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 .
This communication is in response to the application filed on 09/24/2024.
Claims 1-20 are pending and are rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/24/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1, 5, 8, 12, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 6, 9, 13, 15, and 20 of the Patent # 11477305.
Present Application
Patent # 11477305
Claims 1, 8, and 15
receiving, by a content playback device, a first content segment and a second content segment, wherein the second content segment is pushed from a content server to the content playback device;
causing, by the content playback device, the second content segment to be stored in cache storage associated with the content playback device;
determining, by the content playback device, a bandwidth associated with transmission of one or more of the first content segment or the second content segment from the content server to the content playback device; and
sending the second content segment from the cache storage to the content playback device at a rate associated with the determined bandwidth.
Claim 5
determining the bandwidth comprises determining a length of time to receive one or more of the first content segment or the second content segment and determining a data size of one or more of the first content segment or the second content segment.
Claims 1 and 9
receiving, at a network component, from a playback component of a device, a request for a first content fragment;
sending, to a content source, the request for the first content fragment; receiving, at the network component, from the content source, the first content fragment and a second content fragment and storing the first content fragment and the second content fragment in a cache;
determining a first length of time associated with receipt of the first content fragment at the network component from the content source and a second length of time associated with receipt of the second content fragment at the network component from the content source;
determining a first bandwidth based on the first length of time and a size of the first content fragment and a second bandwidth based on the second length of time and a size of the second content fragment;
sending, to the playback component from the cache, the first content fragment at a rate determined in accordance with the first bandwidth; receiving, from the playback component, a request for the second content fragment; and sending, to the playback component from the cache, the second content fragment at a rate determined in accordance with the second bandwidth.
Claims 6, 15, and 20
receiving a plurality of content fragments comprises receiving a push promise message from the content source.
Claim 12
determining the bandwidth comprises dividing the data size by the time length.
Claim 13
determining the first bandwidth comprises dividing the size of the first content fragment by the first length of time and determining the second bandwidth comprises dividing the size of the second content fragment by the second length of time.
Claim 1, 5, 8, 12, and 15 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 4, 6, 9, 12, 15, and 20 of the Patent # 12063286.
Present Application
Patent # 12063286
Claims 1, 8, and 15
receiving, by a content playback device, a first content segment and a second content segment, wherein the second content segment is pushed from a content server to the content playback device;
causing, by the content playback device, the second content segment to be stored in cache storage associated with the content playback device;
determining, by the content playback device, a bandwidth associated with transmission of one or more of the first content segment or the second content segment from the content server to the content playback device; and
sending the second content segment from the cache storage to the content playback device at a rate associated with the determined bandwidth.
Claim 5
determining the bandwidth comprises determining a length of time to receive one or more of the first content segment or the second content segment and determining a data size of one or more of the first content segment or the second content segment.
Claims 1 and 9
receive, from the content source, a plurality of content fragments and store them in a cache;
receive, from a playback device, a request for one of the plurality of content fragments;
determine a length of time associated with receipt of the content fragment at the network component from the content source; determine a bandwidth associated with transmission of the content fragment, based on the determined length of time and a size of the content fragment, from the content source; and
send, to the playback device, the content fragment at a rate determined in accordance with the determined bandwidth..
Claims 6, 15, and 20
receiving a plurality of content fragments comprises receiving a push promise message from the content source.
Claim 12
determining the bandwidth comprises dividing the data size by the time length.
Claims 4 and 12
determining a bandwidth associated with transmission of the content fragment based on dividing the size of the content fragment by the determined length of time.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present applicant and that of Patent # 11477305 are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of Patent # 12063286.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed subject matter of the present applicant and that of Patent # 12063286are substantially the same and the claimed subject matter of the present application would have been obvious to one of ordinary skill in the art based on the claimed subject matter of Patent # 12063286.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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 1-6, 8-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over SZE (US 20200236043 A1) in view of Schoeneberger (US 20050249192 A1).
Regarding claim 1, SZE teaches a method comprising:
receiving, by a content playback device, a first content segment and a second content segment, wherein the second content segment is pushed from a content server to the content playback device ([0088], fig. 1, the system 100 receives input (data flows) from a source endpoint 102 and schedules improved delivery of data packets across various connections 106, and then sequences the data packets (a first content segment and a second content segment) at the other end of the system 108 prior to transmission to the destination endpoint);
causing, by the content playback device, the second content segment to be stored in cache storage associated with the content playback device ([0035] each input data packet being associated with a corresponding sequence number representing an order in the data flow or sequence and to be store in one or more buffers);
determining, by the content playback device, a bandwidth associated with transmission of one or more of the first content segment or the second content segment from the content server to the content playback device ([0152] if the aggregate throughput of connections 106 is smaller (bandwidth associated with transmission) than the throughput between endpoint 102 and gateway 104, the prebuffers inside 104 will continually increase; [0250] As shown in FIG. 8B, in practice, the sender, receiver, and intermediate routing systems can introduce errors in the bandwidth estimate due to competition with other traffic, variability of processing times, network interface card (NIC) optimizations such as interrupt moderation); and
sending the second content segment from the cache storage to the content playback device at a rate associated with the determined bandwidth ([0023] scheduler configured to control the operation of the buffer manager by generating instructions that are executed by the buffer manager to control routing of the input data packets from the one or more buffers through the plurality of data connections).
SZE teaches the second gateway receives data from the source, but does not indicate the gateway is a playback device.
Schoeneberger teaches that the gateway is a playback device ([0007] prompts the gateway to start or stop an on-hold playback from the gateway to a customer).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the SZE disclosure, the gateway can be a playback device by stop or start the on-hold playback from the gateway to a customer, as taught by Schoeneberger. One would be motivated to do so to reduce bandwidth usage in a voice over internet protocol network.
Regarding claim 2, SZE and Schoeneberger teach the method of claim 1, wherein Schoeneberger further teaches sending the second content segment from the cache storage to the content playback device comprises sending the second content segment from the cache storage on the content playback device to a content player on the content playback device ([0027] the workflow sends a "start playback" instruction signal from the media server to the gateway, thus triggering an on-hold playback from the gateway to the network).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the SZE disclosure, the gateway can be a playback device by stop or start the on-hold playback from the gateway to a customer, as taught by Schoeneberger. One would be motivated to do so to reduce bandwidth usage in a voice over internet protocol network.
Regarding claim 3, SZE and Schoeneberger teach the method of claim 1, wherein SZE further teaches the content playback device comprises one or more of a set-top box, a streaming video player, or a content browser ([0117] the system may be configured to classify the video data and metadata associated with the clip, or the FEC data related to the video stream).
Regarding claim 4, SZE and Schoeneberger teach the method of claim 1, wherein SZE further teaches determining the bandwidth comprises determining the bandwidth based on a timestamp and a data size indicated in a push message used to transmit the second content segment ([0249] The bandwidth estimation is based on the sum of the packet sizes (excluding the first packet), divided by the time required to transfer all of the packets).
Regarding claim 5, SZE and Schoeneberger teach the method of claim 1, wherein SZE further teaches determining the bandwidth comprises determining a length of time to receive one or more of the first content segment or the second content segment and determining a data size of one or more of the first content segment or the second content segment ([0249] the packets are received and timestamps are recorded exactly 448 microseconds apart. The time at which it was received marks the time at which the second packet began its transmission from the bottleneck link).
Regarding claim 6, SZE and Schoeneberger teach the method of claim 1, wherein SZE further teaches the content playback device comprises the cache storage ([0095] FIG. 1 provides an overview of a system with two gateways 104 and 108, each containing a buffer manager 150).
Regarding claim 8, SZE teaches a method comprising:
receiving, by a content playback device and in a cache storage associated with the content playback device, a first content segment and a second content segment, wherein the second content segment is pushed from a content server to the content playback device ([0088], fig. 1, the system 100 receives input (data flows) from a source endpoint 102 and schedules improved delivery of data packets across various connections 106, and then sequences the data packets (a first content segment and a second content segment) at the other end of the system 108 prior to transmission to the destination endpoint);
determining a time length associated with receiving the one or more of the first content segment or the second content segment and a data size of one or more of the first content segment or the second content segment ([0249] the packets are received and timestamps are recorded exactly 448 microseconds apart. The bandwidth estimation is based on the sum of the packet sizes (excluding the first packet), divided by the time required to transfer all of the packets).
determining, by the content playback device and based on the time length and data size, a bandwidth associated with transmission of one or more of the first content segment or the second content segment from the content server to the content playback device ([0152] if the aggregate throughput of connections 106 is smaller than the throughput between endpoint 102 and gateway 104, the prebuffers inside 104 will continually increase; [0250] As shown in FIG. 8B, in practice, the sender, receiver, and intermediate routing systems can introduce errors in the bandwidth estimate due to competition with other traffic, variability of processing times, network interface card (NIC) optimizations such as interrupt moderation); and
sending the second content segment from the cache storage to the content playback device at a rate associated with the determined bandwidth ([0023] scheduler configured to control the operation of the buffer manager by generating instructions that are executed by the buffer manager to control routing of the input data packets from the one or more buffers through the plurality of data connections).
SZE teaches the second gateway receives data from the source, but does not indicate the gateway is a playback device.
Schoeneberger teaches that the gateway is a playback device ([0007] prompts the gateway to start or stop an on-hold playback from the gateway to a customer).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the SZE disclosure, the gateway can be a playback device by stop or start the on-hold playback from the gateway to a customer, as taught by Schoeneberger. One would be motivated to do so to reduce bandwidth usage in a voice over internet protocol network.
Regarding claim 9, SZE and Schoeneberger teach the method of claim 8, wherein Schoeneberger further teaches sending the second content segment from the cache storage to the content playback device comprises sending the second content segment from the cache storage on the content playback device to a content player on the content playback device ([0027] the workflow sends a "start playback" instruction signal from the media server to the gateway, thus triggering an on-hold playback from the gateway to the network).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the SZE disclosure, the gateway can be a playback device by stop or start the on-hold playback from the gateway to a customer, as taught by Schoeneberger. One would be motivated to do so to reduce bandwidth usage in a voice over internet protocol network.
Regarding claim 10, SZE and Schoeneberger teach the method of claim 8, wherein SZE further teaches the content playback device comprises one or more of a set-top box, a streaming video player, or a content browser ([0117] the system may be configured to classify the video data and metadata associated with the clip, or the FEC data related to the video stream).
Regarding claim 11, SZE and Schoeneberger teach the method of claim 8, wherein SZE further teaches determining the time length comprises determining a difference between a start time of receiving one or more of the first content segment or the second content segment and an end time of receiving one or more of the first content segment or the second content segment ([0012] generating the bandwidth of the first network interface includes: substituting a received timestamp for a particular packet in the burst with a sent timestamp of a packet sent after the particular packet).
Regarding claim 12, SZE and Schoeneberger teach the method of claim 8, wherein determining the bandwidth comprises dividing the data size by the time length ([0249] The bandwidth estimation is based on the sum of the packet sizes (excluding the first packet), divided by the time required to transfer all of the packets).
Regarding claim 13, SZE and Schoeneberger teach the method of claim 8, wherein SZE further teaches the content playback device comprises the cache storage ([0095] FIG. 1 provides an overview of a system with two gateways 104 and 108, each containing a buffer manager 150).
Regarding claim 15, SZE teaches method comprising:
receiving, by a content playback device and in a cache storage associated with the content playback device, a first content segment and a second content segment, wherein the second content segment is pushed from a content server to the content playback device ([0088], fig. 1, the system 100 receives input (data flows) from a source endpoint 102 and schedules improved delivery of data packets across various connections 106, and then sequences the data packets (a first content segment and a second content segment) at the other end of the system 108 prior to transmission to the destination endpoint);
determining, by the content playback device, a bandwidth associated with transmission of one or more of the first content segment or the second content segment from the content server to the cache storage ([0152] if the aggregate throughput of connections 106 is smaller (bandwidth associated with transmission) than the throughput between endpoint 102 and gateway 104, the prebuffers inside 104 will continually increase; [0250] As shown in FIG. 8B, in practice, the sender, receiver, and intermediate routing systems can introduce errors in the bandwidth estimate due to competition with other traffic, variability of processing times, network interface card (NIC) optimizations such as interrupt moderation); and
sending the second content segment from the cache storage to the content playback device at a reduced rate, based on the determined bandwidth, slower than available for transmission between the cache storage and the content playback device ([0023] scheduler configured to control the operation of the buffer manager by generating instructions that are executed by the buffer manager to control routing of the input data packets from the one or more buffers through the plurality of data connection; [0199] As such, the scheduler 160 and/or the sequencer 162 may be operable to reduce extreme variability in the buffer time of packets).
SZE teaches the second gateway receives data from the source, but does not indicate the gateway is a playback device.
Schoeneberger teaches that the gateway is a playback device ([0007] prompts the gateway to start or stop an on-hold playback from the gateway to a customer).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the SZE disclosure, the gateway can be a playback device by stop or start the on-hold playback from the gateway to a customer, as taught by Schoeneberger. One would be motivated to do so to reduce bandwidth usage in a voice over internet protocol network.
Regarding claim 16, SZE and Schoeneberger teach the method of claim 15, wherein Schoeneberger further teaches sending the second content segment from the cache storage to the content playback device comprises sending the second content segment from the cache storage on the content playback device to a content player on the content playback device ([0027] the workflow sends a "start playback" instruction signal from the media server to the gateway, thus triggering an on-hold playback from the gateway to the network).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the SZE disclosure, the gateway can be a playback device by stop or start the on-hold playback from the gateway to a customer, as taught by Schoeneberger. One would be motivated to do so to reduce bandwidth usage in a voice over internet protocol network.
Regarding claim 17, SZE and Schoeneberger teach the method of claim 15, wherein SZE further teaches the content playback device comprises one or more of a set-top box, a streaming video player, or a content browser ([0117] the system may be configured to classify the video data and metadata associated with the clip, or the FEC data related to the video stream)
Regarding claim 18, SZE and Schoeneberger teach the method of claim 15, wherein SZE further teaches determining the bandwidth comprises determining the bandwidth based on a timestamp and a data size indicated in a push message used to transmit the second content segment ([0249] The bandwidth estimation is based on the sum of the packet sizes (excluding the first packet), divided by the time required to transfer all of the packets).
Regarding claim 19, SZE and Schoeneberger teach the method of claim 15, wherein SZE further teaches determining the bandwidth comprises determining a length of time to receive one or more of the first content segment or the second content segment and determining a data size of one or more of the first content segment or the second content segment ([0249] the packets are received and timestamps are recorded exactly 448 microseconds apart. The time at which it was received marks the time at which the second packet began its transmission from the bottleneck link).
Regarding claim 20, SZE and Schoeneberger teach the method of claim 15, wherein SZE further teaches the content playback device comprises the cache storage ([0095] FIG. 1 provides an overview of a system with two gateways 104 and 108, each containing a buffer manager 150).
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over SZE (US 20200236043 A1) in view of Schoeneberger (US 20050249192 A1) and further in view of Su (US 20170195448 A1).
Regarding claim 7, SZE and Schoeneberger teach the method of claim 1, SZE does not explicitly teach wherein the cache storage is comprised in a separate computing device from the content playback device.
Su teaches
the cache storage is comprised in a separate computing device from the content playback device ([0043], fig. 6, the system 600 includes a client playback device 611 and cache storage 615).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the SZE disclosure, the system includes a playback device and a cache storage separately, as taught by Su. One would be motivated to do so to serve the HTTP Response from the cache storage to the client playback device.
Regarding claim 14, SZE and Schoeneberger teach the method of claim 8, SZE does not ex wherein the cache storage is comprised in a separate computing device from the content playback device.
Su teaches
the cache storage is comprised in a separate computing device from the content playback device ([0043], fig. 6, the system 600 includes a client playback device 611 and cache storage 615).
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention made to include in the SZE disclosure, the system includes a playback device and a cache storage separately, as taught by Su. One would be motivated to do so to serve the HTTP Response from the cache storage to the client playback device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Do (US 20170041238 A1) and O'CALLAGHAN (US 20150180924 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANH NGUYEN whose telephone number is (571)270-0657. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Umar Cheema can be reached at 5712703037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANH NGUYEN/Primary Examiner, Art Unit 2458