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.
Claims 1, 3-4, 6, 9, 11-12, 14 are rejected under 35 U.S.C. 103 as being unpatentable over Li CA-3117974-A1 in view of Vogel, WO-0143434-A1.
Regarding claims 1, 9, Li discloses a system for prioritizing Non-Real-Time (NRT) data services within an Advanced Television Systems Committee (ATSC) 3.0 broadcasting standard (fig. 1, 10; pg. 9-11 (10 is a broadcast system operating in ATSC 3.0 standard)) the system comprising:
a plurality of NRT servers each configured to prepare and transmit NRT data in a ATSC 3.0 compliant format (fig. 1, 30; fig. 3, 255; pg. 13, ll. 3-25 (ITC servers in each of fig. 1, 30 meets NRT servers because they provide NRT information like emergency alerts or electronic service guides));
a signaling server (fig. 1, 30) operatively coupled to each of the plurality of NRT servers and configured to receive the NRT data in the ATSC 3.0 compliant format (pg. 12, ll. 23-26 (any of the ITCN servers receive NRT data in a ATSC 3.0 compliant packet-see wave generation by exciter in ATSC 3.0 standard pg. 14, ll. 23-26)); and
a broadcast gateway (fig. 1, 13) operatively coupled to the signaling server (13 is coupled to all fig. 1, 30 via exciter 20) and configured to receive the
Li fails to explicitly disclose signaling server for prioritizing NRT data by prioritization policy;
identifying priorities of the received NRT data and assigning priority according to the prioritization policy across all of the received NRT data; and
determining a priority schedule for broadcasting the received NRT data to provide the prioritized NRT data to the broadcast gateway.
In a similar filed of endeavor, Vogel discloses a signaling server for prioritizing NRT data by prioritization policy (fig. 3, 236; pg. 12, ll. 30-pg. 15, ll. 3 (the switch controller which is a signaling server controls prioritization of data based on the type of data received-ITC information includes ESG and emergency alerts so it equates to NRT data));
identifying priorities of the received NRT data and assigning priority according to the prioritization policy across all of the received NRT data (pg. 13, ll. 13-18 (prioritizing non-content data with control information over non-content data without control information-by doing so a policy or rule is enforced)); and
determining a priority schedule for broadcasting the received NRT data to provide the prioritized NRT data to the broadcast gateway (pg. 13, ll. 13-18 (the prioritized non-content data is transmitted to processor 150 which is the claimed gateway)).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Li to include a signaling server for prioritizing NRT data by prioritization policy; identifying priorities of the received NRT data and assigning priority according to the prioritization policy across all of the received NRT data; and determining a priority schedule for broadcasting the received NRT data to provide the prioritized NRT data to the broadcast gateway as disclosed by Vogel in order to reduce the load on out band channels by transmitting prioritized non-content data in in-band channels.
Regarding claims 3, 11, Li in view of Vogel discloses the system, wherein the plurality of NRT servers comprise two or more of: an Electronic Service Guide (ESG) server (Li: pg. 36, ll. 23-26 (NRT ESG)), an Advanced Emergency Alert (AEA) (Li: pg. 29,ll. 14-16 (emergency alerts)), and an application-based services server (Li: pg. 29,ll. 14-16 (software update meets application-based services)).
Regarding claims 4, 12, Li in view of Vogel discloses the system, wherein defining the prioritization policy comprises designating a specific data type as having a highest priority (Vogel: (pg. 13, ll. 13-18 (prioritizing non-content data with control information over non-content data without control information)).
Regarding claims 6, 14, Li in view of Vogel discloses the system, wherein the prioritization policy is determined by the at least one processor of the signaling server (Vogel: (pg. 13, ll. 13-18 (prioritizing non-content data with control information over non-content data without control information (fig. 3, 236 has a processor)).
Claims 2, 10 are rejected under 35 U.S.C. 103 as being unpatentable over Li CA-3117974-A1 in view of Vogel, WO-0143434-A1, and further in view of Short, USPG_Pub. 20060269057.
Regarding claims 2, 10 Li in view of Vogel do not explicitly disclose the system, wherein each of the plurality of NRT servers is configured to define and queue a data priority and a bit rate of the NRT data prepared thereby.
Short discloses the system, wherein each of the plurality of NRT servers is configured to define and queue a data priority and a bit rate of the NRT data prepared thereby (fig. 2, 235; Para. 54 (the prioritization establishes relevance of the objects or data to be compressed at any bitrate for transmission allowing for a real-time dynamic bitrate delivery)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the system of Li in view of Vogel to include the system, wherein each of the plurality of NRT servers is configured to define and queue a data priority and a bit rate of the NRT data prepared thereby as disclosed by Short in order to allow for real-time dynamic bitrate delivery of data.
Claims 5, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Li CA-3117974-A1 in view of Vogel, WO-0143434-A1 and further in view of Yeh, USPG_Pub. 20140215017.
Regarding claims 5, 13, Li in view of Vogel do not explicitly disclose the system, wherein the prioritization policy is set by a user.
Yeh discloses data prioritization based on user preference (Para. 21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the ITCN servers of Li in view of Vogel to include the system, wherein each of the plurality of NRT servers is configured to define and queue a data priority and a bit rate of the NRT data prepared thereby as disclosed by Yeh in order to allow for transmission of prioritized side channels (data) based on user preference.
Claims 7-8, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Li CA-3117974-A1 in view of Vogel, WO-0143434-A1, and further in view of JP-2004503156-A (hereafter JP).
Regarding claims 7, 15, Li in view of Vogel do not explicitly disclose the system, wherein the at least one processor of the signaling server assigns priority according to the prioritization policy across all of the received NRT data by employing a pre-existing reserved byte in the received NRT data as a priority byte and assigning code values with each code value representing a specific priority level.
JP discloses the system, wherein the at least one processor of the signaling server assigns priority according to the prioritization policy across all of the received NRT data by employing a pre-existing reserved byte in the received NRT data as a priority byte and assigning code values with each code value representing a specific priority level (Description: The relative importance of information can be determined by various factors. For example, a priority indicator on the IP packet header can be used to determine whether to send the information immediately or to store it in a transmission buffer during transmission using a later frame)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the ITCN servers of Li in view of Vogel to include the signaling server assigns priority according to the prioritization policy across all of the received NRT data by employing a pre-existing reserved byte in the received NRT data as a priority byte and assigning code values with each code value representing a specific priority level as disclosed by JP in order to determine which data can be stored and transmitted later and those that need to be transmitted immediately.
Regarding claim 8, Li in view of Vogel discloses the system, wherein the priority byte provides buffer control to prioritize urgent data for immediate transmission (JP: Description: (a priority indicator on the IP packet header can be used to determine whether to send the information immediately or to store it in a transmission buffer during transmission using a later frame)).
Conclusion
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/ANTHONY BANTAMOI/Examiner, Art Unit 2422
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