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 .
This office action is responsive to application filed on April 7th, 2025, which is a CON of 16/618,983, filed on December 3rd, 2019 (now Patent No. 12,294,751). In this office action:
Claims 52-71 are pending.
Claims 52-71 are rejected.
Drawings
The drawings submitted on April 7th, 2025 have been considered and accepted.
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).
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 webscreens. 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.
Claims 52-71 are rejected on the ground of the nonstatutory double patenting as being unpatentable over claims 1, 5, 7, 9, and 11-12 of Patent No. US 12,294,751. Although the claims at issue are not identical, they are not patentably distinct from each other as illustrated in the table below. The subject matter claimed in the instant application is fully disclosed in the referenced patent since the referenced patent and the instant application are claiming common subject matter, as shown in Table below.
Regarding Claim 52
This application 19/172,045
Patent US 12,294,751
52. A method comprising:
transmitting a video stream to a node, wherein the video stream comprises a plurality of video frames, and wherein the node is configured to redistribute the video stream;
storing a first fingerprint of a first video frame, of the plurality of video frames, that is transmitted to the node;
transmitting an instruction to cause the node to generate a second fingerprint of a second video frame, wherein the second video frame is to be redistributed by the node at a scheduled time;
based at least in part on transmitting the instruction, receiving, from the node, the second fingerprint of the second video frame at the scheduled time;
based at least in part on receiving the second fingerprint of the second video frame at the scheduled time, determining whether the second fingerprint of the second video frame matches the first fingerprint of the first video frame; and
performing at least one of:
based at least in part on determining that the second fingerprint of the second video frame matches the first fingerprint of the first video frame, generating a first alert indicating that the node has successfully redistributed the video stream; or based at least in part on determining that the second fingerprint of the second video frame does not match the first fingerprint of the first video frame, generating a second alert indicating that the node failed to redistribute the video stream.
1. A method comprising:
transmitting, using a source device, a video stream to a node, the video stream comprising a plurality of video frames, wherein the node is configured to redistribute the video stream toward an end user device, and wherein the source device is distinct from the node;
...
transmitting, using the source device and to the node, an instruction that is configured to cause the node to generate a second fingerprint of a second video frame of the plurality of video frames at a scheduled time calculated by adding the time offset to a third transmission time indicative of the time when the second video frame was transmitted to the node;
based at least in part on transmitting the instruction, receiving, from the node, the second fingerprint of the second video frame at the scheduled time;
based at least in part on receiving the second fingerprint of the second video frame at the scheduled time, determining whether the second fingerprint matches a third fingerprint generated from a third video frame transmitted to the node at the second transmission time;
based at least in part on determining that the second fingerprint matches the first fingerprint, generating a first alert indicating that the node has successfully redistributed the video stream; and based at least in part on determining that the second fingerprint does not match the first fingerprint, generating a second alert indicating that the node failed to redistribute the video stream.
For claim 52 of the instant application, corresponding Patent US 12,294,751 does not teach: storing a first fingerprint of a first video frame, of the plurality of video frames, that is transmitted to the node.
However, Cormie (Patent No. US 10,825,056) discloses storing a first fingerprint of a first video frame, of the plurality of video frames, that is transmitted to the node (See Col. 3 lines 18-24; Each server fingerprint of a segment (first fingerprint) of the server feed may be associated with a server time. The server time may be a time of a server clock when the segment of the server feed was received by the server device. The server time may be a number of frames in the server feed from an arbitrary starting point. The server device may store the server fingerprints in association with the server time. See Col. 2 lines 33-34; The ACR server may reside entirely within the local broadcaster headend 120).
It would be obvious to one of ordinary skill in the art at the time before the effective filling date of the claimed invention to modify corresponding Patent US 12,294,751 to incorporate the teaching of Cormie. This would be convenient for provide video advertisement replacement (Cormie, Col. 1 lines 14-15).
Regarding Claim 53
This application 19/172,045
Patent US 12,294,751
53. ... determining a first transmission time indicative of a time when the first video frame was transmitted to the node;
determining a second transmission time indicative of a time when the first video frame was redistributed by the node;
determining, based on the first transmission time and the second transmission time, a time offset between the first transmission time and the second transmission time; and
determining the scheduled time by adding the time offset to a third transmission time indicative of a time when the second video frame was transmitted to the node.
1. ... a first timestamp indicating a first transmission time of the node redistributing the first video frame ... retrieving, using the source device and based on the first fingerprint, a second timestamp comprising a second transmission time indicative of a time when the first video frame was transmitted to the node; determining, using the source device and based on the first timestamp and the second timestamp, a time offset between the first transmission time and the second transmission time; transmitting, using the source device and to the node, an instruction that is configured to cause the node to generate a second fingerprint of a second video frame of the plurality of video frames at a scheduled time calculated by adding the time offset to a third transmission time indicative of the time when the second video frame was transmitted to the node
For claim 54 of the instant application, corresponding Patent US 12,294,751 does not teach: modifying, based on the first transmission time and the second transmission time, a precision of the time offset.
However, Cormie (Patent No. US 10,825,056) discloses modifying, based on the first transmission time and the second transmission time, a precision of the time offset (See Col. 4 lines 1-37; the client-side method 202 continues with the determination, by the client device, of the current server time. The client device may determine the current server time as the current client time adjusted by the synchronization offset. In one embodiment, the client device sets the client time to the current server time for future fingerprints and synchronization messages ...).
It would be obvious to one of ordinary skill in the art at the time before the effective filling date of the claimed invention to modify corresponding Patent US 12,294,751 to incorporate the teaching of Cormie. This would be convenient for provide video advertisement replacement (Cormie, Col. 1 lines 14-15).
For claim 55 of the instant application, corresponding Patent US 12,294,751 does not teach: wherein the storing the first fingerprint comprises: storing, in a database, the first fingerprint as part of an entry of a plurality of entries, wherein the entry corresponds to the first video frame, wherein the database comprises the plurality of entries, wherein the plurality of entries corresponds to the plurality of video frames, and wherein each entry of the plurality of entries comprises: (i) a respective fingerprint that was generated using a respective video frame of the plurality of video frames; and (ii) a respective timestamp corresponding to the respective fingerprint, wherein the respective timestamp comprises a transmission time indicative of a time when the respective video frame was transmitted to the node.
However, Cormie (Patent No. US 10,825,056) discloses wherein the storing the first fingerprint comprises: storing, in a database, the first fingerprint as part of an entry of a plurality of entries, wherein the entry corresponds to the first video frame, wherein the database comprises the plurality of entries, wherein the plurality of entries corresponds to the plurality of video frames, and wherein each entry of the plurality of entries comprises: (i) a respective fingerprint that was generated using a respective video frame of the plurality of video frames; and (ii) a respective timestamp corresponding to the respective fingerprint, wherein the respective timestamp comprises a transmission time indicative of a time when the respective video frame was transmitted to the node (See Col. 3 lines 18-24; Each server fingerprint of a segment (first fingerprint) of the server feed may be associated with a server time. The server time may be a time of a server clock when the segment of the server feed was received by the server device. The server time may be a number of frames in the server feed from an arbitrary starting point. The server device may store the server fingerprints in association with the server time. See Col. 2 lines 33-34; The ACR server may reside entirely within the local broadcaster headend 120).
It would be obvious to one of ordinary skill in the art at the time before the effective filling date of the claimed invention to modify corresponding Patent US 12,294,751 to incorporate the teaching of Cormie. This would be convenient for provide video advertisement replacement (Cormie, Col. 1 lines 14-15).
Regarding Claim 56
This application 19/172,045
Patent US 12,294,751
56. wherein each entry of the plurality of entries further comprises an indication of a respective communication path used to transmit the respective video frame
9. ... each matching entry of the plurality of matching entries including an indication of an associated communication path used to transmit the video frame ...
Regarding Claim 57
This application 19/172,045
Patent US 12,294,751
57. wherein the video stream is a first video stream, the method further comprising: based at least in part on determining that the second fingerprint of the second video frame matches the first fingerprint of the first video frame, transmitting a second video stream to the node, wherein the second video stream comprises supplemental content
11. wherein the video stream is a first video stream, the method further comprising, in response to determining that the second fingerprint matches the first fingerprint: transmitting a second video stream to the node, wherein the second video stream comprises supplemental content
Regarding Claim 58
This application 19/172,045
Patent US 12,294,751
58. wherein the node is a first node, and wherein the transmitting of the video stream to the first node comprises: identifying, from a node subscription database, one or more nodes in addition to the first node to which the video stream is to be transmitted; and simultaneously transmitting the video stream to each of the one or more nodes and the first node over a common communication path
7. wherein the node is a first node, and wherein the transmitting of the video stream to the first node comprises: identifying, from a node subscription database, one or more nodes in addition to the first node to which the video stream is to be transmitted; and simultaneously transmitting the video stream to each of the one or more nodes and the first node over a common communication path
Regarding Claim 59
This application 19/172,045
Patent US 12,294,751
59. wherein the video stream is transmitted over a first communication path, wherein the instruction is a first instruction, and wherein the generating the second alert comprises: transmitting, to the node, a second instruction to cause the node to confirm receipt of the video stream; based on transmitting the second instruction, receiving a confirmation from the node; determining whether the confirmation indicates that the node received the video stream; and performing at least one of: based at least in part on determining that the confirmation indicates that the node received the video stream, continuing to transmit the video stream over the first communication path; or based at least in part on determining that the confirmation indicates that the node did not receive the video stream, transmitting the video stream to the node over a second communication path different from the first communication path
5. wherein the video stream is transmitted over a first communication path, and wherein the generating the second alert comprises: transmitting a request, to the node, to confirm receipt of the video stream; based on transmitting the request to confirm receipt of the video stream, receiving a confirmation from the node; determining whether the confirmation indicates that the node received the video stream; and in response to determining that the confirmation indicates that the node received the video stream, continuing to transmit the video stream over the first communication path; and in response to determining that the confirmation indicates that the node did not receive the video stream, transmitting the video stream to the node over a second communication path different from the first communication path, wherein the second communication path comprises a satellite communication
For claim 60 of the instant application, corresponding Patent US 12,294,751 does not teach: wherein the first communication path comprises a cable communication, and wherein the second communication path comprises a satellite communication.
However, Cormie (Patent No. US 10,825,056) discloses wherein the first communication path comprises a cable communication, and wherein the second communication path comprises a satellite communication (See Col. 2 lines 14-25; The client device 190 may include an antenna to receive the local broadcast feed over the air from the OTA broadcaster 150. The client device 190 may also or alternatively include a set-top box to receive the local broadcast feed from the MVPD 160 over a cable, satellite, or telecommunications network ...).
It would be obvious to one of ordinary skill in the art at the time before the effective filling date of the claimed invention to modify corresponding Patent US 12,294,751 to incorporate the teaching of Cormie. This would be convenient for provide video advertisement replacement (Cormie, Col. 1 lines 14-15).
Regarding Claim 61
This application 19/172,045
Patent US 12,294,751
61. receiving, from the node, a portion of the first video frame; sampling the portion of the first video frame; determining, based on the sampling, one or more unique characteristics of the first video frame, wherein the one or more unique characteristics comprise at least one of a channel logo or one or more spectral components, and wherein the at least one of the channel logo or the one or more spectral components uniquely identifies the first video frame from any other video frame of the plurality of video frames; and generating, using the at least one of the channel logo or the one or more spectral components, the first fingerprint of the first video frame
1. receiving, at the source device and from the node, a portion of a first video frame of the plurality of video frames, wherein the first video frame was redistributed by the node, and a first timestamp indicating a first transmission time of the node redistributing the first video frame; sampling the portion of the first video frame; determining, based on the sampling, one or more unique characteristics of the first video frame, wherein the one or more unique characteristics comprise a watermark in the sampled portion of the first video frame that uniquely identifies the first video frame from any other video frame; generating, using the watermark that uniquely identifies the first video frame from the one or more unique characteristics determined based on the sampling the portion of the first video frame, a first fingerprint of the first video frame.
12. wherein the one or more unique characteristics further comprise at least one of a channel logo or one or more spectral components, and wherein the first fingerprint is generated, at least in part, based on the at least one of the channel logo or the one or more spectral components
Claims 62-71 are rejected under Double Patenting as described for claims 52-61, respectively.
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 52-60 and 62-70 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Cormie (Patent No. US 10,825,056).
Claim 52. Cormie discloses [a] method comprising:
transmitting a video stream to a node, wherein the video stream comprises a plurality of video frames, and wherein the node is configured to redistribute the video stream (See Col. 2 lines 58-64; reception of a client feed from the source device. The client feed may be, for example, a local broadcast feed received from a local broadcast headend via an over-the-air broadcaster or a MVPD. The client feed may include the same content as the server feed. See Col. 2 lines 55-56; The server feed may be a video feed with a plurality of frames. See Col. 2 lines 19-25; The client device 190 may include a display device, such as a television, to display the local broadcast feed (or an altered version of the local broadcast feed) to a viewer);
storing a first fingerprint of a first video frame, of the plurality of video frames, that is transmitted to the node (See Col. 3 lines 18-24; Each server fingerprint of a segment (first fingerprint) of the server feed may be associated with a server time. The server time may be a time of a server clock when the segment of the server feed was received by the server device. The server time may be a number of frames in the server feed from an arbitrary starting point. The server device may store the server fingerprints in association with the server time. See Col. 2 lines 33-34; The ACR server may reside entirely within the local broadcaster headend 120);
transmitting an instruction to cause the node to generate a second fingerprint of a second video frame, wherein the second video frame is to be redistributed by the node at a scheduled time (See Col. 3 lines 25-30; the generation of client fingerprints (second fingerprint) for segments of the client feed. The client fingerprints may be generated in the same manner as the server fingerprints. Each client fingerprint of a segment of the client feed may be associated with a client time. See Col. 3 lines 8-17; The server fingerprints may be generated by fingerprinting every frame of the server feed ... See Col. 4 lines 1-37; the client-side method 202 continues with the determination, by the client device, of the current server time. The client device may determine the current server time as the current client time adjusted by the synchronization offset. In one embodiment, the client device sets the client time to the current server time for future fingerprints and synchronization messages ...);
based at least in part on transmitting the instruction, receiving, from the node, the second fingerprint of the second video frame at the scheduled time (See Col. 3 lines 34-42; the client-side method 202 continues with the sending of a synchronization message to the server device over a network. The network may be, for example, the Internet, and may be sent over a path different from that upon which the client feed was received. The synchronization message may include a client fingerprint and its associated client time. At block 260, the server-side method 201 continues with the reception of the synchronization message);
based at least in part on receiving the second fingerprint of the second video frame at the scheduled time, determining whether the second fingerprint of the second video frame matches the first fingerprint of the first video frame (See Col. 3 lines 43-48; At block 270, the server-side method 201 continues with the matching of the client fingerprint in the synchronization message (received in block 260) to one of the server fingerprints (generated in block 230). The client fingerprint can be matched to a server fingerprint by correlating the client fingerprint to recently generated server fingerprints); and
performing at least one of:
based at least in part on determining that the second fingerprint of the second video frame matches the first fingerprint of the first video frame, generating a first alert indicating that the node has successfully redistributed the video stream (See Col. 3 lines 48-67; If the correlation between the client fingerprint and a server fingerprint is greater than a threshold, it may be determined that the server fingerprint matches the client fingerprint ... the server-side method 201 continues with the sending of a synchronization response over the network. The synchronization response may include the client time associated with the client fingerprint (received in block 260) and the server time associated with the matching server fingerprint (generated in block 230 and matched in block 270) ... the synchronization response may include a synchronization offset determined as the difference between the client time associated with the client fingerprint and the server time associated with the matching server fingerprint); or
based at least in part on determining that the second fingerprint of the second video frame does not match the first fingerprint of the first video frame, generating a second alert indicating that the node failed to redistribute the video stream.
Claim 53. Cormie discloses [t]he method of claim 52,
Cormie discloses the method further comprising: determining a first transmission time indicative of a time when the first video frame was transmitted to the node; determining a second transmission time indicative of a time when the first video frame was redistributed by the node; determining, based on the first transmission time and the second transmission time, a time offset between the first transmission time and the second transmission time; and determining the scheduled time by adding the time offset to a third transmission time indicative of a time when the second video frame was transmitted to the node (See Col. 3 lines 52-67; The synchronization response may include the client time associated with the client fingerprint (received in block 260) and the server time associated with the matching server fingerprint (generated in block 230 and matched in block 270). In one embodiment, the synchronization response may include a synchronization offset determined as the difference between the client time associated with the client fingerprint and the server time associated with the matching server fingerprint).
Claim 54. Cormie discloses [t]he method of claim 53,
Cormie discloses the method further comprising modifying, based on the first transmission time and the second transmission time, a precision of the time offset (See Col. 4 lines 1-37; the client-side method 202 continues with the determination, by the client device, of the current server time. The client device may determine the current server time as the current client time adjusted by the synchronization offset. In one embodiment, the client device sets the client time to the current server time for future fingerprints and synchronization messages ...).
Claim 55. Cormie discloses [t]he method of claim 52,
Cormie further discloses wherein the storing the first fingerprint comprises: storing, in a database, the first fingerprint as part of an entry of a plurality of entries, wherein the entry corresponds to the first video frame, wherein the database comprises the plurality of entries, wherein the plurality of entries corresponds to the plurality of video frames, and wherein each entry of the plurality of entries comprises: (i) a respective fingerprint that was generated using a respective video frame of the plurality of video frames; and (ii) a respective timestamp corresponding to the respective fingerprint, wherein the respective timestamp comprises a transmission time indicative of a time when the respective video frame was transmitted to the node (See Col. 3 lines 18-24; Each server fingerprint of a segment (first fingerprint) of the server feed may be associated with a server time. The server time may be a time of a server clock when the segment of the server feed was received by the server device. The server time may be a number of frames in the server feed from an arbitrary starting point. The server device may store the server fingerprints in association with the server time. See Col. 2 lines 33-34; The ACR server may reside entirely within the local broadcaster headend 120).
Claim 56. Cormie discloses [t]he method of claim 55,
Cormie further discloses wherein each entry of the plurality of entries further comprises an indication of a respective communication path used to transmit the respective video frame (See Col. 2 lines 6-13; The local broadcast headend 120 may transmit the local broadcast feed to an over-the-air (OTA) broadcaster 150 which wirelessly transmits the local broadcast feed over the air to a client device 190. The local broadcast headend 120 may also or alternatively transmit the local broadcast feed to a multichannel video programming distributor (MVPD) 160 which transmits the local broadcast feed to the client device 190 via a cable, satellite, or telecommunications network. See Col. 3 lines 18-24; The server device may store the server fingerprints in association with the server time).
Claim 57. Cormie discloses [t]he method of claim 52,
Cormie further discloses wherein the video stream is a first video stream, the method further comprising: based at least in part on determining that the second fingerprint of the second video frame matches the first fingerprint of the first video frame, transmitting a second video stream to the node, wherein the second video stream comprises supplemental content (See Col. 2 lines 28-33; the ACR server 130 may instruct the client device 190, via a network 101 (such as the Internet), to replace portions of the local broadcast feed with replacement advertisements that the client device 190 can retrieve, via the network 101, from a video ad server 140 ... See Col. 5 lines 17-24; the client device receives a synchronization response indicating that client time t.sub.c corresponds to server time t.sub.c and that an advertisement is to be played in the feed corresponding to server time t.sub.K. In response, the client device may begin to retrieve or buffer an advertisement from a video ad server. At client time t.sub.k, determined as t.sub.K−t.sub.C+t.sub.c, the client device displays the advertisement rather than the local broadcast feed).
Claim 58. Cormie discloses [t]he method of claim 52,
Cormie further discloses wherein the node is a first node, and wherein the transmitting of the video stream to the first node comprises: identifying, from a node subscription database, one or more nodes in addition to the first node to which the video stream is to be transmitted; and simultaneously transmitting the video stream to each of the one or more nodes and the first node over a common communication path (See Col. 2 lines 58-64; reception of a client feed from the source device. The client feed may be, for example, a local broadcast feed received from a local broadcast headend via an over-the-air broadcaster or a MVPD. The client feed may include the same content as the server feed).
Claim 59. Cormie discloses [t]he method of claim 52,
Cormie further discloses wherein the video stream is transmitted over a first communication path, wherein the instruction is a first instruction, and wherein the generating the second alert comprises: transmitting, to the node, a second instruction to cause the node to confirm receipt of the video stream; based on transmitting the second instruction, receiving a confirmation from the node; determining whether the confirmation indicates that the node received the video stream; and performing at least one of: based at least in part on determining that the confirmation indicates that the node received the video stream, continuing to transmit the video stream over the first communication path; or based at least in part on determining that the confirmation indicates that the node did not receive the video stream, transmitting the video stream to the node over a second communication path different from the first communication path (See Col. 3 lines 43-67 and Col. 4 lines 1-9; At block 270, the server-side method 201 continues with the matching of the client fingerprint in the synchronization message (received in block 260) to one of the server fingerprints (generated in block 230). The client fingerprint can be matched to a server fingerprint by correlating the client fingerprint to recently generated server fingerprints. If the correlation between the client fingerprint and a server fingerprint is greater than a threshold, it may be determined that the server fingerprint matches the client fingerprint. At block 280, the server-side method 201 continues with the sending of a synchronization response over the network. The synchronization response may include the client time associated with the client fingerprint (received in block 260) and the server time associated with the matching server fingerprint (generated in block 230 and matched in block 270). In one embodiment, the synchronization response may include a synchronization offset determined as the difference between the client time associated with the client fingerprint and the server time associated with the matching server fingerprint. As described further below, the synchronization message may include other information, such as the server time of an upcoming advertisement slot, a length of the upcoming advertisement slot, and/or one or more server fingerprints of the frames immediately preceding the upcoming advertisement slot. At block 290, the client-side method 202 continues with the reception of the synchronization response. At block 295, the client-side method 202 continues with the determination, by the client device, of the current server time. The client device may determine the current server time as the current client time adjusted by the synchronization offset. In one embodiment, the client device sets the client time to the current server time for future fingerprints and synchronization messages).
Claim 60. Cormie discloses [t]he method of claim 59,
Cormie further discloses wherein the first communication path comprises a cable communication, and wherein the second communication path comprises a satellite communication (See Col. 2 lines 14-25; The client device 190 may include an antenna to receive the local broadcast feed over the air from the OTA broadcaster 150. The client device 190 may also or alternatively include a set-top box to receive the local broadcast feed from the MVPD 160 over a cable, satellite, or telecommunications network ...).
Claim 62. Cormie discloses [a] system comprising:
communications circuitry configured to transmit a video stream; and control circuitry configured (See Fig. 5) to:
transmit, using the communications circuitry, the video stream to a node, wherein the video stream comprises a plurality of video frames, and wherein the node is configured to redistribute the video stream (See Col. 2 lines 58-64; reception of a client feed from the source device. The client feed may be, for example, a local broadcast feed received from a local broadcast headend via an over-the-air broadcaster or a MVPD. The client feed may include the same content as the server feed. See Col. 2 lines 55-56; The server feed may be a video feed with a plurality of frames. See Col. 2 lines 19-25; The client device 190 may include a display device, such as a television, to display the local broadcast feed (or an altered version of the local broadcast feed) to a viewer);
store a first fingerprint of a first video frame, of the plurality of video frames, that is transmitted to the node (See Col. 3 lines 18-24; Each server fingerprint of a segment (first fingerprint) of the server feed may be associated with a server time. The server time may be a time of a server clock when the segment of the server feed was received by the server device. The server time may be a number of frames in the server feed from an arbitrary starting point. The server device may store the server fingerprints in association with the server time. See Col. 2 lines 33-34; The ACR server may reside entirely within the local broadcaster headend 120);
transmit an instruction to cause the node to generate a second fingerprint of a second video frame, wherein the second video frame is to be redistributed by the node at a scheduled time (See Col. 3 lines 25-30; the generation of client fingerprints (second fingerprint) for segments of the client feed. The client fingerprints may be generated in the same manner as the server fingerprints. Each client fingerprint of a segment of the client feed may be associated with a client time. See Col. 3 lines 8-17; The server fingerprints may be generated by fingerprinting every frame of the server feed ... See Col. 4 lines 1-37);
based at least in part on transmitting the instruction, receive, from the node, the second fingerprint of the second video frame at the scheduled time (See Col. 3 lines 34-42; the client-side method 202 continues with the sending of a synchronization message to the server device over a network. The network may be, for example, the Internet, and may be sent over a path different from that upon which the client feed was received. The synchronization message may include a client fingerprint and its associated client time. At block 260, the server-side method 201 continues with the reception of the synchronization message);
based at least in part on receiving the second fingerprint of the second video frame at the scheduled time, determine whether the second fingerprint of the second video frame matches the first fingerprint of the first video frame (See Col. 3 lines 43-48; At block 270, the server-side method 201 continues with the matching of the client fingerprint in the synchronization message (received in block 260) to one of the server fingerprints (generated in block 230). The client fingerprint can be matched to a server fingerprint by correlating the client fingerprint to recently generated server fingerprints); and
perform at least one of:
based at least in part on determining that the second fingerprint of the second video frame matches the first fingerprint of the first video frame, generate a first alert indicating that the node has successfully redistributed the video stream (See Col. 3 lines 48-67; If the correlation between the client fingerprint and a server fingerprint is greater than a threshold, it may be determined that the server fingerprint matches the client fingerprint ... the server-side method 201 continues with the sending of a synchronization response over the network. The synchronization response may include the client time associated with the client fingerprint (received in block 260) and the server time associated with the matching server fingerprint (generated in block 230 and matched in block 270) ... the synchronization response may include a synchronization offset determined as the difference between the client time associated with the client fingerprint and the server time associated with the matching server fingerprint); or
based at least in part on determining that the second fingerprint of the second video frame does not match the first fingerprint of the first video frame, generate a second alert indicating that the node failed to redistribute the video stream.
Claim 63 is taught by Cormie as described for claim 53.
Claim 64 is taught by Cormie as described for claim 54.
Claim 65 is taught by Cormie as described for claim 55.
Claim 66 is taught by Cormie as described for claim 56.
Claim 67 is taught by Cormie as described for claim 57.
Claim 68 is taught by Cormie as described for claim 58.
Claim 69 is taught by Cormie as described for claim 59.
Claim 70 is taught by Cormie as described for claim 60.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 61 and 71 are rejected under 35 U.S.C. 103 as being unpatentable over Cormie (Patent No. US 10,825,056); in view of Master et al. (Pub. No. US 2016/0196631), hereinafter Master.
Claim 61. Cormie discloses [t]he method of claim 52,
Cormie doesn’t explicitly disclose the method further comprising: receiving, from the node, a portion of the first video frame; sampling the portion of the first video frame; determining, based on the sampling, one or more unique characteristics of the first video frame, wherein the one or more unique characteristics comprise at least one of a channel logo or one or more spectral components, and wherein the at least one of the channel logo or the one or more spectral components uniquely identifies the first video frame from any other video frame of the plurality of video frames; and generating, using the at least one of the channel logo or the one or more spectral components, the first fingerprint of the first video frame.
However, Master discloses receiving, from the node, a portion of the first video frame; sampling the portion of the first video frame; determining, based on the sampling, one or more unique characteristics of the first video frame, wherein the one or more unique characteristics comprise at least one of a channel logo or one or more spectral components, and wherein the at least one of the channel logo or the one or more spectral components uniquely identifies the first video frame from any other video frame of the plurality of video frames; and generating, using the at least one of the channel logo or the one or more spectral components, the first fingerprint of the first video frame (See Parag. [0031]; ACR uses media fingerprints generated based on essence such as audio and/or video sample data of a media program to identify the media content. See Parag. [0055]; query fingerprint generator comprises software, hardware, a combination of software and hardware, etc., configured to generate one or more query media fingerprints from (e.g., watermarked, watermark removed, etc.) essence of the one or more corresponding time segments of the media program; see also Parag. [0045] disclosing that “Watermarked” essence refers to essence (e.g., audio sample data, video sample data, etc.) of a media program that has been embedded/hidden with watermark value. See Parag. [0106]; the query media fingerprints that correspond to the corresponding pre-watermarked essence of the media program but are generated from the watermarked essence of the media program can be used to match the referenced media fingerprints generated from the corresponding pre-watermarked essence of the media program in fingerprint matching/searching operations. (a watermark is a type of logo)).
It would be obvious to one of ordinary skill in the art at the time before the effective filling date of the claimed invention to modify the content distribution system, taught by Cormie, to include receiving, from the node, a portion of the first video frame, sampling the portion of the first video frame, determining, based on the sampling, one or more unique characteristics of the first video frame, wherein the one or more unique characteristics comprise at least one of a channel logo or one or more spectral components, and wherein the at least one of the channel logo or the one or more spectral components uniquely identifies the first video frame from any other video frame of the plurality of video frames, and generating, using the at least one of the channel logo or the one or more spectral components, the first fingerprint of the first video frame, as taught by Master. This would be beneficial to automatically recognizing media content in multimedia data, and to identify and align audio and/or video media content (Master, Parag. [0002-0003]).
Claim 71 is taught by Cormie in view of Master as described for claim 61.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Trollope et al. (Pub. No. US 2015/0301718) – Related art in the area of presenting music items relating to media content, (Parag. [0090]; the video fingerprint can be generated by calculating one or more spatial characteristics (e.g., one or more vectors corresponding to intensity variations, edge differences, and/or any other suitable intra-frame features), temporal characteristics (e.g., motion vectors, motion trajectories, and/or any other suitable inter-frame features), spatiotemporal characteristics (e.g., by performing a wavelet transformation on a group of video frames), and/or other suitable characteristics of the music segment).
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/Abdelbasst Talioua/Primary Examiner, Art Unit 2445
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