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
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 51, 57-61 and 67-70 are rejected under 35 U.S.C. 103 as being unpatentable over US 8,763,056 B2 in view of US 2012/0192234 A1 to Britt et al.
As to claims 51 and 61, Bagasra discloses a method [a system comprising: control circuitry configured to] comprising: receiving a request to access a bandwidth speed test (see fig.2A, el.2; col.4,ll.9-12); and generating for display results of the bandwidth speed test, wherein the generating for display the results of the bandwidth speed test comprises: retrieving bandwidth consumption data from a bandwidth state database; identifying, based on the bandwidth consumption data, a plurality of current bandwidth consumption values corresponding to a plurality of media assets (see fig.2A and 3A; col.4,ll.13-48).
Bagasra fails explicitly discloses generating for display the plurality of current bandwidth consumption values and an indication of a change in connection speed associated with a change in activity of a media asset of the plurality of media assets.
Britt discloses generating for display the plurality of current bandwidth consumption values and an indication of a change in connection speed associated with a change in activity of a media asset of the plurality of media assets (see fig.3; page.5,¶0045-¶0048).
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 Bagasra with the teaching as taught by Britt in order to presenting user-selectable options via the media receiver to allocate bandwidth to deliver the requested media to the media receiver.
As to claims 57 and 67, Britt further discloses wherein generating for display the plurality of current bandwidth consumption values comprises: generating for display a status for each media asset of the plurality of media assets, wherein the status may indicate one of currently viewing or paused (see fig.3; page.5,¶0045-¶0048).
As to claims 58 and 68, Bagasra further discloses wherein: the bandwidth state database is associated with a communications network; and each media asset of the plurality of media assets consumes bandwidth of the communications network (see fig.3A; col.3,ll.39-49 and col.4,ll.23-48).
As to claims 59 and 69, Bagasra further discloses wherein the bandwidth state database comprises a currently available bandwidth corresponding to the communications network (see fig.3A; col.3,ll.39-49 and col.4,ll.23-48).
As to claims 60 and 70, Bagasra further discloses wherein generating for display the indication of the change in connection speed comprises: accessing media guidance information associated with the request to access the bandwidth speed test; and identifying the change in activity of the media asset of the plurality of media assets based on the accessed media guidance information (see fig.3A; col.3,ll.39-49 and col.4,ll.23-48).
Claims 52-56 and 62-66 are rejected under 35 U.S.C. 103 as being unpatentable over US 8,763,056 B2 in view of US 2012/0192234 A1 to Britt et al, and in view of further in view US 2015/0207687 A1 to Richman.
As to claims 52 and 62, Bagasra and Britt fail explicitly discloses wherein: the change in activity of the media asset of the plurality of media assets is associated with a user profile; and the plurality of current bandwidth consumption values and the indication of the change in connection speed are generated for display on a device associated with the user profile.
Richman discloses wherein: the change in activity of the media asset of the plurality of media assets is associated with a user profile; and the plurality of current bandwidth consumption values and the indication of the change in connection speed are generated for display on a device associated with the user profile (see fig.4-6; page.4,¶0042-¶0045).
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 Bagasra and Britt with the teaching as taught by Richman in order to presenting user-selectable options via the media receiver to allocate bandwidth to deliver the requested media to the media receiver.
As to claims 53 and 63, Richman further discloses wherein: the user profile is a first user profile; the device is a first device; and the request to access the bandwidth speed test is associated with a second device associated with a second user profile (see fig.4-6; page.4,¶0044-¶0045).
As to claims 54 and 64, Richman further discloses generating for display, on the second device, an option to join an access of the first user profile to the media asset of the plurality of media assets (see fig.6; page.4,¶0045).
As to claims 55 and 65, Britt further discloses generating for display, on the second device, an option to terminate an access of the first user profile to the media asset of the plurality of media assets (see page.1,¶0016,¶0038 and see fig.6,¶0052).
As to claim 56 and 66, Richman further discloses wherein the plurality of current bandwidth consumption values and the indication of the change in connection speed are additionally generated for display on the second device associated with the second user profile (see fig.4-6; page.4,¶0044-¶0045).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MULUGETA MENGESHA whose telephone number is (469)295-9212. The examiner can normally be reached Monday-Friday 9:00AM-5:30PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Bruckart can be reached at 571-272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
MULUGETA MENGESHA
Primary Examiner
Art Unit 2424
/Mulugeta Mengesha/Primary Examiner, Art Unit 2424