DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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 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.
4. Claim(s) 1-5, 7-11, 17, 21-26 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over RAMSDELL et al (2012/0308071) in view of CANSLER et al (2013/0305281)
As to claims 1-5 and 7, RAMSDELL discloses methods and apparatus for watermarking and distributing watermarking content and further discloses a method, for use in a cluster of devices (figs.1+, plurality of content suppliers) supporting live streaming of live data streams comprising digital content to a plurality of subscriber devices (STB and other types of smart devices “STB/SD”), for server-side real-time digital content insertion comprising;
for each viewer among the plurality of viewers (figs.1-14, STB/SD), the server device assigned to the respective subscriber device for the viewer detecting, in a stream of content streamed to a subscriber device associated with the viewer, a location in the stream where to insert digital content for the viewer; retrieving respective digital content for the viewer based on a respective criterium related to the viewer: and inserting the retrieved respective digital content at the detected location in the stream of content (individual frames of subset of frames) to be streamed to the subscriber device associated with the viewer (respective watermarked Ads and subscriber data); as invisible data in the stream of content to be streamed to the subscriber device associated with the viewer, such that the inserted digital content comprises data that can be extracted at the subscriber device and used by the subscriber device to retrieve digital content targeted to the viewer, wherein different digital content is inserted for each viewer (figs.1-14, [0013-0020], [0030-0034], [0051-0058] and [0096-0103]) generates segments of the streams (live streams) and segments of ads, watermarking with respective watermarked versions of the ads (playlist) are inserted within frames or subset of frames of the streaming segments or the watermarked versions of the stream or live segments; specific segments or subsets of segments with respect subset of watermarking are generated for respective user device; the watermarking module generates and watermarked ad segments versions AD1-N, into the individual frames of the digital media stream (subset of frames of the streaming video content which are further watermarked); transmitting and received by respective subscriber with different interface devices via different head ends at different regions; each content segment transmitted is watermarked with a unique ID or subscriber data; targeting content segments to STB/SD based on the subscriber information which includes the STB/SD information; if content is VOD, a playlist is generated followed by the respective watermarking steps; subscribers receives first version and sequent versions, frames and subframes; wherein the respective criterium for the viewer comprises the viewer's respective location; wherein the respective criterium for the viewer comprises the viewer's respective personal data; wherein the respective criterium for the viewer comprises information provided in content insertion metadata in the stream and wherein detecting the location in the stream comprises processing content insertion metadata in the stream ([0013-0020], [0030-0034], [0051-0058] and [0096-0103]) generates segments of the streams (live streams) and segments of ads, watermarking with respective watermarked versions of the ads (playlist) are inserted within frames or subset of frames of the streaming segments or the watermarked versions of the stream or live segments; requesting the respective digital content for the viewer from a content server, based on the respective criterium for the viewer; and receiving the respective digital content for the viewer from the content server ([0013-0020], [0030-0034], [0051-0058] and [0096-0103]), specific segments or subsets of segments with respect subset of watermarking are generated for respective user device; the watermarking module generates and watermarked ad segments versions AD1-N, into the individual frames of the digital media stream (subset of frames of the streaming video content which are further watermarked); transmitting and received by respective subscriber with different interface devices via different head ends at different regions; each content segment transmitted is watermarked with a unique ID or subscriber data; targeting content segments to STB/SD based on the subscriber information which includes the STB/SD information; if content is VOD, a playlist is generated followed by the respective watermarking steps; subscribers receives first version and sequent versions, frames and subframes
RAMSDELL discloses generates, for respective subscriber or device, specific segments or subsets of segments with respect subset of watermarking and streams accordingly to respective subscriber or device as discussed above, BUT appears silent as to data describing a location in the live streams where to insert digital content selected for the viewer
However, in the same field of endeavor, CANSLER discloses system and method for sending advertising data based on data associated with the video data and further discloses generating data describing location in live streams where to insert additional digital content selected for the viewer (figs.1- 8, Abstract, [0014-0021], [0033-0039], [0043-0048] and [0052-0062]), data keys and penetration data for ads and closed captioning of respective subscriber or end user(s)
Hence it would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of CANSLER into the system of RAMSDELL to further incorporate other enhancement services associated with the live streams.
As to claims 8-9, RAMSDELL further discloses accessing backup content for the viewer for the stream; and inserting the backup content as the respective digital content for the viewer, wherein inserting the backup content is performed in response to a time-out of a request to the content server ([0030-0034], [0051-0058], [0064-0072] and [0096-0103]), note remarks in claims 1-5 and 7; devices may request for default version based on criterium communicated to its regional head end.
As to claims 10-11, RAMSDELL further discloses accessing alternate content for streaming to a plurality of viewers of a stream; and switching streaming from the live data stream to the plurality of viewers, to streaming the alternate content to the plurality of viewers, and switching back to streaming the live data stream to the plurality of viewers and comprising processing image data in the stream to identify areas in the image data that can be repurposed for inserting digital content ([0030-0034], [0051-0058], [0064-0072] and [0096-0103]), note remarks in claims 1-5 and 7; devices may request for default version based on criterium communicated to its regional head end.
As to claims 13-17, RAMSDELL further discloses adding a forensic watermark to the stream delivered to a viewer; wherein inserting the respective digital content into the stream comprises adding a forensic watermark based on the respective digital content to the stream; wherein adding the forensic watermark based on the respective digital content includes including data as part of the forensic watermark that can be extracted at a subscriber device and used by the subscriber device to retrieve targeted digital content; wherein the forensic watermark is unique for each viewer and wherein the inserted digital content comprises data that can be extracted at a subscriber device and used by the subscriber device to retrieve targeted digital content ([0013-0020], [0030-0034], [0051-0058] and [0096-0103]), note remarks in claims 1-5 and 7.
As to claims 18-19, the claimed “A method…” is composed of the same structural elements that were discussed in claims 1-5 and 7
As to claim 20, the claimed “A method…” is composed of the same structural elements that were discussed in claims 1-5 and 7.
5. Claim(s) 12 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over RAMSDELL et al (2012/0308071) in view of CANSLER et al (2013/0305281) and further in view of GURIJALA (10,236,031).
As to claim 12, RAMSDELL as modified by CANSLER disclose all the claims limitations as discussed above with respect to claim 11 and further inserts digital watermarked ads in frames and subframes as discussed above, BUT appears silent as to wherein areas in the image data that can be repurposed for inserting digital content comprises static areas detected in the stream.
However, in the same field of endeavor, GURIJALA discloses timeline reconstruction using dynamic path estimation from detections in AV signals and further discloses inserting digital content in detected static areas or detected boundary between different watermarked in the stream (figs.1+, Col.4, lines 42-Col.5, line 36 and Col.9, line 4-Col.10, line 8) during lower latency periods
Hence it would have been obvious before the filing date of the claimed invention to one of ordinary skill in the art to incorporate the teaching of GURIJALA into the system of RAMSDELL as modified by CANSLER to delivery uninterrupted media stream to specific types of customer device.
As to claim 20, RAMSDELL discloses methods and apparatus for watermarking and distributing watermarking content and further discloses a method, for use in a cluster of devices (figs.1+, plurality of content suppliers) supporting live streaming of live data streams comprising digital content to a plurality of subscriber devices (STB and other types of smart devices “STB/SD”), for server-side real-time digital content insertion comprising;
for each viewer among the plurality of viewers (figs.1-14, STB/SD), the server device assigned to the respective subscriber device for the viewer detecting, in a stream of content streamed to a subscriber device associated with the viewer, static areas in the stream suitable to insert digital content for the viewer; retrieving respective digital content for the viewer based on a respective criterium related to the viewer; and inserting the retrieved respective digital content at the detected static area in the stream of content (individual frames of subset of frames) to be streamed to the subscriber device associated with the viewer (respective watermarked Ads and subscriber data); as invisible data in the stream of content to be streamed to the subscriber device associated with the viewer (figs.1-14, [0013-0020], [0030-0034], [0051-0058] and [0096-0103]) generates segments of the streams (live streams) and segments of ads, watermarking with respective watermarked versions of the ads (playlist) are inserted within frames or subset of frames of the streaming segments or the watermarked versions of the stream or live segments; specific segments or subsets of segments with respect subset of watermarking are generated for respective user device; the watermarking module generates and watermarked ad segments versions AD1-N, into the individual frames of the digital media stream (subset of frames of the streaming video content which are further watermarked); transmitting and received by respective subscriber with different interface devices via different head ends at different regions; each content segment transmitted is watermarked with a unique ID or subscriber data; targeting content segments to STB/SD based on the subscriber information which includes the STB/SD information; if content is VOD, a playlist is generated followed by the respective watermarking steps; subscribers receives first version and sequent versions, frames and subframes;
RAMSDELL discloses generates, for respective subscriber or device, specific segments or subsets of segments with respect subset of watermarking and streams accordingly to respective subscriber or device as discussed above, BUT appears silent as to data describing a location in the live streams where to insert digital content selected for the viewer
However, in the same field of endeavor, CANSLER discloses system and method for sending advertising data based on data associated with the video data and further discloses generating data describing location in live streams where to insert additional digital content selected for the viewer (figs.1- 8, Abstract, [0014-0021], [0033-0039], [0043-0048] and [0052-0062]), data keys and penetration data for ads and closed captioning of respective subscriber or end user(s)
Hence it would have been obvious before the effective filing date of the claimed invention to incorporate the teaching of CANSLER into the system of RAMSDELL to further incorporate other enhancement services associated with the live streams.
RAMSDELL as modified by CANSLER further inserts digital watermarked ads in frames and subframes as discussed above, BUT appears silent as to where areas in the image data that can be repurposed for inserting digital content comprises static areas detected in the stream.
However, in the same field of endeavor, GURIJALA discloses timeline reconstruction using dynamic path estimation from detections in AV signals and further discloses inserting digital content in detected static areas or detected boundary between different watermarked in the stream (figs.1+, Col.4, lines 42-Col.5, line 36 and Col.9, line 4-Col.10, line 8) during lower latency periods
Hence it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art to incorporate the teaching of GURIJALA into the system of RAMSDELL as modified by CANSLER to delivery uninterrupted media stream to specific types of customer device
Double Patenting
4. 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).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
5. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent 12,256,119. Although the conflicting claims are not identical, they are not patentably distinct from each other because:
The current application (19/061,330) …equates to… U.S. Pat. (12,256,119).
As to claim 1, the claimed “A method…” equates to “A method …” of Pat ‘119 (col.11, line 51-Col.12, line 18);
the claimed "detecting….”; “retrieving…”; and “inserting…”; equates to "the server device…detecting….”; “retrieving…”; and “inserting…” of Pat ‘119 (col.11, line 64-col.12, 18);
Claims 2-17 equates to claims 2-12 of Pat ‘119 (Col.12, lines 19-67.
As to claims 18-19, the claimed “A method…” is composed of the same structural elements that were discussed in claim 1.
As to claim 20, the claimed “A method…” is composed of the same structural elements that were discussed in claim 1.
Although the conflicting claims are not identical, they are not patentably distinct from each other; i.e., the current claims are broader in scope than the parent allowed claims. Allowance of claims 1-20 of the instant application would result in an unjustified timewise extension of the monopoly defined by patent claim Y.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached on Monday-Friday 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BENJAMIN BRUCKART can be reached on 571-272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNAN Q SHANG/ Primary Examiner, Art Unit 2424
ANNAN Q. SHANG
Conclusion
6.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNAN Q SHANG whose telephone number is (571)272-7355. The examiner can normally be reached Monday-Friday 7-4.
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 on 571-272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNAN Q SHANG/ Primary Examiner, Art Unit 2424
ANNAN Q. SHANG