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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/27/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Terminal Disclaimer
The terminal disclaimer filed on 08/27/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of Patent No. 12,058,406 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Allowable Subject Matter
Claims 4 and 23 are allowed.
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 1-3, 9, 13, 21 and 25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (Pub No US 2014/0351385). Hereinafter, referenced as Li.
Regarding claim 1, Li discloses a method of broadcasting channels from a broadcaster (e.g. content delivery network CDN 103) to a broadcast receiver (e.g. gateway 101 implemented on a STB), the method comprising:
said broadcaster (e.g. content delivery network CDN 103) encoding plurality of streams for each at least one channel broadcast, wherein each stream comprises video displaying content of its respective associated channel and encoded at a different bitrate relative to other of said plurality of streams displaying the content of its respectively associated channel (Paragraphs [0013] [0014] figure 1; source ABR server 105 in CDN 103 may encode the AV content items in multiple AV representations at one or more bit rates);
said broadcaster (e.g. content delivery network CDN 103) transmitting said plurality of streams for each at least one channel broadcast to said broadcast receiver (Paragraphs [0013] [0017] figure 1; source ABR server 105 in CDN 103 transmitting AV content streams);
said broadcaster (e.g. content delivery network CDN 103) further transmitting instructions (e.g. source manifest 106) to the broadcast receiver (e.g. gateway 101 implemented on a STB), the instructions usable by the broadcast receiver (e.g. gateway 101 implemented on a STB) to segment each of the plurality of streams into sequential chunks (Paragraph [0013]; e.g. content segments) suitable for delivery by the broadcast receiver of Adaptive Bitrate (ABR) content to a display device (Paragraphs [0015] [0017] [0020] figure 1; client device 104 may request ABR content including local manifest 107 from ABR proxy 102 located in gateway 101, the ABR proxy 102 located in gateway 101 acting as a local ABR server to client 104. Wherein the ABR proxy 102 in gateway 101 may generate a local manifest file 107, including a local playlist, based on the source manifest file 106; paragraph [0025]).
Regarding claim 2, Li discloses the method of claim 1; moreover, Li discloses that transmitting a plurality of streams at different bit rates for each channel includes at least two streams at lower bit rates (Paragraphs [0013] [0016] [0017] figure 1; source ABR server 105 in CDN 103 transmitting AV content streams, e.g. lower bit rate streams).
Regarding claim 3, Li discloses the method of claim 1; moreover, Li discloses that transmitting a plurality of streams at lower bit rates for each channel includes at least one stream at high bit rate and resolution (Paragraphs [0013] [0016] [0021] figure 1; source ABR server 105 in CDN 103 transmitting AV content streams, e.g. higher bit rate streams).
Regarding claim 9, Li discloses the method of claim 1; moreover, Li discloses that the instructions include profile bitrates and other parameters to assist in creating manifest files required by the ABR protocol requested by the display device (Paragraphs [0015] [0017] [0020] [0025] figure 1; the ABR proxy 102 in gateway 101 may generate a local manifest file 107, including a local playlist, based on the source manifest file 106).
Regarding claim 13, Li discloses the method of claim 1; moreover, Li discloses that the instructions are usable by the broadcast receiver to build a set of playlists according to one or more ABR formats (Paragraphs [0015] [0017] [0020] [0025] figure 1; e.g. local manifest file 107, including a local playlist, based on the source manifest file 106).
Regarding claim 21, Li discloses all the limitations of claim 21; therefore, claim 21 is rejected for the same reasons stated in claim 1.
Regarding claim 25, Li discloses disclose all the limitations of claim 25; therefore, claim 25 is rejected for the same reasons stated in claim 13.
Claim Rejections - 35 USC § 103
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 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.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Ben Eli et al. (Pub No US 2017/0149860). Hereinafter, referenced as Ben Eli.
Regarding claim 6, Li discloses the method of claim 1; moreover, Li discloses that the instructions are usable by the broadcast receiver to segment each of the plurality of streams into sequential chunks and so that each chunk has a time duration within a predetermined range (Paragraphs [0015] [0017] [0020] figure 1; client device 104 may request ABR content including local manifest 107 from ABR proxy 102 located in gateway 101, the ABR proxy 102 located in gateway 101 acting as a local ABR server to client 104. Wherein the ABR proxy 102 in gateway 101 may generate a local manifest file 107, including a local playlist, based on the source manifest file 106; paragraph [0025]).
However, it is noted that Li is silent to explicitly disclose that each chunk starts with an anchor frame that is aligned in time across the plurality of streams for each channel.
Nevertheless, in a similar field of endeavor Ben Eli discloses that each chunk starts with an anchor frame (Paragraphs [0098] [0099]; pre-fetched segments start with anchor frames) that is aligned in time across the plurality of streams for each channel (Paragraphs [0084]; prefetch two or more segment files, encoded at different rates, all corresponding to the same playback start and end times, e.g. aligned).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li by specifically providing the elements mentioned above, as taught by Ben Eli, for the predictable result of standardizing the length of pre-fetched chunks in order to simplify the switching mechanism between streams.
Regarding claim 7, Li and Ben Eli disclose the method of claim 6; moreover, Li discloses that the predetermined range spans an interval between 0.5 and 12 seconds (Paragraph [0013]; e.g. 10 seconds in length). Moreover, Ben Eli also discloses that the predetermined range spans an interval between 0.5 and 12 seconds (Paragraphs [0046]; e.g. 10 seconds).
Claim 10, 22, 24 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Kanungo (Pub No US 2016/0277366). Hereinafter, referenced as Kanungo.
Regarding claim 10, Li discloses the method of claim 1; moreover, Li discloses the plurality of streams at different bit rates for each channel (Paragraphs [0013] [0017] figure 1; source ABR server 105 in CDN 103 transmitting AV content streams).
However, it is noted that Li is silent to explicitly disclose encrypting the plurality of streams using traditional broadcast conditional access.
Nevertheless, in a similar field of endeavor Kanungo discloses encrypting the plurality of streams using traditional broadcast conditional access (Paragraphs [0018] [0028] [0029] figure 2; encrypting each segment 117 implementing a key).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li by specifically providing the elements mentioned above, as taught by Kanungo, for the predictable result of preventing unauthorized reproduction or use of the segment (Kanungo – paragraph [0018]).
Regarding claim 22, Li and Kanungo disclose all the limitations of claim 22; therefore, claim 22 is rejected for the same reasons stated in claim 10.
Regarding claim 24, Li discloses the method of claim 21; moreover, Li discloses that, upon selection of a channel to view by a display device, the broadcast receiver processes the plurality of streams at different bit rates for the channel into a requested ABR chunk format (Paragraphs [0015] [0017] [0020] figure 1; client device 104 may request ABR content including local manifest 107 from ABR proxy 102 located in gateway 101, the ABR proxy 102 located in gateway 101 acting as a local ABR server to client 104. Wherein the ABR proxy 102 in gateway 101 may generate a local manifest file 107, including a local playlist, based on the source manifest file 106; paragraph [0025]).
However, it is noted that Li is silent to explicitly disclose that the broadcast receiver decrypts and processes the plurality of streams.
Nevertheless, in a similar field of endeavor Kanungo discloses that the broadcast receiver decrypts and processes the plurality of streams (Paragraphs [0018] [0028] [0029] figure 2; encrypting each segment 117 implementing a key, i.e. decrypt 224 at media device 104; paragraph [0034]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li by specifically providing the elements mentioned above, as taught by Kanungo, for the predictable result of preventing unauthorized reproduction or use of the segment (Kanungo – paragraph [0018]).
Regarding claim 26, Li discloses the method of claim 21; moreover, Li discloses the ABR chunks (Paragraphs [0015] [0017] [0020] figure 1; client device 104 may request ABR content including local manifest 107 from ABR proxy 102 located in gateway 101, the ABR proxy 102 located in gateway 101 acting as a local ABR server to client 104. Wherein the ABR proxy 102 in gateway 101 may generate a local manifest file 107, including a local playlist, based on the source manifest file 106; paragraph [0025]).
However, it is noted that Li is silent to explicitly disclose encrypting the chunks, and implementing a key management system to provide encryption keys or key material to client devices.
Nevertheless, in a similar field of endeavor Kanungo discloses encrypting (e.g. encrypt segments 206) the chunks, and implementing a key management system to provide encryption keys or key material to client devices (Paragraphs [0018] [0028] [0029] figure 2; decrypt 224 using a key at media device 104; paragraph [0034]. Wherein key may be stored in a number of files that may be requested 216 by the client device 104; paragraph [0033]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li by specifically providing the elements mentioned above, as taught by Kanungo, for the predictable result of preventing unauthorized reproduction or use of the segment (Kanungo – paragraph [0018]).
Regarding claim 27, Li discloses the method of claim 21; moreover, Li discloses that the broadcast receiver (e.g. gateway 101) is configured to act as a server for the playlists, and media segments to the display device (Paragraphs [0015] [0017] [0020] figure 1; client device 104 may request ABR content including local manifest 107 from ABR proxy 102 located in gateway 101, the ABR proxy 102 located in gateway 101 acting as a local ABR server to client 104. Wherein the ABR proxy 102 in gateway 101 may generate a local manifest file 107, including a local playlist, based on the source manifest file 106; paragraph [0025]).
However, it is noted that Li is silent to explicitly disclose that the broadcast receiver is configured to act as a server for key related files to the display device.
Nevertheless, in a similar field of endeavor Kanungo discloses that the broadcast receiver (e.g. media server device 102) is configured to act as a server for key related files to the display device (Paragraphs [0018] [0028] [0029] figure 2; decrypt 224 using a key at media device 104; paragraph [0034]. Wherein key may be stored in a number of files that may be requested 216 by the client device 104; paragraph [0033]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li by specifically providing the elements mentioned above, as taught by Kanungo, for the predictable result of preventing unauthorized reproduction or use of the segment (Kanungo – paragraph [0018]).
Regarding claim 28, Li and Kanungo disclose the method of claim 27; moreover, Li discloses that the broadcast receiver stores the plurality of sequential chunks at a time prior to the display device requesting access to a stream at a bit rate for a channel (Paragraphs [0015] [0017] [0020] figure 1; client device 104 may request ABR content including local manifest 107 from ABR proxy 102 located in gateway 101, the ABR proxy 102 located in gateway 101 acting as a local ABR server to client 104. Wherein the ABR proxy 102 in gateway 101 may generate a local manifest file 107, including a local playlist, based on the source manifest file 106; paragraph [0025]).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Thorwirth et al. (Pub No US 2018/0129273). Hereinafter, referenced as Thorwirth.
Regarding claim 15, Li discloses the method of claim 13; moreover, Li discloses the at least one ABR format (Paragraphs [0015] [0017] [0020] figure 1; client device 104 may request ABR content including local manifest 107 from ABR proxy 102 located in gateway 101, the ABR proxy 102 located in gateway 101 acting as a local ABR server to client 104. Wherein the ABR proxy 102 in gateway 101 may generate a local manifest file 107, including a local playlist, based on the source manifest file 106; paragraph [0025]).
However, it is noted that Li is silent to explicitly disclose that at least one ABR format is HLS.
Nevertheless, in a similar field of endeavor Thorwirth discloses that at least one ABR format is HLS (Paragraph [0070]; e.g. HLS).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li by specifically providing the elements mentioned above, as taught by Thorwirth, for the predictable result of implementing well-known segmenting technologies that currently facilitate this selection of multiple bitrate versions of content.
Regarding claim 16, Li discloses the method of claim 13; moreover, Li discloses the at least one ABR format (Paragraphs [0015] [0017] [0020] figure 1; client device 104 may request ABR content including local manifest 107 from ABR proxy 102 located in gateway 101, the ABR proxy 102 located in gateway 101 acting as a local ABR server to client 104. Wherein the ABR proxy 102 in gateway 101 may generate a local manifest file 107, including a local playlist, based on the source manifest file 106; paragraph [0025]).
However, it is noted that Li is silent to explicitly disclose that at least one ABR format is DASH.
Nevertheless, in a similar field of endeavor Thorwirth discloses that at least one ABR format is DASH (Paragraph [0070]; e.g. HLS).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li by specifically providing the elements mentioned above, as taught by Thorwirth, for the predictable result of implementing well-known segmenting technologies that currently facilitate this selection of multiple bitrate versions of content.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Visharam et al. (Pub No US 2012/0254456). Hereinafter, referenced as Visharam.
Regarding claim 20, Li discloses the method of claim 1; moreover, Li the plurality of streams for each channel (Paragraphs [0015] [0017] [0020] figure 1; client device 104 may request ABR content including local manifest 107 from ABR proxy 102 located in gateway 101, the ABR proxy 102 located in gateway 101 acting as a local ABR server to client 104. Wherein the ABR proxy 102 in gateway 101 may generate a local manifest file 107, including a local playlist, based on the source manifest file 106; paragraph [0025]).
However, it is noted that Li is silent to explicitly disclose hint data in an MPEG program table descriptor that can be used by a client device for the creation of ABR playlists.
Nevertheless, in a similar field of endeavor Visharam discloses hint data in an MPEG program table descriptor (Paragraph [0348]; e.g. MPEG-TS) that can be used by a client device for the creation of ABR playlists (Paragraph [0359]; entries with hints for generating the manifest files for the various adaptive streaming formats).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Li by specifically providing the elements mentioned above, as taught by Ben Visharam, for the predictable result of implementing well known content distribution formats suitable for most client devices already available in the market.
Conclusion
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JUNIOR O. MENDOZA
Primary Examiner
Art Unit 2424
/JUNIOR O MENDOZA/Primary Examiner, Art Unit 2424
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