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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Ratsch; Peter Werner et al. US 20090300674 A1 (hereafter Ratsch) and in further view of Yamato, Jun-Ichi et al. US 20020104101 A1 (Yamato) and in further view of KIM; Mun-jo et al. US 20110016171 A1 (hereafter Kim) and in further view of Ramachandran; Kumar et al. US 20100086283 A1 (hereafter Ramachandran).
Regarding claim 1, “a television device configured to receive both broadcast channel data and meta data including identity of what content or instructions should be played or initiated by the television device when a consumer selects a certain channel among a plurality of broadcast channels” Ratsch para 82-84 and Fig. 3B disclose that after a channel has been currently selected, a media item is presented and media information related to the presented media item. See also para 65-72 enhanced content is distributed while the programing that it pertains to is broadcast such that identifying that the programming is selected for viewing, then the enhancement information is presented along with the programming content.
With respect to “wherein the meta data is configured to command a full screen takeover, a playing of a video from a video streaming server when the certain channel is selected and a command instructing the television device to commence a download of an auto-downloadable application program, wherein the auto-downloadable application program is configured to be used for delivering at least one of interactive features, controls, transaction capabilities and personalization functions with controls and iconography appearing following real-time playback of the video streamed from the video streaming server” Ratsch para 81-83 teaches an enhancement information 302 is used to present the enhanced information 304 associated with a programming event occurring on a so-called "currently selected channel" and enhanced information associated with the currently selected channel is displayed in an enhancement information pop-up 302C window which is overlaid over a portion of the basic programming grid information and wherein Ratsch para 66-72 discloses displaying enhancement data which comprises description and analysis of content presented in association of the media item because dynamic program description describes persons and events occurring in the media item. Whereas Ratsch does not use the terms “full screen takeover”, Ratsch does disclose a non-limiting example which a person of ordinary skill in the art would reasonably infer that the size of the window can be altered to any size wherein Ratsch para 83 states “It should be noted that the size of the enhancement information 302C window in relation to other aspects of the enhanced electronic programming guide 300C is not limiting and, therefore, the enhancement information pop-up 302C window can be overlaid over portions of the basic programming grid information 206, the video feed 202 window and the content provider information 204. The enhancement information pop-up 302C window can be displayed when the subscriber 100 changes the currently selected channel (for instance, moves the selection from the programming event associated with the channel slot 218 to the programming event associated with the channel slot 222).” With respect to “a command instructing the television device to commence a download of an auto-downloadable application program, wherein the auto-downloadable application program is configured to be used for delivering at least one of interactive features, controls, transaction capabilities and personalization functions with controls and iconography appearing following real-time playback of the video streamed from the video streaming server” Ratsch para 21-22, 29 teaches auto-downloadable application program for interactive features wherein “the content acquiring module 110 can be responsible for acquiring different types of content from a content source 111...The feature content can be used for delivering various feature packages, such as but not limited to electronic programming guide information, interactive applications, weather reports, stock quotes and the like.” Ratsch does not reference iconography.
Additionally, whereas Ratsch does not use the term iconography (i.e., as recited in “iconography appearing following real-time playback of the video streamed from the video streaming server”), in an analogous art, Yamato teaches displaying icons wherein Fig. 1-2 and para 43-52 disclose a system for detecting that a terminal apparatus 50 is presenting program video content received from broadcasting station 10 in order to enable a remote server 30 to transmit information that has been linked in the content information that has been stored in server 30 and displayed according to instructions from that user that is viewing the program. See also Fig. 29 and para 52-57 disclosing a terminal apparatus for displaying real-time media information window comprising icons for displaying a program and playback of video functionality that is transmitted from broadcasting station 10 and simultaneously displaying content information linked to media information of said program and received from server 30.
In an analogous art, Kim teaches the deficiency of Ratsch and Yamato regarding iconography wherein Kim teaches that when a user is watching a predetermined channel, the script may display a predetermined button, indicating that execution of an application relating to the channel is ready, on a television screen (para 75-76 corresponds to a user operation detected when a predetermined display screen is being displayed). As such, Kim teaches that a predetermined button is displayed to a user depending on a particular application and wherein each application is either obtained using a through a broadcast network stream or from a server using a network such as the Internet (para 53-76; see also para 87-95). With respect to the inference discussed above with respect to command a full screen takeover, Kim para [0078] The application package includes not only the resource and the script, but also the information about an execution environment of an application, and thus may control execution of an application. The information about an execution environment of an application may include a size of a screen for executing an application, a name of an application, and contents relating to an author and license.
The prior art discloses a motivation for modifying the teachings of Ratsch, Yamato, and Kim wherein Ramachandran para 67-81 teaches simultaneously displaying media information and metadata comprises a description and analysis of content presented in association with the media item because a benefit to the audience can be that the descriptive data presented with the video enhances the viewing experience. There can be at least three broad categories of value added to the audience. One category is trusted, valuable data. The descriptive data (such as "metadata", "contextual data" or "context") can come from credible sources and is relevant to the video's subject matter. See also para 53 disclosing metadata will command a full screen takeover.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Ratsch’s invention for providing enhanced content metadata to a client terminal device presenting broadcast programing channel associated with said enhancement content metadata by further incorporating known elements of Yamoto’s invention for detecting that a user terminal apparatus is presenting program video content received from broadcasting station to enable a remote server to transmit information that has been linked in the content information stored in said server in order to be displayed according to instructions from that user that is viewing the program such that after identifying that the programming is selected for viewing, then the enhancement information is presented along with the programming content because the prior art to Ramachandran teaches simultaneously displaying media information comprises a description and analysis of content presented in association with the media item and recognizes the benefit to the audience can be that the descriptive data presented with the video enhances the interactive viewing experience. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Ratsch and Yamato for providing enhanced content metadata to a client terminal media device presenting broadcast programing channel associated with said enhancement content metadata by further incorporating known elements of Kim’s invention for displaying a broadcast programing channel and application content associated with said channel comprising displaying predetermined icons based on displaying commands about an execution environment of an application and thus may control execution of an application including a size of a display screen because the prior art to Ramachandran teaches simultaneously displaying media information comprises a description and analysis of content presented in association with the media item and recognizes the benefit to the audience can be that the descriptive data presented with the video enhances the interactive viewing experience.
Regarding claim 2, “a television device configured to receive both broadcast channel data and meta data comprising a first command instructing the television device to initiate streaming of a video from a video streaming server and a second command instructing the television device to commence download of an auto-downloadable application program configured to be used for delivering at least one of interactive features, controls, transaction capabilities and personalization functions with controls and iconography appearing following real-time playback of the video streamed from the video streaming server” is further rejected on obviousness grounds as discussed in the rejection of claim 1 wherein the combination of prior art to Ratsch, Yamato, Kim, and Ramachandran further render obvious the additional first command and the second command recited in claim 2. For example, Kim para 35, 81-82 teaches a user selects a channel which a person of ordinary skill would reasonably infer discloses a user issuing a command to the television to display a broadcast channel stream. See also Kim para 49, 68-72 request for application. See also Yamato para 112, 119, 136, 363 disclosing requests made to server to accessing program relevant information.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ratsch; Peter Werner et al. US 20090300674 A1 (hereafter Ratsch) and in further view of Yamato, Jun-Ichi et al. US 20020104101 A1 (Yamato) and in further view of KIM; Mun-jo et al. US 20110016171 A1 (hereafter Kim) and in further view of Ramachandran; Kumar et al. US 20100086283 A1 (hereafter Ramachandran) and in further view of Ellis, Michael D. et al. US 20050283800 A1 (hereafter Ellis) and in further view of Ludvig, Edward Anthony et al. US 20030233451 A1 (hereafter Ludvig).
Regarding claim 3, “a method comprising: continually broadcasting a channel descriptor that includes the channel's name, channel number content source destination with the latter being a URL which initially commands a full screen takeover and playing of a video from a video streaming server, such that the consumer experiences near instant video playback as expected in a broadcast or linear TV context; and once the video playback has commenced, a parallel command instructs the TV to commence download of an auto-downloadable transient application which will be used to deliver interactive features, controls, transaction capabilities and personalization functions with controls and iconography appearing following instant playback of the video streamed from the video streaming server” the claim is rejected as discussed in the rejection of claim 1 wherein Ratsch para 82-84 and Fig. 3B disclose that after a channel has been currently selected, a media item is presented and media information related to the presented media item. See also para 65-72 enhanced content is distributed while the programing that it pertains to is broadcast such that identifying that the programming is selected for viewing, then the enhancement information is presented along with the programming content. Ratsch para 81-83 teaches an enhancement information 302 is used to present the enhanced information 304 associated with a programming event occurring on a so-called "currently selected channel" and enhanced information associated with the currently selected channel is displayed in an enhancement information pop-up 302C window which is overlaid over a portion of the basic programming grid information and wherein Ratsch para 66-72 discloses displaying enhancement data which comprises description and analysis of content presented in association of the media item because dynamic program description describes persons and events occurring in the media item. Whereas Ratsch does not use the terms “full screen takeover”, Ratsch does disclose a non-limiting example which a person of ordinary skill in the art would reasonably infer that the size of the window can be altered to any size wherein Ratsch para 83 states “It should be noted that the size of the enhancement information 302C window in relation to other aspects of the enhanced electronic programming guide 300C is not limiting and, therefore, the enhancement information pop-up 302C window can be overlaid over portions of the basic programming grid information 206, the video feed 202 window and the content provider information 204. The enhancement information pop-up 302C window can be displayed when the subscriber 100 changes the currently selected channel (for instance, moves the selection from the programming event associated with the channel slot 218 to the programming event associated with the channel slot 222).”
In an analogous art, Yamato Fig. 1-2 and para 43-52 disclose a system for detecting that a terminal apparatus 50 is presenting program video content received from broadcasting station 10 in order to enable a remote server 30 to transmit information that has been linked in the content information that has been stored in server 30 and displayed according to instructions from that user that is viewing the program. See also Fig. 29 and para 52-57 disclosing a terminal apparatus for displaying real-time media information window comprising icons for displaying a program and playback of video functionality that is transmitted from broadcasting station 10 and simultaneously displaying content information linked to media information of said program and received from server 30.
In an analogous art, Kim teaches the deficiency of Ratsch and Yamato wherein Kim teaches that when a user is watching a predetermined channel, the script may display a predetermined button, indicating that execution of an application relating to the channel is ready, on a television screen (para 75-76 corresponds to a user operation detected when a predetermined display screen is being displayed). As such, Kim teaches that a predetermined button is displayed to a user depending on a particular application and wherein each application is either obtained using a through a broadcast network stream or from a server using a network such as the Internet (para 53-76; see also para 87-95). With respect to the inference discussed above with respect to command a full screen takeover, Kim para [0078] The application package includes not only the resource and the script, but also the information about an execution environment of an application, and thus may control execution of an application. The information about an execution environment of an application may include a size of a screen for executing an application, a name of an application, and contents relating to an author and license.
Whereas Kim discloses a full screen takeover of an application, Kim does not reference a full screen takeover wherein an initial command results in a full screen takeover and playing of a video from a video streaming server as claimed.
In an analogous art, Ellis teaches an invention for displaying broadcast channel and associated metadata with said channel applications comprising a full screen takeover upon the initial presentation of playing a video from a video streaming server as claimed (see Ellis Fig. 7-8, 10, 12a, para 83-88, 90 disclosing the initial presentation of a program channel stream to then access additional available applications related to the programming channel). Ellis, however, does not disclose continually broadcasting a channel descriptor that includes the channel's name, channel number content source destination with the latter being a URL.
In an analogous art, Ludvig teaches an invention for distributing program data and continually broadcasting a channel descriptor that includes the channel's name, channel number content source destination with the latter being a URL (see Ludvig para 10-11, 19-32 URLs provide mechanism for referencing resources/content across substantially all broadcast networks such as networks; para 33 carousel file system for periodically and continually communicating data for channels/resources/content available; see para 42-53 disclosing identifier of a service TV program including the programs on a channel along with URL data).
The prior art discloses a motivation for modifying the teachings of Ratsch, Yamato, Kim, Ellis, and Ludvig wherein Ramachandran para 67-81 teaches simultaneously displaying media information and metadata comprises a description and analysis of content presented in association with the media item because a benefit to the audience can be that the descriptive data presented with the video enhances the viewing experience. There can be at least three broad categories of value added to the audience. One category is trusted, valuable data. The descriptive data (such as "metadata", "contextual data" or "context") can come from credible sources and is relevant to the video's subject matter. See also para 53 disclosing metadata will command a full screen takeover.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Ratsch’s invention for providing enhanced content metadata to a client terminal device presenting broadcast programing channel associated with said enhancement content metadata by further incorporating known elements of Yamoto’s invention for detecting that a user terminal apparatus is presenting program video content received from broadcasting station to enable a remote server to transmit information that has been linked in the content information stored in said server in order to be displayed according to instructions from that user that is viewing the program such that after identifying that the programming is selected for viewing, then the enhancement information is presented along with the programming content because the prior art to Ramachandran teaches simultaneously displaying media information comprises a description and analysis of content presented in association with the media item and recognizes the benefit to the audience can be that the descriptive data presented with the video enhances the interactive viewing experience. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Ratsch and Yamato for providing enhanced content metadata to a client terminal media device presenting broadcast programing channel associated with said enhancement content metadata by further incorporating known elements of Kim’s invention for displaying a broadcast programing channel and application content associated with said channel comprising displaying predetermined applications based on displaying commands about an execution environment of an application and thus may control execution of an application including a size of a display screen because the prior art to Ramachandran teaches simultaneously displaying media information comprises a description and analysis of content presented in association with the media item and recognizes the benefit to the audience can be that the descriptive data presented with the video enhances the interactive viewing experience. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Ratsch, Yamato, and Kim for providing enhanced content metadata to a client terminal media device presenting broadcast programing channel associated with said enhancement content metadata including controlling execution of applications presenting metadata comprising display screen layout by further incorporating known elements of Ellis for displaying broadcast channel and associated metadata with said channel applications comprising a full screen takeover upon the initial presentation of playing a video from a video streaming server because the combination results in simultaneously displaying media information comprising a description and analysis of content presented in association with the media item and recognizes the benefit to the audience can be that the descriptive data presented with the video enhances the interactive viewing experience. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify Ratsch, Yamato, Kim, and Ellis for distributing program channels and associated metadata for providing enhanced content metadata to a client terminal media device presenting broadcast programing channel associated with said enhancement content metadata including controlling execution of applications presenting metadata comprising display screen layout by further incorporating known elements of Ludvig for transmitting broadcast channel and associated metadata with said channel applications to client devices because the combination of references utilizes known transmission protocols for broadcasting program channels and associated metadata to enable a client device to efficiently process, access, and display content information.
CONCLUSION
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/ALFONSO CASTRO/Primary Examiner, Art Unit 2421