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 claim(s) 1-2, and 5-12 have been considered but are moot in view of new grounds of rejection.
Examiner has brought in Bae (2014/0143824) to disclose the newly amended feature.
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, 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) 1-2, and 5-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over
Gao (2009/0265743) in view of Bae (2014/0143824).
As for claims 1 and 8, Gao discloses a managing method and corresponding non-transitory CRM for managing access, by a reader, to televised content, wherein the method is implemented by the reader, to televised content, wherein the method comprises:
obtaining, for given/televised content, a set of multicast distribution channels associated with respective distribution times of the given/televised that are temporally spaced apart (Each multicast channel plays the program on a cyclic basis. There is always an nVOD multicast channel that plays the program from the beginning. When the user selects the program, the closest nVOD channel in time is selected so that the user can watch the program from the beginning while at the same time conserving network resources by not having to use unicast streams for each user device that selects a stream; [0022], [0025], [0059], [0135], [0149]-[0151]); and
when playback of the televised content is requested: making a content access request ([0114], [0022], [0025], [0059], [0135], [0149]-[0151]).
However, Gao fails to disclose:
Selecting a multicast distribution channel from said set whose distribution time follows a time of receipt of the content access request when the time of receipt does not coincide with any of the distribution times;
Playing back the given/televised content of the selected multicast distribution channel when the selected multicast distribution channel is received
In an analogous art, Bae discloses:
Selecting a multicast distribution channel from said set whose distribution time follows a time of receipt of the content access request when the time of receipt does not coincide with any of the distribution times (A multicast stream channel is selected that has a transmission time later than and at the same time closest to the content transmission request time among the candidate multicast stream channels [0028], [0035], [0102], [0125], [0131]); and
Playing back the given/televised content of the selected multicast distribution channel when the selected multicast distribution channel is received ([0028], [0035], [0102], [0125], [0131]);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao’s invention to include the abovementioned limitation, as taught by Bae, for the advantage of reducing the wait time of receiving content and watching content in its entirety.
As for claim 2, Bae discloses wherein the distribution time of the selected multicast distribution channel is the closest of the distribution times to the time of receipt (A multicast stream channel is selected that has a transmission time later than and at the same time closest to the content transmission request time among the candidate multicast stream channels [0028], [0035], [0102], [0125], [0131]).
As for claim 5, Gao discloses comprising deleting a distribution channel when playback of the content on that channel has ended ([0076], [0080]).
As for claim 6, Gao discloses wherein all the distribution times are included in data representative of a program guide (EPG; [0042], [0055], [0114], [0120]).
As for claim 7, Gao discloses an entity for managing access to televised content,
at least one processor; and at least one non-transitory computer readable medium comprising instructions stored thereon which when executed by the at least one processor configure the entity to implement a method for managing access, by a reader, to televised content ([0007]),
the method comprising:
obtaining, for given content, a set of multicast distribution channels associated with respective distribution times that are temporally spaced apart (Each multicast channel plays the program on a cyclic basis. There is always an nVOD multicast channel that plays the program from the beginning. When the user selects the program, the closest nVOD channel in time is selected so that the user can watch the program from the beginning while at the same time conserving network resources by not having to use unicast streams for each user device that selects a stream; [0022], [0025], [0059], [0135], [0149]-[0151]); and
when playback of the televised content is requested ([0114], [0022], [0025], [0059], [0135], [0149]-[0151]).
However, Gao fails to disclose:
Selecting a multicast distribution channel from said set whose distribution time follows a time of receipt of the content access request when the time of receipt does not coincide with any of the distribution times;
Playing back the given/televised content of the selected multicast distribution channel when the selected multicast distribution channel is received.
In an analogous art, Bae discloses:
Selecting a multicast distribution channel from said set whose distribution time follows a time of receipt of the content access request when the time of receipt does not coincide with any of the distribution times (A multicast stream channel is selected that has a transmission time later than and at the same time closest to the content transmission request time among the candidate multicast stream channels [0028], [0035], [0102], [0125], [0131]); and
Playing back the given/televised content of the selected multicast distribution channel when the selected multicast distribution channel is received ([0028], [0035], [0102], [0125], [0131]);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao’s invention to include the abovementioned limitation, as taught by Bae, for the advantage of reducing the wait time of receiving content and watching content in its entirety.
As for claims 9, 10, and 12, Gao discloses an entity for managing distribution of content having a scheduled distribution time, wherein the entity comprises:
at least one processor; and at least one non-transitory computer readable medium comprising instructions stored thereon which when executed by the at least one processor configure the entity to implement a method comprising:
creating, for given/televised content, a set of multicast distribution channels associated with respective distribution times that are temporally spaced apart (Each multicast channel plays the program on a cyclic basis. There is always an nVOD multicast channel that plays the program from the beginning. When the user selects the program, the closest nVOD channel in time is selected so that the user can watch the program from the beginning while at the same time conserving network resources by not having to use unicast streams for each user device that selects a stream; [0022], [0025], [0059], [0135], [0149]-[0151]);
receiving a playback request of the televised content ([0114], [0022], [0025], [0059], [0135], [0149]-[0151]); and
transmitting the televised content via the multicast distribution channel associated with the chosen distribution time ([0114], [0022], [0025], [0059], [0135], [0149]-[0151]).
However, Gao fails to disclose:
wherein the distribution time follows a time of receipt of the playback request when the time of receipt does not coincide with any of the distribution times;
In an analogous art, Bae discloses:
wherein the distribution time follows a time of receipt of the playback request when the time of receipt does not coincide with any of the distribution times (A multicast stream channel is selected that has a transmission time later than and at the same time closest to the content transmission request time among the candidate multicast stream channels [0028], [0035], [0102], [0125], [0131]);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gao’s invention to include the abovementioned limitation, as taught by Bae, for the advantage of reducing the wait time of receiving content and watching content in its entirety.
As for claim 11, Gao discloses wherein the entity is implemented in a server ([0022], [0025]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 SUMAIYA A CHOWDHURY whose telephone number is (571)272-8567. The examiner can normally be reached 9:00-3:00 PM.
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SUMAIYA A. CHOWDHURY
Examiner
Art Unit 2421
/SUMAIYA A CHOWDHURY/Primary Examiner, Art Unit 2421