DETAILED ACTION
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 .
Election/Restrictions
Applicant's election with traverse of Species 1 (Claims 1-7 and 15-20) in the reply filed on 08/11/2025 is acknowledged. The traversal is on the ground(s) that the restriction requirement is improper because, contrary to the Office Action’s assertion, the alleger species are not district and do not present a search/examiner burden; remarks page 6.
This is not found persuasive because the elements claimed by claims 8-14 (Species II) capture mutually exclusive and distinct elements that are not claimed in claims 1-7 and 15-20. For instance, determining based on a data profile data peaks, and based on these peaks determine data troughs are essential elements that are claimed in independent claim 8 (Species II), and they are not part of independent claims 1 and 15. Therefore, claims 8-14 drawn to Species II do in fact present a search/examination burden for the examiner as noted on the restriction mailed on 06/09/2025.
The requirement is still deemed proper and is therefore made FINAL.
Claims 8-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 08/11/2025.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-7 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Randall (Pub No US 2012/0114302). Hereinafter, referenced as Randall.
Regarding claim 1, Randall discloses a method comprising:
receiving, from a media device (e.g. playback device 124), a request for content (Paragraph [0333] figure 1; playback device 124 issues content request to remote source 130);
sending, to the media device: the content (Paragraph [0333] figure 1; requested content),
supplemental content (e.g. null packets) that is based on a data profile associated with the content (Paragraph [0333] figure 1; selecting a bit rate profile that meets the network conditions), wherein the supplemental content is configured to obfuscate the data profile (Paragraph [0246] figures 26-27; null data identification, e.g. bits, constant value, etc., so that the null data can be detected and ignored by the playback device 124. Wherein since the null packets are inserted in order to conform with the template stream 2712 to output the stream at the highest expected bit rate, the actual bit rate profile, e.g. data profile, is inaccurate, i.e. obfuscated; paragraphs [0247] [0271]),
and an information file (e.g. null data identification) configured to cause the media device to process the content and supplemental content (Paragraphs [0220] [0245] [0246] figures 26-27; distribute request content including null packets padding bits to maintain timing and satisfy buffering requirements).
Regarding claim 2, Randall discloses the method of claim 1; moreover, Randall discloses causing the media device to process one or more packets of content and one or more packets of supplemental content according to the information file (Paragraph [0246] figures 26-27; null data identification, e.g. bits, constant value, etc., so that the null data can be detected and ignored by the playback device 124).
Regarding claim 3, Randall discloses the method of claim 2; moreover, Randall discloses that causing the media device to process the one or more packets of content and the one or more packets of supplemental content according to the information file comprises causing the media device to: output the one or more first packets of content; and not output the one or more second packets of content supplemental content (Paragraph [0246] figures 26-27; null data identification, e.g. bits, constant value, etc., so that the null data can be detected and ignored by the playback device 124).
Regarding claim 4, Randall discloses the method of claim 1; moreover, Randall discloses that the supplemental content comprises one or more null packets and wherein the media device is configured to ignore, based on the information file, the one or more null packets (Paragraph [0246] figures 26-27; null data identification, e.g. bits, constant value, etc., so that the null data can be detected and ignored by the playback device 124).
Regarding claim 5, Randall discloses the method of claim 1; moreover, Randall discloses that sending the supplemental content and the information file comprises:
determining, based on the content, a bitrate profile associated with the content (Paragraph [0333] figure 1; selecting a bit rate profile that meets the network conditions);
and determining, based on the bitrate profile, an enhanced bitrate profile, wherein the enhanced bitrate profile is configured to obfuscate the bitrate profile associated with the content (Paragraph [0246] figures 26-27; null data identification, e.g. bits, constant value, etc., so that the null data can be detected and ignored by the playback device 124. Wherein since the null packets are inserted in order to conform with the template stream 2712 to output the stream at the highest expected bit rate, the actual bit rate profile, e.g. data profile, is inaccurate, i.e. obfuscated; paragraphs [0247] [0271]).
Regarding claim 6, Randall discloses the method of claim 5; moreover, Randall discloses that determining the enhanced bitrate profile comprises: determining a bitrate profile associated with the content (Paragraph [0333] figure 1; selecting a bit rate profile that meets the network conditions);
determining, based on the bitrate profile associated with the content, an amount of supplemental content (Paragraphs [0247] [0271]; null packets needed to insert in order to conform with the template stream 2712 to output the stream at the highest expected bit rate, the actual bit rate profile, e.g. data profile, is inaccurate, i.e. obfuscated);
and determining, based on a bitrate profile associated with the content, timing information associated with the supplemental content (Paragraphs [0220] [0245] [0246] figures 26-27; distribute request content including null packets padding bits to maintain timing and satisfy buffering requirements).
Regarding claim 7, Randall discloses the method of claim 1; moreover, Randall discloses determining, based on a random number and a bitrate profile associated with the content, an amount of the supplemental content to send to the media device (Paragraphs [0247] [0271]; null packets needed to insert in order to conform with the template stream 2712 to output the stream at the highest expected bit rate, the actual bit rate profile, e.g. data profile, is inaccurate, i.e. obfuscated).
Regarding claim 15, Randall discloses a method comprising:
receiving, from a content source, based on a request for content from a media device, content (Paragraph [0333] figure 1; playback device 124 issues content request to remote source 130);
determining, based on the content, a data profile associated with the content (Paragraph [0333] figure 1; selecting a bit rate profile that meets the network conditions);
determining, based on the data profile associated with the content, an enhanced data profile associated with supplemental content (e.g. null packets) and an information file associated with the supplemental content (Paragraph [0246] figures 26-27; null data identification, e.g. bits, constant value, etc., so that the null data can be detected and ignored by the playback device 124);
and sending, to the media device (e.g. playback device 124), the content, the information file (e.g. null data identification), and, based on the enhanced data profile, the supplemental content (Paragraphs [0220] [0245] [0246] figures 26-27; distribute request content including null packets padding bits to maintain timing and satisfy buffering requirements).
Regarding claim 16, Randall discloses the method of claim 15; moreover, Randall discloses that the supplemental content comprises one or more null packets (e.g. null packets) and wherein the enhanced data profile is configured to obfuscate the data profile associated with the content (Paragraph [0246] figures 26-27; null data identification, e.g. bits, constant value, etc., so that the null data can be detected and ignored by the playback device 124. Wherein since the null packets are inserted in order to conform with the template stream 2712 to output the stream at the highest expected bit rate, the actual bit rate profile, e.g. data profile, is inaccurate, i.e. obfuscated; paragraphs [0247] [0271]).
Regarding claim 17, Randall discloses the method of claim 15; moreover, Randall discloses that the information file is configured to cause the media device to ignore the supplemental content (Paragraph [0246] figures 26-27; null data identification, e.g. bits, constant value, etc., so that the null data can be detected and ignored by the playback device 124).
Regarding claim 18, Randall discloses the method of claim 15; moreover, Randall discloses that receiving the supplemental content comprises receiving the supplemental content in a data stream comprising the content (Paragraphs [0220] [0245] [0246] figures 26-27; distribute request content including null packets).
Regarding claim 19, Randall discloses the method of claim 15; moreover, Randall discloses that determining the supplemental content comprises determining a difference between the data profile and a constant bitrate (Paragraph [0245]; null packets 2727 provide padding bits between packets 2724 of content stream 2714 to, in part, compensate for the differences in the content stream 2714 versus the template stream 2712).
Regarding claim 20, Randall discloses the method of claim 15; moreover, Randall discloses determining a difference between the data profile and a constant bitrate; and determining, based on the different, an amount of supplemental content to send to the media device (Paragraph [0245]; null packets 2727 provide padding bits between packets 2724 of content stream 2714 to, in part, compensate for the differences in the content stream 2714 versus the template stream 2712).
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Patro et al. (Pub No US 2021/0152860) – intercepting and inspecting data packets to determine attributes of streaming the content, such as adaptive bitrate profiles, abstract and paragraphs [0099] [0103] figures 3-4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUNIOR O MENDOZA whose telephone number is (571)270-3573. The examiner can normally be reached Mon-Fri 10am-6pm EST..
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JUNIOR O. MENDOZA
Primary Examiner
Art Unit 2424
/JUNIOR O MENDOZA/Primary Examiner, Art Unit 2424