receivers’) as represented by any one of laptop computer 100-1, personal digital assistant (PDA) 100-2 and cellular telephone 100-3, each of which are assumed to be configured to receive a DVB-H signal for recovery therefrom of the broadcast IP Datacasts for real-time content and file-based content.”), the method comprising:
storing a plurality of video portions corresponding to video content in data storage accessible to the one or more servers ([0035], “As shown in FIG. 7, head-end 150 also comprises content database 235 and scheduler 240. Content database 235 stores content, i.e., multimedia content files. These multimedia content files are any sort of audio/video clips like, sports video, music video, news clip, movie sound track, etc.”);
generating, by the one or more servers, a file comprising first data indicative of a play order for the plurality of video portions ([0037], [0041], “Once scheduler 240 determines in step 315 that it is time to generate a schedule, then execution proceeds to step 320, where scheduler 240 determines or updates values for scheduling metadata 200 for each identified clip and generates a schedule.” Fig. 11);
generating a modified file based on the file ([0037], [0041], “Once scheduler 240 determines in step 315 that it is time to generate a schedule, then execution proceeds to step 320, where scheduler 240 determines or updates values for scheduling metadata 200 for each identified clip and generates a schedule.” Fig. 11),
wherein the modified file comprises:
second data indicative of an updated play order ([0031], “Schedule timing information and meta data information is transmitted over a broadcast network along with the clips so that receivers can do selective reception of their preferred clips, saving battery power and storage.” [0037], [0041], “Once scheduler 240 determines in step 315 that it is time to generate a schedule, then execution proceeds to step 320, where scheduler 240 determines or updates values for scheduling metadata 200 for each identified clip and generates a schedule.” [0061], [0062], [0068], Fig. 11); and
transmitting, by the one or more servers, video portions of the updated play order to the device for presentation of the video portions defined by the updated play order of the modified file ([0031], “Schedule timing information and meta data information is transmitted over a broadcast network along with the clips so that receivers can do selective reception of their preferred clips, saving battery power and storage.” [0037], [0041], “Once scheduler 240 determines in step 315 that it is time to generate a schedule, then execution proceeds to step 320, where scheduler 240 determines or updates values for scheduling metadata 200 for each identified clip and generates a schedule.” [0061], [0062], [0068], Fig. 11).
Anthru does not expressly teach receiving, at the one or more servers, from the two or more networked content sources, video content. Anthru also does not expressly teach, while the plurality of video portions are being presented according to the play order specified by the file, receiving from a first networked content source of the two or more networked content sources a new video portion, wherein the first networked content source is associated with a higher priority than a second networked content source of the two or more networked content sources. While Anthru teaches generating a modified file based on the file, wherein the modified file comprises second data indicative of an updated play order, Anthru does not expressly teach based on the receiving the new video portion from the first networked content source associated with the higher priority than the second networked content source of the two or more networked content sources: generating a modified file based on the file, wherein the modified file comprises: second data indicative of an updated play order in which the new video portion preempts at least one video portion of the plurality of video portions received from the second networked content source associated with a lower priority than the first networked content source.
Riley teaches:
receiving, at one or more servers, from two or more networked content sources, video content ([0032], “The described embodiment is a cable network architecture in which a video policy server (VPS) coordinates allocation of network resources among two or more video-on-demand (VOD) servers each coupled to session managers (also referred to herein more generally as video content sources).” [0033], [0045], “For example, policy rules may give resource requests from certain data sources preferential treatment by giving them higher priority access to the available resources.”);
while plurality of video portions are being presented , receiving from a first networked content source of the two or more networked content sources a new video portion, wherein a first networked content source is associated with a higher priority than a second networked content source of the two or more networked content sources ([0045], “As described above, the VPS 118 evaluates certain policy rules in addition to resource availability before allocating resources to a video source. Such policy rules allow for smooth integration of VOD with other data types within the network (e.g., high speed internet access, voice-over-IP, video conferencing, etc.). One type of policy may give priority to certain data types. For example, policy rules may give resource requests from certain data sources preferential treatment by giving them higher priority access to the available resources. Further, policy rules can allow certain high priority data sources to preempt a lower priority data stream that is currently using allocated resources.”);
based on receiving a new video portion from the first networked content source associated with the higher priority than the second networked content source of the two or more networked content sources:
the new video portion preempts at least one video portion of the plurality of video portions received from the second networked content source associated with a lower priority than the first networked content source ([0045], “As described above, the VPS 118 evaluates certain policy rules in addition to resource availability before allocating resources to a video source. Such policy rules allow for smooth integration of VOD with other data types within the network (e.g., high speed internet access, voice-over-IP, video conferencing, etc.). One type of policy may give priority to certain data types. For example, policy rules may give resource requests from certain data sources preferential treatment by giving them higher priority access to the available resources. Further, policy rules can allow certain high priority data sources to preempt a lower priority data stream that is currently using allocated resources.”).
In view of Riley’s teaching, it would have been obvious to one of ordinary skill in the art at the time the invention was made to include receiving, at the one or more servers, from the two or more networked content sources, video content, and while the plurality of video portions are being presented according to the play order specified by the file, receiving from a first networked content source of the two or more networked content sources a new video portion, wherein the first networked content source is associated with a higher priority than a second networked content source of the two or more networked content sources, and, based on the receiving the new video portion from the first networked content source associated with the higher priority than the second networked content source of the two or more networked content sources: the new video portion preempts at least one video portion of the plurality of video portions received from the second networked content source associated with a lower priority than the first networked content source. The modification would enable the presentation of higher priority content (e.g., preferred or emergency content) that may interrupt current programming, thereby improving the overall user experience.
While Anthru teaches generating a modified file based on the file, wherein the modified file comprises second data indicative of an updated play order ([0037], [0041]) and Riley teaches the new video portion preempts at least one video portion of the plurality of video portions received from the second networked content source associated with a lower priority than the first networked content source ([0045]), Anthru does not expressly teach based on the receiving the new video portion from the first networked content source associated with the higher priority than the second networked content source of the two or more networked content sources: generating a modified file based on the file, wherein the modified file comprises: second data indicative of an updated play order in which the new video portion preempts at least one video portion of the plurality of video portions received from the second networked content source associated with a lower priority than the first networked content source.
Hutson teaches based on receiving a new video portion with a higher priority : generating a modified file based on a file, wherein the modified file comprises: second data indicative of an updated play order in which the new video portion preempts at least one video portion of a plurality of video portions associated with a lower priority ([0025], “The user may desire to indicate high priority content media, such as news reports, severe weather reports, stock price activity reports, and other content, for example. In an embodiment, the PMP 100 is configured to be responsive to priority content media, specified by the user, by interrupting the playback of the media specified in the time-schedule playlist, to play the priority content media. Alternatively, rather than interrupting the current playlist, in an embodiment, content designated as priority content may be stored for subsequent playback. In an embodiment, the user can explicitly select specific content stored on the PMP 100 as priority content, and can also select categories of content as priority content. In an embodiment, the priority content can be real-time, contemporaneous content, such as a breaking news report, for example.”).
In view of Hutson’s teaching, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination to include, based on the receiving the new video portion from the first networked content source associated with the higher priority than the second networked content source of the two or more networked content sources: generating a modified file based on the file, wherein the modified file comprises: second data indicative of an updated play order in which the new video portion preempts at least one video portion of the plurality of video portions received from the second networked content source associated with a lower priority than the first networked content source. The modification would serve to facilitate management of playback of preempting high priority content.
Regarding claims 25, 32, and 39, the combination further teaches wherein the new video portion preempting the at least one video portion causes presentation of the at least one video portion at the device to be replaced with presentation of the new video portion (Riley: [0045], “For example, policy rules may give resource requests from certain data sources preferential treatment by giving them higher priority access to the available resources. Further, policy rules can allow certain high priority data sources to preempt a lower priority data stream that is currently using allocated resources.” Hutson: [0025], “The user may desire to indicate high priority content media, such as news reports, severe weather reports, stock price activity reports, and other content, for example. In an embodiment, the PMP 100 is configured to be responsive to priority content media, specified by the user, by interrupting the playback of the media specified in the time-schedule playlist, to play the priority content media.”).
The grounds of rejection of claim 1 under 35 USC §103 are similarly applied to the limitations of claim 28.
The grounds of rejection of claim 1 under 35 USC §103 are similarly applied to the limitations of claim 35.
Claims 22-24, 27, 29-31, 33, and 36-38 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Anthru, Riley, Hutson, and Herlein et al. (US 2010/0011407).
Regarding claims 22, 29, and 36, the combination further teaches wherein the new video portion comprises main content that is not an advertisement (Anthru: [0035], “These multimedia content files are any sort of audio/video clips like, sports video, music video, news clip, movie sound track, etc.” Hutson: [0025], “the priority content can be real-time, contemporaneous content, such as a breaking news report, for example.”).
However, the combination does not expressly teach the at least one video portion comprises one or more advertisements.
Herlein teaches video comprising one or more advertisements ([0023], “Advertising content from the advertiser 202 can consist of audiovisual content including commercials, ‘info-mercials’, product information and product demonstrations, and the like.”).
In view of Herlein’s teaching, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination wherein at least one video portion comprises one or more advertisements in order to enable a combined system to provide users with promotional content. The modification would thereby improve the user experience.
Regarding claims 23, 30, and 37, the combination further teaches wherein the causing the file to be modified is further based on determining that the new video portion comprises a breaking news item (Anthru: [0035], “These multimedia content files are any sort of audio/video clips like, sports video, music video, news clip, movie sound track, etc.” Hutson: [0025], “the priority content can be real-time, contemporaneous content, such as a breaking news report, for example.”).
Regarding claims 24, 31, and 38, the combination further teaches wherein
the new video portion comprises main content that is not an advertisement (Anthru: [0035], “These multimedia content files are any sort of audio/video clips like, sports video, music video, news clip, movie sound track, etc.” Hutson: [0025], “the priority content can be real-time, contemporaneous content, such as a breaking news report, for example.”).
However, the combination does not expressly teach wherein the at least one video portion comprises filler content.
Herlein teaches at least one video portion comprising filler content (Abstract, “the playlists of department channels or groups of department channels are synchronized to endpoints defined in a global playlist schedule.” [0006], [0007], “the playlist of at least two individual channels are synchronized by adding filler content to at least one of the playlists of the at least two individual channels to synchronize the playlists of the at least two individual channels to end at a common endpoint.”).
In view of Herlein’s teaching, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the combination wherein the at least one video portion comprises filler content. The modification would serve to improve the combined system by enabling a means for providing clips from various content providers in synchronized playlists.
Regarding claims 27 and 33, the combination further teaches wherein:
the one or more servers are associated with a content provider (Anthru: ([0026], “the content providers and operators will also have their own priorities for transmission. An ‘operator’ (also referred to as a service provider) is an entity that defines a broadcast service and provisions the contents for the service; a ‘content provider’ is an entity that creates the content for a particular service or set of services.”);
the first networked content source is associated with a broadcast television provider (Anthru: [0026], “the content providers and operators will also have their own priorities for transmission. An ‘operator’ (also referred to as a service provider) is an entity that defines a broadcast service and provisions the contents for the service; a ‘content provider’ is an entity that creates the content for a particular service or set of services.”).However, the combination does not expressly teach the second networked content source is an advertisement provider.
Herlein provides a teaching for an advertisement provider ([0023], “As depicted in FIG. 2, the content for the in-store advertising network 200 and the content distribution system 100 can be provided from an advertiser 202, a recording company 204, a movie studio 206 or other content providers 208. An advertiser 202 can be a product manufacturer, a service provider, an advertising company representing a manufacturer or service provider, or other entity.”).
In view of Herlein’s teaching, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination wherein the second networked content source is an advertisement provider. The modification would facilitate distribution of advertising content to client devices.
Claims 26, 34, and 40 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Anthru, Riley, Hutson, and Neuman (US 2007/0136729).
Regarding claims 26, 34, and 40, the combination further teaches wherein the new video portion preempting the at least one video portion causes presentation of the new video portion at the device (Riley: [0045], “For example, policy rules may give resource requests from certain data sources preferential treatment by giving them higher priority access to the available resources. Further, policy rules can allow certain high priority data sources to preempt a lower priority data stream that is currently using allocated resources.” Hutson: [0025], “The user may desire to indicate high priority content media, such as news reports, severe weather reports, stock price activity reports, and other content, for example. In an embodiment, the PMP 100 is configured to be responsive to priority content media, specified by the user, by interrupting the playback of the media specified in the time-schedule playlist, to play the priority content media.”).
However, the combination does not expressly teach the new video portion preempting the at least one video portion causes delaying the presentation of the video portion.
Neuman teaches preempting causes delaying a presentation of a video portion ([0028], “FIG. 1C is a diagram illustrating preemptive execution of tasks within two audio bitstreams. Referring to FIG. 1C, there is illustrated preemptive execution of scheduled tasks within audio bitstreams A0 and A1.” [0029], “During preemptive execution of tasks, a current task that is being executed may be interrupted until the task execution of an intervening task is complete. After the execution of the intervening task is complete, execution of a remaining portion of the current task may resume. In this regard, an intervening task that may have a real deadline occurring during the execution of a current task may be processed by its deadline by interrupting the execution of the current task. After preemptive execution of the intervening task is complete, execution of the current task may continue and may be completed by the real deadline of the current task. Consequently, one or more intervening tasks with deadlines occurring during the preemptive execution of a current task may meet their deadlines by interrupting execution of the current task.” [0035], “In another embodiment of the invention, the signal processing system 201a may be utilized to process other types of packetized data, such as video data.”).
In view of Neuman’s teaching, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination to wherein the new video portion preempting the at least one video portion causes delaying the presentation of the video portion. The modification would improve a combined system by allowing for higher priority content to complete playback before resuming previous content.
Conclusion
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/MICHAEL R TELAN/ Primary Examiner, Art Unit 2426