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Transcript of Unified Patents v. Convergent Media Solutions, IPR2016-00047
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Filed on behalf of: Unified Patents Inc.
By: P. Andrew Riley
Joshua D. Goldberg
Kai Rajan
Finnegan, Henderson, Farabow,
Garrett & Dunner, L.L.P.
901 New York Avenue, NW
Washington, DC 200014413
Telephone: 202-408-4000
Email: [email protected]
Jonathan Stroud
Unified Patents Inc.
1875 Connecticut Ave. NW, Floor 10
Washington, D.C., 20009Telephone: 202-805-8931
Email: [email protected]
UNITED STATES PATENT AND TRADEMARK OFFICE
____________
BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________
UNIFIED PATENTS INC.,
Petitioner
v.
CONVERGENT MEDIA SOLUTIONS, LLC,
Patent Owner
____________
IPR2016-00047Patent 8,640,183
Method and Apparatus for Browsing Using Alternative Linkbases
____________
PETITION FORINTER PARTESREVIEW OF U.S. PATENT 8,640,183
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ii
TABLE OF CONTENTS
I. INTRODUCTION ................................................................................... 1
II. MANDATORY NOTICES ....................................................................... 2
A. Real Party-in-Interest ....................................................................................... 2
B. Related Matters ................................................................................................. 2
C. Lead and Back-Up Counsel, and Service Information............................. 3
III. FEE PAYMENT ....................................................................................... 3
IV. STATEMENT OF PRECISE RELIEF REQUESTED .......................... 3
A.
Claims for Which Review Is Requested...................................................... 3
B. Statutory Grounds of Challenge .................................................................... 3
C. The Level of Ordinary Skill in the Art at the Time of the
Claimed Invention ............................................................................................ 4
V. THE 183 PATENT .................................................................................. 4
A. Overview of the Disclosure ............................................................................ 4
B. Prosecution History .......................................................................................... 5
VI. GROUNDS FOR STANDING ................................................................. 6
VII. STATEMENT OF PRECISE RELIEF REQUESTED FOREACH CLAIM CHALLENGED .............................................................. 6
A. Claims for Which Review is Requested...................................................... 6
B. Statutory Grounds of Challenge .................................................................... 7
C. Claim Construction .......................................................................................... 7
Unified Media Selection and Presentation User1.
Interface ................................................................................................ 7
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VIII. CLAIMS 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 OFTHE 183 PATENT ARE UNPATENTABLE UNDER 35 U.S.C. 103(a) ...................................................................................................... 9
A. Chenis Prior Art Under 35 U.S.C. 102(e) ............................................... 9
B. Elabbadyis Prior Art Under 35 U.S.C. 102(e) ....................................... 9
C. Meade is Prior Art Under 35 U.S.C. 102(e) ............................................ 9
D. Ground 1: Chenin view ofElabbadyrenders claims 1-5, 16,
18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 obvious.................... 9
Implementation of Chens Second Computerized Device1.
Set ........................................................................................................... 14
Implementation of Chens Discovery Protocol............................162.
E. Ground 2:Meadein view ofElabbadyrenders claims 1, 16, 18,
24, 32, 33, 37, 38, 41, 55, 58, 59, and 60 obvious...................................37
Implementation ofMeades Second Computerized1.
Device Set .............................................................................................40
Implementation ofMeades Discovery Protocol.........................422.
Implementation ofMeades Resource Indicator..........................44
3.
IX. CONCLUSION....................................................................................... 60
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TABLE OF AUTHORITIES
Page(s)
Cases
Convergent Media Solutions LLC v. AT&T Inc.,
3-15-cv-02156 (N.D. Tex.) .................................................................................. 2
Convergent Media Solutions LLC v. Hulu, Inc.,
3-15-cv-02158 (N.D. Tex.) .................................................................................. 2
Convergent Media Solutions LLC v. Netflix Inc.,
3-15-cv-02160 (N.D. Tex.) .................................................................................. 2
Phillips v. AWH Corp.,
415 F.3d 1303 (Fed. Cir. 2005) (en banc) ............................................................ 7
Federal Statutes
35 U.S.C. 103(a) ............................................................................................. 4, 7, 9
35 U.S.C. 311 ......................................................................................................3, 7
Regulations
37 C.F.R. 42.8(b)(1) ................................................................................................ 2
37 C.F.R. 42.15(a) ................................................................................................... 3
37 C.F.R. 42.100(b) ................................................................................................7
37 C.F.R. 42.103(a) ................................................................................................. 3
37 C.F.R. 42.104(a) .................................................................................................6
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LIST OF EXHIBITS
Exhibit Description
EX1001 U.S. Patent No. 8,640,183 B2 to Richard Reisman
EX1002 Declaration of Jon Weissman, Ph.D.EX1003 U.S. Patent No. 8,479,238 B2 to Chen, et al. (Chen)
EX1004 U.S. Patent No. 7,483,958 B1 to Elabbady, et al. (Elabbady)
EX1005 U.S. Patent Application Publication No. 2003/0073412 to William
K. Meade, II (Meade)
EX1006 Merriam-Websters Collegiate Dictionary (10th ed. 2000) (definition
of unified)
EX1007 Excerpts of Prosecution History for U.S. Patent No. 8,640,183
EX1008 Petitioners Voluntary Interrogatory Responses
EX1009 Microsoft Computer Dictionary (5th ed. 2002) (definitions of
UPnP and URL)
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I. INTRODUCTION
Petitioner Unified Patents Inc. (Unified) requests Inter Partes Review
(IPR) of claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 of
U.S. Patent No. 8,640,183 (the 183 patent) assigned to Convergent Media
Solutions, LLC (Convergent) (EX1001).
The 183 patent, which has a filing date of October 26, 2012 and a priority
date of May 10, 2002, describes systems and methods for navigating hypermedia
using multiple coordinated input/output device sets. EX1001 at Abstract. The 183
patent suggests that it uniquely fills gaps in interactive media control, id. at
1:30-35, 2:63-3:4, by providing user interfaces for controlling what resources (e.g.
media) are presented on which device sets.Id.at 3:15-20.
Technologies that enable media selection and device selection were well-
known in the art. The claimed first and second computerized device sets are
devices such as a television and personal digital assistant, respectivelyelectronic
devices that have been used for decades. As the 183 patent concedes, innovators
since the 1990s focused on converging television and computer technologies. Id.
at 1:30-32. Other facets of the 183 patent, such as discovery information and
resource indicators, are known in Universal Plug and Play and networked media
systems. Indeed, the 183 patent specification concedes that aspects of the claims
are based on known standards and prior art systems. See e.g., id.at 37:46-55. Thus,
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technologies that enable selecting media for presentation on another device were
well-known prior to the application for the 183 patent and its priority date.
Years before the 183 patents effective filing date, a myriad of prior art
patents and printed publications disclosed the claimed combination of elements. As
this petition demonstrates, the disclosures of Chen(EX1003),Elabbady(EX1004),
andMeade(EX1005), among other patents and publications, warrant cancellation
of claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61.
II.
MANDATORY NOTICES
A.
Real Party-in-Interest
Pursuant to 37 C.F.R. 42.8(b)(1), Petitioner certifies that Unified is the real
party-in-interest, and further certifies that no other party exercised control or could
exercise control over Unifieds participation in this proceeding, the filing of this
petition, or the conduct of any ensuing trial. In this regard, Unified has submitted
voluntary discovery. See EX1008 (Petitioners Voluntary Interrogatory
Responses).
B. Related Matters
Upon information and belief, the 183 patent was asserted in the following
cases: Convergent Media Solutions LLC v. AT&T Inc., 3-15-cv-02156 (N.D. Tex.),
Convergent Media Solutions LLC v. Hulu, Inc., 3-15-cv-02158 (N.D. Tex.), and
Convergent Media Solutions LLC v. Netflix Inc., 3-15-cv-02160 (N.D. Tex.).
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C. Lead and Back-Up Counsel, and Service Information
The signature block of this petition designates lead counsel, backup counsel,
and service information for each petitioner. Unified designates P. Andrew Riley
(Reg. No. 66,290) as lead counsel and designates Joshua L. Goldberg (Reg. No.
59,369) and Kai Rajan (Reg. No. 70,110) as backup counsel. All can be reached at
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, 901 New York Avenue,
NW, Washington, DC 20001-4413 (phone: 202.408.4000; fax: 202.408.4400).
Unified also designates as backup counsel Jonathan Stroud (Reg. No. 72,518).
Petitioner consents to e-mail service at [email protected].
III.
FEE PAYMENT
The required fees are submitted under 37 C.F.R. 42.103(a) and 42.15(a).
If any additional fees are due during this proceeding, the Office may charge such
fees to Deposit Account No. 060916.
IV. STATEMENT OF PRECISE RELIEF REQUESTED
A.
Claims for Which Review Is Requested
Petitioner requests IPR and cancellation of claims 1-5, 16, 18, 24-26, 32-38,
40-42, 49, 51-53, 55, and 58-61 of the 183 patent under 35 U.S.C. 311.
B.
Statutory Grounds of Challenge
Petitioner requests that the Board hold claims 1-5, 16, 18, 24-26, 32-38, 40-
42, 49, 51-53, 55, and 58-61 unpatentable as follows:
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Ground Proposed Statutory Rejections for the 183 Patent Exhibit No(s).
1
Claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55,
and 58-61 are obvious under 103(a) over U.S. Patent
No. 8,479,238 to Chen, et al. (Chen) in view of U.S.
Patent No. 7,483,958 to Elabbady, et al. (Elabbady).
EX1003,
EX1004
2
Claims 1, 16, 18, 24, 32, 33, 37, 38, 41, 58, 59, and 60
are obvious under 103(a) over U.S. Patent
Application Publication No. 2003/0073412 to William
K. Meade, II (Meade) in view ofElabbady.
EX1005, EX
1004
C. The Level of Ordinary Skill in the Art at the Time of the Claimed
Invention
The 183 patent claims priority to U.S. Provisional Application No.
60/379635, filed May 10, 2002. At that time, a person having ordinary skill in the
art (hereafter, POSA) of hypermedia browsing and control (i.e., in the art for the
183 patent) would have (i) a B.S. degree in computer engineering, computer
science, or equivalent training, and (ii) approximately two years of experience or
research related to computer networking. SeeEX1002 at 23.
V.
THE 183 PATENT
A.
Overview of the Disclosure
The 183 patent describes systems and methods for navigating hypermedia
using multiple coordinated input/output device sets. EX1001 at Abstract. The
device sets may include personal computing (PC) devices such as Personal Digital
Assistants (PDAs), and televisions (TVs).Id. at 16:28-43, 19:32-47.
Hypermedia may include any kind of media that may have the effect of a
non-linear structure of associated elements, and includes graphics, video, and
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sound.Id.at 7:13-22. Notably, none of the claims require or recite hypermedia.
Instead, the claims recite continuous media, which broadly encompasses any
representation of content elements that have an intrinsic duration, that continue
(or extend) and may change over time, including one or more of audio data,
video data, animation, virtual reality data, hybrid natural and synthetic video
data, including both stored format and streams or streaming transmission
formats.Id. at 20:5-12.
B.
Prosecution History
The application was filed on October 26, 2012, EX1007 at 160-510, and
claimed the priority of multiple non-provisional and provisional applications, the
earliest of which was U.S. Provisional Application No. 60/379,635, filed on May
10, 2002.Id.at 460. Thus, the 183 patent may have an effective filing date of May
10, 2002, pending full support in the provisional application.
The Examiner opened prosecution in June of 2013, by restricting the original
three claims. EX1007 at 123-128. In response, Applicant cancelled one claim, and
added 61 new claims to the remaining two claims. Id. at 94-117. Nearly 60 of the
new claims were distinct and did not have overlapping or duplicate subject matter.
The Examiner conducted a brief search, unnecessarily confined to class 725, for
words within the specification, and not for prior art. Id. at 47-48 (Ref. Nos. S1-S9).
In September of 2013, the Examiner proposed claim amendments during an
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Examiner-initiated interview (EX1007 at 36), and then mailed a Notice of
Allowance on September 18, 2013. Id. at 18-35. In the Examiners Amendment,
the Examiner failed to cancel dependent claims that recited the same elements as
those incorporated into the independent claims, such as dependent claims 46 and
47. More remarkable, the Examiner never rejected any of the claims. In the Notice
of Allowance, the Examiner declined to identify the allowable aspects of the
claims, and instead vaguely stated that [t]he prior art of record fails to neither (sic)
disclose nor sufficiently suggest the combination of features as claimed and
arranged by applicant.Id.at 34.
VI. GROUNDS FOR STANDING
Petitioner certifies that the 183 patent is available for IPR and that the
Petitioner is not barred or estopped from requesting IPR challenging the 183
patent on the grounds identified. See 37 C.F.R. 42.104(a). Specifically: (1)
Petitioner is not the owner of the 183 patent; (2) Petitioner is not barred or
estopped from requesting IPR; and (3) Petitioner has not been served with a
complaint alleging infringement of the 183 patent.
VII.
STATEMENT OF PRECISE RELIEF REQUESTED FOR EACH
CLAIM CHALLENGED
A. Claims for Which Review is Requested
Petitioner respectfully requests review under 35 U.S.C. 311 of claims 1-5,
16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 of the 183 patent, and their
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cancellation as unpatentable.
B. Statutory Grounds of Challenge
Claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 are
challenged as unpatentable under 35 U.S.C. 103(a). The claim construction,
reasons for unpatentability, and specific evidence supporting this request are
detailed below.
C. Claim Construction
Claim terms are given their ordinary and customary meaning as understood
by a POSA. Phillips v. AWH Corp., 415 F.3d 1303, 1312-13 (Fed. Cir. 2005) (en
banc). A claim in an unexpired patent subject to inter partes review receives the
broadest reasonable construction in light of the specification of the patent in
which it appears. 37 C.F.R. 42.100(b). The majority of the claims are common
terms that deserve their ordinary and customary meaning. Unified suggests the
following term from the claims of the 183 patent requires construction.1
Unified Media Selection and Presentation User Interface1.
Independent claims 1, 58, 59, and 60 all specify that the first user interface
and the second user interface together comprise a unified media selection and
presentation user interface. EX1001 at 164:65-165:1, 169:6-9, 57-60, 140:44-47.
1The broadest reasonable interpretation should be applied to any claim terms not
addressed below.
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The term unified is not defined or even recited anywhere in the specification,
except in 103:35-42, where the term is used in a different context of unified
messaging services. The term unified is also not defined anywhere in the
dependent claims, and only appears in dependent claim 47, which merely
duplicates elements from independent claim 1. The dictionary definition of
unified is ma[d]e into a unit or a coherent whole. EX1006. The independent
claims specify that the unified media selection and presentation user interface
includes controls for (1) selecting continuous media content and (2) selecting one
of the first or second computerized device sets for presentation of the continuous
media content. EX1001, claims 1, 58, 59, 60. Taken in the context of the
specification and the claims, which are directed to a first and second user interface,
the phrase unified media selection and
presentation user interface should be
construed to mean a coherent set of user
interfaces for selecting media and selecting
a presentation device. EX1002 at 26-27. This construction is consistent with
FIG. 3 of the 183 patent, which shows typical displays and user interface
display layouts according to certain embodiments of the present invention.
EX1001 at FIG. 3, 3:37-39. A portion of FIG. 3 illustrates the coherent set of user
interfaces for selecting media, as used in a personal digital assistant (PDA):
Portion of 183 Patent
EX1001), FIG. 3
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VIII. CLAIMS 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 OF
THE 183 PATENT ARE UNPATENTABLE UNDER 35 U.S.C.
103(a)
A. Chenis Prior Art Under 35 U.S.C. 102(e)
U.S. Patent No. 8,479,238 (EX1003, Chen), filed on May 14, 2002, claims
priority to U.S. Provisional Patent Application No. 60/290,788, filed on May 14,
2001. Chen is prior art under at least 35 U.S.C. 102(e) based on at least its
domestic priority date of May 14, 2001.
B. Elabbadyis Prior Art Under 35 U.S.C. 102(e)
U.S. Patent No. 7,483,958 (EX1004, Elabbady), filed on March 26, 2002,
claims priority to U.S. Provisional Patent Application No. 60/278,804, filed on
March 26, 2001.Elabbady is prior art under at least 35 U.S.C. 102(e) based on at
least its domestic priority date of March 26, 2001.
C.
Meade is Prior Art Under 35 U.S.C. 102(e)
U.S. Patent Application Publication No. 2003/0073412 (EX1005, Meade),
filed on October 16, 2001. Meade is prior art under at least 35 U.S.C. 102(e)
based on its filing date of October 16, 2001.
D. Ground 1: Chen in view of Elabbady renders claims 1-5, 16, 18,
24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 obvious
Chendiscloses control of multimedia playback, just like the 183 patent.
See EX1003 Title. FIG. 3 of Chen shows an exemplary network topology
including a Control Device 212, in communication with a Video Device 218:
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EX1004, FIG. 3
Control Device 212 can include a portable computerized device such as a personal
digital assistant (PDA) (claim 37) or a tablet computer (claim 40) capable of
playing multimedia data such as, preferably, still images, text, preview videos, or
the like. EX1003 at 4:47-60. In Chens system, Control Device 212 serves as a
dynamic control pad for initiating video playback. Id. Control Device 212
communicates with other components (such as Video Device 218) via network
216, which may operate using wireless protocols such as Bluetooth, IEEE,
802.11b, infrared protocols, or other wireless protocols.Id. at 4:55-58. Network
216 may include an Internet Protocol (IP) network.Id. at 65-66. 802.11b is known
as a version of WiFi, to people of ordinary skill in the art (POSA) of wireless data
networks. EX 1002 at 33.
Control device 212 includes a display screen that provides multiple user
interfaces for selecting content and for controlling playback on video device 218.
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EX1003 at FIGS. 4-10. Chen discloses having more than one video
device controlled by the [same] control device.Id.at 5:13-14.
An exemplary graphical user interface displayed on control device 212
provides multimedia data representing video data for browsing and selection for
playback. EX1003 at 8:1-10. An example of this
graphical user interface is illustrated in FIG. 7 of
Chen (reproduced at the right). Video data
relative to a search term is displayed, so that the
consumer can browse available videos, and select
a particular video from the list. Id. at 4:32-35.
Represented video data can be stored in a
centralized video database, or stored locally and
proximate to the video device 218.Id. at 5:31-32,
7:66-:810. Represented video data can include
videos encoded according to a standard such as
the Moving Picture Experts Group (MPEG)a
type of encoded video.Id. at 3:35-38; EX1002 at
35.
In addition to displaying a listing of
multimedia programs, the user interface displayed
EX1003, FIG. 7
EX1003, portion of FIG. 4
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on the control device 212 includes multimedia content data based on the content of
the video data. EX1003 at 3:21-29. The multimedia content data can include still
images, preview videos, and detailed information about the video data.Id.
A consumer may select a particular video data (such as a television program)
for playback, from the displayed multimedia data.Id. at 8:3-10.
Prior to selecting the video data, control device 212 may display another
exemplary graphical user interface to allow the user to specify a video device for
viewing multimedia. EX1003 at FIG. 4 (reproduced to the right). A single control
device 212 may control multiple video devices.Id.at 5:13-14.
Control device 212 displays the user interfaces illustrated in FIGS. 4 and 8
as part of a coherent set of user interfaces for selecting media for playback and for
selecting a presentation device, and thus Chendiscloses a unified media selection
and presentation interface. See EX1002 at 39.
Video device 218 may include a television (claims 38, 41) or computer
monitor that plays video. EX1003 at 5:4-5. Video device 218 is capable of
decoding compressed video data, including MPEG video (claim 42). Video device
218 communicates with the system, including with control device 212, using a
wireless connection with sufficient bandwidth to support playback of digital video
data. Id. at 5:5-9. Chen discloses storing multiple versions of the video data in
various formats, so that the highest possible quality version may be delivered and
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played on a video device. The video quality is determined based on the capability
of the video device 218 to receive the video data, including the available
bandwidth for the video device and the video device capabilities.Id. at 3:38-42.
Chen discloses using a protocol similar to an Address Resolution Protocol
(ARP) to discover nearby devices and determine which video devices 218 are
active and capable of receiving and playing video. EX1003, at 7:13-25. When a
user accesses the user interface shown in FIG. 4 (reproduced above), the control
device 212 provides a list of available video devices to which the consumer has
access.Id.The consumer inputs a selection of an available video device, and the
selected video device receives selected video data to begin playback.Id.at 7:4-25.
After the consumer selects a playback video device and then selects the video data,
control device 212 generates and transmits URLs (claim 55) to the video device
218.Id.at 6:43-54. The generated URL can include a MediaURL and other
parameters which facilitate retrieval of the video data for playback on the selected
video device 218.Id. Control device 212 and video device 218 communicate over
network 216, which uses wireless protocols such as Bluetooth (claim 33), IEEE, or
WiFi (claim 32), which are types of packet networks. EX1003 at 4:55-58; EX1002
at 41. Control device 212 also communicates with a video server 220 to assist the
video device 218 with retrieving the desired video data for playback. EX1003at
5:58-62. Video server 220 may be located remotely from the premises, and
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communicate with video device 218 and control device 212 using a Wide Area
Network (WAN) that routes packets between devices.Id. at 5:31-38. The Internet
is a common type of Wide Area Network, and thus the video device 218 and
control device 212 may communicate over the Internet with video server 220,
acting as a web server. EX 1002 at 41.
During playback, the video data is presented on the video device 218, and
the control device 212 provides a user interface for soliciting consumer
input/instructions to control video playback. EX1003 at 6:40-50. Using the
interface, the consumer can control parameters including volume, play, stop, and
pause (claim 25), for example.Id. at 6:58-67. Video server 220 may be included in
an implementation of Chens system that provides media content distribution
services such as network-based, video-on-demand entertainment and information
services. EX1003 at 9:12-18.
Implementation of Chens Second Computerized Device Set1.
As explained above, Chen discloses a control device such as a PDA that
browses video data and plays videos. EX1003 at 3:24-26, 4:50-53. To the extent
that the control device in Chen does not present MPEG encoded video data,
Elabbady discloses this element.
Elabbady, like Chen and the 183 patent, discloses a media browsing and
playback system having a first device 202 and other devices 206a-d. EX1004 at
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5:24-31. Like Chen, first device 202 in Elabbady is a PDA that provides a media
catalog for a user to select media content for playback. Id. at 9:53-60. Elabbady
also teaches that first device 202 PDA can play media content such as video. Id. at
3:33-46, 5:66-6:3, 7:3-8, 8:57-62. Thus, Elabbady recognizes that a PDA is a
media processing device and that it has an ordinary function of playing media
content such as video.Id.
It would have been obvious to modify Chens control device PDA to provide
functionality to present encoded video data. EX1002 at 45. Such a modification
would combine known elements and functionsi.e., modifying control device 202
to include a functionality that was known and commonly implemented in PDAs at
the time of Chens invention. Furthermore, both Chen andElabbady are analogous
references in the same art of media browsing and playback. Id. Moreover, the
combination of Chen and Elabbady is obvious because it would provide a more
desirable system, one where multiple media browsing devices also have the ability
to playback selected data, using devices and functionalities that were well-known
at the time of Chens invention.Id.
Therefore, it would have been obvious to POSA to modify Chens control
device 212 PDA with Elabbadys first device 202 having video data playback
capability. POSA would have had a reasonable likelihood of success when
combining the two because the PDAs in both systems are ordinary, common
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PDAs, and the implementation of a known function would have been
straightforward and predictable. EX1002 at 46.
Implementation of Chens Discovery Protocol2.
As discussed above, Chen discloses an interface that presents a list of
available video devices. EX1003 at 7:13-25. To do this, Chen teaches using a
protocol similar to an Address Resolution Protocol (ARP)a type of discovery
protocol to identify nearby video devices.Id., EX1002 at 47. To the extent that
Chens ARP protocol is not a discovery protocol that is implemented at a
communication layer above an internet protocol layer,Elabbady teaches these
elements.
Like Chen, Elabbady discloses locally networked devices that browse and
play video data.Elabbady discloses devices 202 (which can be a PDA),206, and
300 (which can televisions) connected via network 204. EX1004 at 5:23-31, 9:56-
60. One implementation of Elabbadys network 204 uses a Universal Plug-and-
play (UPnP) protocol (claim 16) that connects devices 202 and 206 and connects
devices 202 and 300. Id. at 5:54-65, 10:11-16. Similar to the ARP protocol in
Chen, Elabbadys UPnP provides for device collaboration and communication in
network 204 in a peer-to-peer manner with zero-configuration networking, to
configure devices that were previously not connected (claim 18).Id. The UPnP
protocol is implemented in a communication layer that is above an internet
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protocol layer. EX1002 at 48. Notably, claim 16 of the 183 patent specifies that
the discovery protocol is performed at least partially in accordance with a
universal plug and play (UPnP) protocol, and, therefore, Elabbadys UPnP
protocol meets the discovery protocol of the claims. Indeed, UPnP is a known
mechanism for devices to discover and connect to other devices and to enumerate
the characteristics of those devices. EX1009.
It would have been obvious to modify Chens determination of available
video devices with Elabbadys UPnP discovery protocol to provide zero-
configuration networking of Chens control and video devices. EX1002 at 49.
Such a modification would merely replace one technique for identifying available
devicesARPwith another known technique for identifying available devices
UPnP. As illustrated in Chen and Elabbady, both techniques are known to POSA
for identifying available devices in a network that are capable of receiving and
playing video data.Id.Furthermore, UPnP is intended to be an element of home
networking, in which PCs, appliances, and the services they provide are linked
together. EX1009. Thus, the combination of Chen andElabbady would have been
obvious because Elabbady substitutes one known technique for another, and
provides predictable, if not equivalent, results. EX1002 at 49.
As further explained in the chart below,2 the combination of Chen and
2All emphasis in the claim charts in this petition is added unless otherwise noted.
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Elabbadyteach all elements of claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53,
55, and 58-61 of the 183 patent.3
[1.P] 1. A method
for use in a
second
computerized
device set which
is configured for
wireless
communication
using a wireless
communications
protocol thatenables wireless
communication
with a first
computerized
device set,
wherein the first
and second
computerized
device setsinclude respective
first and second
continuous media
players, the
method
comprising:
Chen discloses a control device 212 (the claimed second
device set) that may be a PDA that plays media including
preview videos, and a video device 218 (the claimed first
device set) that may be a television or computer monitor that
plays video. Control device 212 and video device 218
communicate over network 216 which uses wireless protocols
such as Bluetooth, WiFi, or infrared.
For example, see EX1003 (Chen) at 4:46-53: [A] control
device 212 communicates via a network access point 214
over a network 216. The control device acts as a dynamiccontrol pad for initiating video playback of content specific
information and may be a suitably programmed Personal
Digital Assistant (PDA) device. The control device is capable
of inputting control command, communicating data, and
playing multimedia data such as, preferably, still images, text,
preview videos, or the like. See also id. at 4:55-58: The
control device utilizes wireless data communications and may
employ Bluetooth, IEEE 802.11b, infrared protocols, or other
wireless protocols, to establish communication with thenetwork access point. See also id. at 5:4-9: a video device
218 is located at the consumer premises 210. The video
device can decode compressed digital video data and may be
a television monitor, computer monitor, or the similar device
for display video data. The video device communicates with
the network using compatible protocols, as is known in the
art. See also id. at 5:9-12: The video device may
communicate with the network through a wireless connection
that has sufficient bandwidth to support the playback of
compressed digital video data.
3The chart does not explicitly address claims 16, 18, 32, 33, 37, 38, and 40-42.
Those claims are explicitly addressed in the discussion above.
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[1.A] making
available to a user
a first user
interface that
allows the user to
select a
continuous media
content to be
presented to the
user, wherein the
continuous media
content includes a
set of encoded
video data;
Chen discloses a user interface that allows selection of
multimedia content including MPEG encoded video data.
For example, see EX1003 (Chen) at 7:60-62: [A] control
device screen of multimedia data indicating video data
relevant to a particular search term. See also id. at 8:3-10:
The display of this multimedia data conveys a summary or
condensed representation pertaining to the content of the
video data for browsing and serves as a dynamic control pad
for initiating of video data playback. The consumer then
selects a particular video data (e.g., a television program) of
interest from this displayed list of condensed representations
pertaining to the content of the video data. See also id. 3:36-
38 - video data may be stored in a format such as MPEG-1,
MPEG-2, MPEG-4, or other formats and delivered across thenetwork at various bitrates.
[1.B] making
available to the
user a second
user interface that
allows the user to
select to have the
continuous media
content presentedon either one of
the first
computerized
device set and the
second
computerized
device set;
Chen discloses a user interface displayed on control device
212 (such as a PDA), that allows for a selection of video data
for playback on a selected video device 218 of multiple
available video devices.
For example, see EX1003 (Chen) at FIG. 4; 4:47-53:
The control device acts as a dynamic control pad for
initiating video playback of content specificinformation and may be a suitably programmed
Personal Digital Assistant (PDA) device. The control
device is capable of inputting control command,
communicating data, and playing multimedia data such
as, preferably, still images, text, preview videos, or the
like. See also id. at 7:5-7: The control device
provides an input field 410 for the consumer to specify
the video device that is to be controlled. See also id. at
5:13-14: There may be more than one video device
that may be controlled by the control device.
Elabbady discloses multiple networked devices such as first
device 202 (such as a PDA) and other device 206 (such as a
television).Elabbady teaches both PDA 202 and television
206 being capable of playing the same media content.
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For example, see EX1004 (Elabbady) at 3:33-46: The
methods and systems may also be implemented, for example,
using various media processing devices such as desktop
computing devices, notebook computing devices, tablet
computing devices, hand-held computing devices, personal
digital assistant (PDA) devices, electronic paper devices,
electronic book devices, wearable computing devices, digital
audio receiver (DAR) devices, digital audio player devices,
digital audio recording devices, automobile-based media
player devices, digital television devices, digital video player
devices, digital versatile disc (DVD) player devices; set top
box devices, digital video receiver devices, digital video
recording devices, wireless communication devices, and the
like. See also id. at 8:57-62: With attention once again to
FIG. 2A, devices 206b and 206c are representative of mediacontent playing devices. It should be noted, however, that one
or more of devices 202, 206a and 206d may also provide
media content playing.
[1.C] receiving
discovery
information at the
second
computerized
device set inaccordance with a
device
management
discovery
protocol that is
implemented at a
communication
layer above an
internet protocol
layer, andwherein the
discovery
information
allows the second
computerized
device set to
Chen discloses control device 212 and video device
218 in wireless communication, where control device
212 provides, in a user interface, a list of active video
devices 218 for video data playback. Chen discloses
using a protocol similar to an Address Resolution
Protocol (ARP) to determine a list of active videodevices. Chen also discloses using an Internet Protocol
(IP) network.
Chen also discloses storing multiple versions and formats of
the video data to provide a version of the video data based on
the available bandwidth of the selected video device 218.
For example, see EX1003 (Chen) at 7:13-15: Preferably, the
control device provides a list of all available video devices to
which the consumer has access. See also id. at 7:23-25:Alternatively, a protocol similar to Address Resolution
Protocol (ARP) can be used to determine a list of active video
devices. See also id. at 3:38-42: Multiple versions of the
video data in various formats are stored so that the highest
possible quality version may be later delivered to a consumer
based on available bandwidth and the consumer's video
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determine that the
first
computerized
device set is
capable of
receiving the
continuous media
content and
playing the
continuous media
content;
device capabilities.See also id. at 4:65-67: The network
preferably is an Internet Protocol (IP) network and may have
bandwidth of 10 Mbps or greater.
Elabbady discloses locally networked devices 202 (e.g., a
PDA), 206, and 300 (e.g., televisions), that utilize the
Universal Plug-and-Play (UPnP) protocol to connect in
network 204. The UPnP protocol allows zero-configuration
networking between proximate networked devices.
For example, see EX1004 (Elabbady) at 5:54-65: One such
implementation, in accordance with certain preferred
implementations, includes the use of a Universal Plug-and-
Play (UPnP) protocol that provides a peer-to-peer network
capability that can support various devices through wiredand/or wireless connections. UPnP provides a distributed,
open networking architecture that leverages Transmission
Control Protocol (TCP/IP) and World Wide Web (WWW)
features to enable seamless proximity networking in addition
to control and data transfer among networked devices in a
home, office, or other like environment(s). UPnP
advantageously boasts device-driver independent and zero-
configuration networking.See also id. at 10:13-16: Media
CS 203 generates at least one media catalog 205, which isdiscovered by a network interface 314 of device 300 in act #2.
Network interface 314, for example, may include or otherwise
work with a UPnP User Control Point (UCP) 315. See also
id. at FIG. 3.
[1.D] wherein, in
the event the user
selects, via the
second user
interface, to have
the continuousmedia content
presented on the
second
computerized
device set, the
second media
Chen discloses a user interface displayed on control device
212 (such as a PDA), that allows for a selection of video data
for playback on a selected video device 218 of multiple
available video devices. Chen also discloses video device 218
having a decoder for decoding video data before playback.
For example, see EX1003 (Chen) at FIG. 4; 4:47-53: The
control device acts as a dynamic control pad for initiating
video playback of content specific information and may be a
suitably programmed Personal Digital Assistant (PDA)
device. The control device is capable of inputting control
command, communicating data, and playing multimedia data
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player decoding
the continuous
media content for
presentation on
the second
computerized
device set;
such as, preferably, still images, text, preview videos, or the
like. See also id. at 5:5-6: The video device can decode
compressed digital video data and may be a television
monitor.
Elabbady discloses multiple networked devices such as first
device 202 (such as a PDA) and other device 206 (such as a
television).Elabbady teaches both PDA 202 and television
206 being capable of playing the same media content.
Elabbady also teaches
For example, see EX1004 (Elabbady) at
8:57-62 - With attention once again to FIG. 2A, devices
206b and 206c are representative of media content playing
devices. It should be noted, however, that one or more ofdevices 202, 206a and 206d may also provide media content
playing.
[1.E] wherein, in the
event the user selects,
via the second user
interface, to have the
continuous media
content presented on
the first computerizeddevice set, wirelessly
transmitting, in
accordance with a
wireless local area
network protocol, at
least a resource
indicator, wherein the
resource indicator
comprises at least one
of a URL, URI, andURN, from the second
computerized device
set to the first
computerized device
set, wherein the
resource indicator
Chen discloses control device 212 receiving a
selection of video device 218 for video data
playback, and a selection of video data for
playback. Chen also discloses wireless
communication between control device 212 and
218, and based on the selected video data and
video device, control device 212 generates URLsand parameters including a MediaURL.
Parameters are provided to the video device to
retrieve and playback selected video data.
For example, see EX1003 (Chen) at 7:5-7: The control
device provides an input field 410 for the consumer to
specify the video device that is to be controlled. See
also id. at8:21-25: If the consumer selects one of the
displayed excerpts, the video data corresponding to the
excerpt will be provided to the video device for playbackat that point in the video data corresponding to the
selected excerpt. See also id. at 4:55-58: The control
device utilizes wireless data communications and may
employ Bluetooth, IEEE 802.11 b, infrared protocols, or
other wireless protocols, to establish communication
with the network access point. See also id. at 6:43-54:
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facilitates obtaining
the continuous media
content for
presentation to the
user on the first
computerized device
set; and
For initiation and control of video data playback,
application software on the control device generates
URLs, which pass parameters to a CGI application
running under the HTTP server on the video device. A
CGI syntax of name/value pairs is used for passing
parameters from the control device to the video device.
Parameters include MediaURL, VideoDevice, StartTime,
so Volume, Reply, and Command.
[1.F] wherein the
continuous media content is
not presented on the second
computerized device set
during presentation on the
first computerized device
set, and the first userinterface and the second
user interface together
comprise a unified media
selection and presentation
user interface, wherein the
unified media selection and
presentation user interface
presents user input controls
for selection of thecontinuous media content
and for selection of either
one of the first
computerized device set and
the second computerized
device set for presentation
of the continuous media
content.
Chen discloses presenting selected video
data on a selected video device. Chen also
discloses user interfaces having controls for
selecting video data and for selecting a video
device.
For example, see EX1003 (Chen) at 5:58-62:After the user has selected multimedia data in
order to view the corresponding video data or at
least one video program, the control device 212
communicates with video server 220 over the
network 216 to instruct the video server to retrieve
and provide the desired video data to the video
device. See also id. at FIGS. 4, 7, 8. See also id. at
8:7-10: The consumer then selects a particular
video data (e.g., a television program) of interest
from this displayed list of condensed
representations pertaining to the content of the
video data. See also id. at 7:4-7: FIG. 4 illustrates
an exemplary control device screen for specifying
the video device that is to be controlled. The
control device provides an input field 410 for the
consumer to specify the video device that is to be
controlled.
[2] The method of claim
1, further comprising:initiating a user
browsing session at the
second computerized
device set.
Chen discloses an application that allows for
browsing video data on the control device 212.
For example, see EX1003 (Chen) at 4:14-17:
[A]pplication software generates a content rich
interface for browsing the corresponding multimedia
data and initiating video data playback.
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[3] The method of
claim 2, wherein the
user browsing
session includes
navigation of a
content listing of
content available
from a remote
source, and
receiving from the
user via the first
user interface an
input selecting the
continuous media
content.
Chen discloses providing user interfaces on a control
device 212 for browsing a list of video data. The video data
may be stored in a remote multimedia server. The user
interface includes controls for selecting video data for
playback on a video device.
For example, see EX1003 (Chen) at 7:66-8:10:[A] listing
of multimedia data describing, in some manner, video data
relevant to the search term is displayed. Multimedia data
displayed may include a program name, date and time of
airing, network aired on, and the like. The display of this
multimedia data conveys a summary or condensed
representation pertaining to the content of the video data
for browsing and serves as a dynamic control pad for
initiating of video data playback. The consumer thenselects a particular video data (e.g., a television program)
of interest from this displayed list of condensed
representations pertaining to the content of the video data.
See also id. at 5:31-32: The multimedia server may be
located remotely with respect to the consumer premises.
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[4] The method of
claim 2, wherein the
user browsing session
includes navigation of
a content listing that
identifies content
available from storage
within a computerized
storage device that is
independent of the
first and second
computerized device
sets and is accessible
to the first and second
computerized devicesets via a packet
network that is local to
both the first and
second computerized
device sets, and
receiving from the
user via the first user
interface an input
selecting thecontinuous media
content.
Chen discloses browsing video data that is stored in a
centralized database that may be local to the video
device 218, and a database that is separate from control
device 212 and video device 218. Network 216 connects
all devices using an Internet Protocol (IP) network, and
uses wireless protocols such as Bluetooth, IEEE, WiFi,
or infrared. A user interface on control device 212
receives a selection of a particular video data from the
consumer, for playback on video device 218.
For example, see EX1003 (Chen) 7:66-8:1: [A] listing
of multimedia data describing, in some manner, video
data relevant to the search term is displayed. See also
id. at 4:32-35: While centralizing the video database
offers economies of scale and eases maintenance, thevideo data can be stored locally (i.e., proximate a
consumer's video device). See also id. at 4:55-58:
Control Device communicates over network 216 which
uses wireless protocols such as Bluetooth, IEEE, WiFi,
or infrared. See also id. at 4:65-67: The network
preferably is an Internet Protocol (IP) network and may
have bandwidth of 10 Mbps or greater.See also id. at
8:7-10: The consumer then selects a particular video
data (e.g., a television program) of interest from thisdisplayed list of condensed representations pertaining to
the content of the video data.
[5] The method
of claim 2,
wherein the user
browsing session
includes a
selection of a
control function
related to aparameter of the
presentation of
the continuous
media content on
the first
computerized
Chen discloses a control device 212 that provides a user
interface for receiving input and instructions from a
consumer. Control device 212 generates URLs to pass
parameters to a video device to control playback. Parameters
include commands to change the video playback volume, play
the video, pause the video, or stop the video.
For example, see EX1003 (Chen) at 6:44-50: For initiationand control of video data playback, application software on
the control device generates URLs, which pass parameters to
a CGI application running under the HTTP server on the
video device. A CGI syntax of name/value pairs is used for
passing parameters from the control device to the video
device. Parameters include MediaURL, VideoDevice,
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device set. StartTime, Volume, Reply, and Command. See also id. at
6:58-67: The Command parameter may take on one of
several values. Those values include play (play the video data
at the given StartTime), stop (stop the video data playback
and blank the video display), mute (set volume to zero), volup
(increase the volume by a predetermined number of units),
voldown (decrease the volume by a predetermined number of
units), volume (set the volume using the given Volume
parameter) and pause (stop the video data playback, freezing
the display on the current video frame), and other values
within the skill of one in the art.
[24] The method of
claim 1, the method
further comprising:
presenting to theuser at the second
computerized
device set a set of
control functions to
allow the user to
control the
presentation of the
continuous media
content on the firstcomputerized
device set.
Chen discloses a control device 212 that provides a user
interface for receiving input and instructions from a
consumer. Control device 212 generates URLs to pass
parameters to a video device to control playback.Parameters include commands to change the video
playback volume, play the video, pause the video, or stop
the video.
For example, see EX1003 (Chen) at 6:40-50: The control
device provides an interface, such as a Graphical User
Interface (GUI), for display of information and solicitation
of consumer input/instruction as explained below in
conjunction with FIGS. 4-10. For initiation and control ofvideo data playback, application software on the control
device generates URLs, which pass parameters to a CGI
application running under the HTTP server on the video
device. A CGI syntax of name/value pairs is used for
passing parameters from the control device to the video
device. Parameters include MediaURL, VideoDevice,
StartTime, Volume, Reply, and Command. See also id. at
6:58-67: The Command parameter may take on one of
several values. Those values include play (play the video
data at the given StartTime), stop (stop the video dataplayback and blank the video display), mute (set volume to
zero), volup (increase the volume by a predetermined
number of units), voldown (decrease the volume by a
predetermined number of units), volume (set the volume
using the given Volume parameter) and pause (stop the
video data playback, freezing the display on the current
[25] The method of
claim 24, wherein
the set of control
functions comprise
at least a play
control function and
a pause
control function.
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video frame), and other values within the skill of one in the
art.
[26] The method of
claim 1, further
comprising:
presenting at the
second
computerized
device set,
enhancement
content including
information related
to the continuous
media content.
Chen discloses displaying, in a user interface on a control
device 212, multimedia content data related to video data.
The multimedia content data can include, for example,
images of a scene from a movie, a theatrical trailer, names
of actors in a video program, and the cinematography of the
video program director.
For example, see EX1003 (Chen) at 3:21-29: Multimedia
data includes multimedia content data, which is data based
on the content of the video data, such as content specific
index data, for example, an index of select keywords
referenced in the video data. Examples of multimedia
content data include still images (e.g., images of a scene
from a movie), preview videos (e.g., a theatrical trailer),
detailed information about the video data (e.g., names of
actors in a video program, the cinematography of the
director of a video program), and the like. See also id. at7:60-8:3: FIG. 7 illustrates an exemplary control device
screen of multimedia data indicating video data relevant to
a particular search term. After a search term has been
instructed (e.g., either by entering a search term on the
main screen and clicking search button (518, 526) or by
selecting a link on the topic list(610)), a search of the
multimedia data, specifically content specific index data, is
undertaken and a listing of multimedia data describing, in
some manner, video data relevant to the search term is
displayed. Multimedia data displayed may include a
program name, date and time of airing, network aired on,
and the like.
[34] The method of
claim 1, further
comprising:
Chen discloses a video device 218 that receives video data
for playback, and the video data can be retrieved from a
remote video server 220. Video device 218 receives URLs
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the first
computerized
device set receiving
the continuous
media content from
a remote source via
an Internet
connection.
from a control device 212, and the URLs include a
MediaURL for retrieving video data from web server 220
over a Wide Area Network (WAN).
For example, see EX1003 (Chen) at 6:40-50: The control
device provides an interface, such as a Graphical User
Interface (GUI), for display of information and solicitation
of consumer input/instruction as explained below in
conjunction with FIGS. 4-10. For initiation and control of
video data playback, application software on the control
device generates URLs, which pass parameters to a CGI
application running under the HTTP server on the video
device. A CGI syntax of name/value pairs is used for
passing parameters from the control device to the video
device. Parameters include MediaURL, VideoDevice,StartTime, Volume, Reply, and Command. See also id.
at 5:60-62: The control device 212 communicates with
video server 220 over the network 216 to instruct the video
server to retrieve and provide the desired video data to the
video device 218. See also id. at 5:31-38 The video
server 220 may be located remotely with respect to the
consumer premises 210. In such an instance, the network
216 may use WAN or other network protocols to route
packets between the control device and the video server, asis known in the art.
Elabbady discloses an implementation of a WAN as the
Internet, for retrieving content for playback on a first
device 202 or other device 206.
For example, see EX1004 (Elabbady) at 5:12-15:
Depicted in FIG. 1, is a specific implementation of a
WAN via the Internet. Here, computer 130 employs
modem 178 to establish communications with at least oneremote computer 182 via the Internet 180.
[35] The method of
claim 34, wherein
the remote source
comprises a web
server.
Chen discloses a video server 220 located remotely from
consumer premises 210, where control device 212 and
video device 218 are located. Video server 220
communicates with control device 212 and video device
218 via network 216 such as a WAN. Chen discloses using
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URLs including MediaURLs to a HTTP server on video
device 218, to retrieve video data.
For example, see EX1003 (Chen) at 5:31-38: The video
server 220 may be located remotely with respect to the
consumer premises 210. In such an instance, the network
216 may use WAN or other network protocols to route
packets between the control device and the video server, as
is known in the art.See also id. at 6:43-50: For initiation
and control of video data playback, application software on
the control device generates URLs, which pass parameters
to a CGI application running under the HTTP server on the
video device. A CGI syntax of name/value pairs is used for
passing parameters from the control device to the video
device. Parameters include MediaURL, VideoDevice,StartTime, Volume, Reply, and Command.
Elabbady discloses devices communicating over a WAN
implemented via the Internet.Elabbady also discloses
using URLs to locate and retrieve media over the WAN.
For example, see EX1004 (Elabbady) at 5:12-15:
Depicted in FIG. 1, is a specific implementation of a
WAN via the Internet. Here, computer 130 employsmodem 178 to establish communications with at least one
remote computer 182 via the Internet 180.See also id. at
12:21-26: The user control point would select a media
content file, e.g., by URL!etc., that has a compatible format
and uses a supported network protocol. Thus, for example,
the client 316 eventually provides the URL, license
information, metadata, or other like information to media
player 324.
[36] The method of
claim 35, whereinthe web server
comprises
a media content
distribution service.
Chen discloses retrieving video data from an intelligent
content distribution network.
For example, see EX1003 (Chen) at 4:41-43: 4:41-43:
intelligent content distribution networks can be utilized to
efficiently distribute the video data from the video database
to consumers.
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[49] The method of claim 1, wherein
the continuous media content is a
member of the group consisting of:
moving images with accompanying
sound and moving-images without
accompanying sound, wherein the
moving-images originate from a
member of the group consisting of:
analog video, digitally coded video,
television, Internet television
(IPTV), Internet protocol (IP) video,
film, animation, virtual reality data,
and hybrid natural and synthetic
video data.
Chen discloses video data that is presented
on video device 218. The video data
includes compressed video data such as
MPEG video.
For example, see EX1003 (Chen) at 3:19-
20: Video data includes that data used to
display the video source material 100 on a
video device (i.e. the video itself). See
also id. at 3:35-38: For example, video
data may be stored in a format such as
MPEG-1, MPEG-2, MPEG-4, or other
formats and delivered across the network
at various bitrates.
[51] Themethod of claim
1, wherein the
wirelessly
transmitting
begins in
response to a
user selection
using the first
user interface,subsequent to a
user selection
using the
second user
interface.
Chen discloses a control device 212 that provides userinterfaces for selecting a video device 218 for video playback,
and for selecting video data to play on the video device. Chen
also teaches the control device 212 wirelessly communicating
with video device 218 and video server 220 after receiving
selections.
For example, see EX1003 (Chen) at 7:4-7: FIG. 4 illustrates
an exemplary control device screen for specifying the video
device that is to be controlled. The control device provides aninput field 410 for the consumer to specify the video device
that is to be controlled. See also 5:58-62: After the user has
selected multimedia data in order to view the corresponding
video data for at least one video program, the control device
212 communicates with video server 220 over the network 216
to instruct the video server to retrieve and provide the desired
video data to the video device 218. See also id.at 6:43-47:
For initiation and control of video data playback, application
software on the control device generates URLs, which pass
parameters to a CGI application running under the HTTP serveron the video device.
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[52] The method
of claim 1,
wherein the
resource indicator
refers to a
resource that is
served in a form
usable by the first
computerized
device set and by
the second
computerized
device set.
Chen discloses control device 212 generating and
transmitting URLs for controlling video playback on video
device 218. The URLs include MediaURLs. Chen also
discloses storing multiple versions of the video data in
various formats, which can be played on different devices,
depending on the available bandwidth and capabilities of the
device.
For example, see EX1003 (Chen) at 6:43-54: MediaURL is
a URL, URN, or URI indicating the video data stream. See
also id. at 3:38-42: Multiple versions of the video data in
various formats are stored so that the highest possible quality
version may be later delivered to a consumer based on
available bandwidth and the consumer's video device
capabilities.
Elabbady discloses multiple networked devices such as first
device 202 (such as a PDA) and other device 206 (such as a
television).Elabbady teaches both PDA 202 and television
206 being capable of playing the same media content.
Elabbady also teaches
For example, see EX1004 (Elabbady) at
8:57-62 - With attention once again to FIG. 2A, devices206b and 206c are representative of media content playing
devices. It should be noted, however, that one or more of
devices 202, 206a and 206d may also provide media content
playing.
[53] The method
of claim 52,wherein the
resource is
enabled to be
adapted to
differences
between the first
computerized
device set and the
secondcomputerized
device set.
[58.P] A method for use in a second computerized device set which is
configured for wireless communication using a wireless communications
protocol that enables wireless communication with a first computerized
device set, wherein the first and second computerized device sets include
respective first and second continuous media players, the method
comprising:
See
[1.P]
above.
[58.A] enabling a user to select a continuous media content to be
presented to the user, wherein the continuous media content includes a
set of encoded video data;
See
[1.A]
above.
[58.B] making available to the user a user interface that allows the user
to select to have the continuous media content presented on either one of
the first computerized device set and the second computerized device set;
See[1.B]
above.
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[58.C] receiving discovery information at the second computerized
device set in accordance with a device management discovery protocol
that is implemented at a communication layer above an internet protocol
layer, and wherein the discovery information allows the second
computerized device set to determine that the first computerized device
set is capable of receiving the continuous media content and playing the
continuous media content;
See
[1.C]
above.
[58.D] wherein, in the event the user selects, via the user interface, to
have the continuous media content presented on the second computerized
device set, the second media player decodes the continuous media
content for presentation on the second computerized device set;
See
[1.D]
above.
[58.E] wherein, in the event the user selects, via the user interface, to
have the continuous media content presented on the first computerized
device set, wirelessly transmitting, in accordance a wireless local area
network protocol, at least a resource indicator, wherein the resourceindicator comprises at least one of a URL, URI, and URN, from the
second computerized device set to the first computerized device set,
wherein the resource indicator facilitates obtaining the continuous media
content by the first media player for presentation to the user on the first
computerized device set; and
See
[1.E]
above.
[58.F] wherein the continuous media content is not presented on the
second computerized device set during presentation on the first
computerized device set, and the first user interface and the second user
interface together comprise a unified media selection and presentationuser interface, wherein the unified media selection and presentation user
interface presents user input controls for selection of the continuous
media content and for selection of either one of the first computerized
device set and the second computerized device set for presentation of the
continuous media content.
See
[1.F]
above.
[59.P] A method for use in a second computerized device set which is
configured for wireless communication using a wireless communications
protocol that enables wireless communication with a first computerized
device set, wherein the first and second computerized device sets include
respective first and second continuous media players, the method
comprising:
See
[1.P]
above.
[59.A] making available to a user a first user interface that allows the
user to select a continuous media content to be presented to the user,
wherein the continuous media content includes a set of encoded video
data;
See
[1.A]
above.
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[59.B] making available to the user a second user interface that allows
the user to select to have the continuous media content presented on
either one of the first computerized device set and the second
computerized device set;
See
[1.B]
above.
[59.C] receiving discovery information at the second computerizeddevice set in accordance with a device management discovery protocol
that is implemented at a communication layer above an internet protocol
layer, and wherein the discovery information allows the second
computerized device set to determine that the first computerized device
set is capable of receiving the continuous media content and playing the
continuous media content;
See[1.C]
above.
[59.D] wherein, in the event the user selects, via the second user
interface, to have the continuous media content presented on the second
computerized device set, the second media player decodes the continuous
media content for presentation on the second computerized device set;
See
[1.D]
above.
[59.E] wherein, in the event the user selects, via the second user
interface, to have the continuous media content presented on the first
computerized device set, wirelessly transmitting in accordance a wireless
local area network protocol, at least a resource indicator, wherein the
resource indicator comprises at least one of a URL, URI, and URN from
the second computerized device set to the first computerized device set,
wherein the resource indicator facilitates obtaining the continuous media
content by the first media player for presentation to the user on the first
computerized device set; and
See
[1.E]
above.
[59.F] wherein the continuous media content is not presented on the
second computerized device set during presentation on the first
computerized device set, and the first user interface and the second user
interface together comprise a unified media selection and presentation
user interface, wherein the unified media selection and presentation user
interface presents user input controls for selection of the continuous
media content and for selection of either one of the first computerized
device set and the second computerized device set for presentation of the
continuous media content.
See
[1.F]
above.
[60.P] A method for use in a first computerized device set which
wirelessly communicates with a second computerized device set,
wherein the first and second computerized device sets include respective
first and second continuous media players, the method comprising:
See
[1.P]
above.
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[60.A] providing discovery information to the second computerized
device set in accordance with a device management discovery protocol
that is implemented at a communication layer above an internet protocol
layer, and wherein the discovery information allows the second
computerized device set to determine that the first computerized device
set is capable of receiving continuous media content and playing the
continuous media content;
See
[1.C]
above.
[60.B] establishing
a wireless
communication
session with the
second
computerized
device set;
Chen discloses a control device 212 (the claimed second
device set) that may be a PDA that plays media including
preview videos, and a video device 218 (the claimed first
device set) that may be a television or computer monitor
that plays video. Control device 212 and video device 218
communicate over network 216 which uses wireless
protocols such as Bluetooth, WiFi, or infrared.
For example, see EX1003 (Chen) at 4:46-53: [A] control
device 212 communicates via a network access point 214
over a network 216. The control device acts as a dynamic
control pad for initiating video playback of content specific
information and may be a suitably programmed Personal
Digital Assistant (PDA) device. The control device is
capable of inputting control command, communicating data,
and playing multimedia data such as, preferably, still
images, text, preview videos, or the like. See also id. at4:55-58: The control device utilizes wireless data
communications and may employ Bluetooth, IEEE 802.11b,
infrared protocols, or other wireless protocols, to establish
communication with the network access point.
[60.C] receiving, via
the wireless
communication
session, in accordance
a wireless local area
network protocol, atleast a resource
indicator, wherein the
resource indicator
comprises at least one
of a URL, URI, and
URN from the second
Chen discloses control device 212 receiving a
selection of video device 218 for video data
playback, and a selection of video data for
playback. Chen also discloses wireless
communication between control device 212 and
218, and based on the selected video data andvideo device, control device 212 generates URLs
and parameters including a MediaURL.
Parameters are provided to the video device to
retrieve and playback selected video data.
For example, see EX1003 (Chen) at 7:5-7: The control
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computerized device
set to the first
computerized device
set, wherein the
resource indicator
facilitates obtaining the
continuous media
content by the first
media player for
presentation to the user
on the first
computerized device
set; and receiving
discovery information
at the secondcomputerized device
set in accordance with
a device management
discovery protocol that
is implemented at a
communication layer
above an internet
protocol layer, and
wherein the discoveryinformation allows the
second computerized
device set to determine
that the first
computerized device
set is capable of
receiving the
continuous media
content and playing the
continuous mediacontent;
device provides an input field 410 for the consumer to
specify the video device that is to be controlled. See
also id. at8:21-25: If the consumer selects one of the
displayed excerpts, the video data corresponding to the
excerpt will be provided to the video device for
playback at that point in the video data corresponding to
the selected excerpt. See also id. at 4:55-58: The
control device utilizes wireless data communications
and may employ Bluetooth, IEEE 802.11 b, infrared
protocols, or other wireless protocols, to establish
communication with the network access point. See also
id. at 6:43-54: For initiation and control of video data
playback, application software on the control device
generates URLs, which pass parameters to a CGI
application running under the HTTP server on the videodevice. A CGI syntax of name/value pairs is used for
passing parameters from the control device to the video
device. Parameters include MediaURL, VideoDevice,
StartTime, so Volume, Reply, and Command.
Elabbady discloses locally networked devices 202 and
206 (which can be a PDA and television, respectively),
that utilize the Universal Plug-and-Play (UPnP)
protocol. The UPnP protocol allows zero-configurationnetworking between proximate networked devices.
For example, see EX1004 (Elabbady) at 5:54-65: One
such implementation, in accordance with certain
preferred implementations, includes the use of a
Universal Plug-and-Play (UPnP) protocol that provides
a peer-to-peer network capability that can support
various devices through wired and/or wireless
connections. UPnP provides a distributed, open
networking architecture that leverages TransmissionControl Protocol (TCP/IP) and World Wide Web
(WWW) features to enable seamless proximity
networking in addition to control and data transfer
among networked devices in a home, office, or other
like environment(s). UPnP advantageously boasts
device-driver independent and zero-configuration
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networking.
[60.D] wherein
the wireless
communication
session isconducted in
accordance with
an Internet
protocol; and
Chen discloses an Internet Protocol (IP) network 216 which
uses wireless protocols such as Bluetooth, WiFi, or infrared.
For example, see EX1003 (Chen) at 4:65-67: The networkpreferably is an Internet Protocol (IP) network and may have
bandwidth of 10 Mbps or greater.
Chen also discloses using an Internet Protocol (IP) network.
See also id. at 4:55-58: The control device utilizes wireless
data communications and may employ Bluetooth, IEEE
802.11b, infrared protocols, or other wireless protocols, to
establish communication with the network access point.
[60.E] wherein the continuous media content is not presented on the
second computerized device set during presentation on the first
computerized device set, and the first user interface and the second userinterface together comprise a unified media selection and presentation
user interface, wherein the unified media selection and presentation user
interface presents user input controls for selection of the continuous
media content and for selection of either one of the first computerized
device set and the second computerized device set for presentation of the
continuous media content.
See
[1.F]
above.
[61] The method of
claim 60, wherein the
continuous mediacontent is selected based
on an input associated
with the second
computerized device set,
and wherein the
receiving resulted from a
selection of the first
computerized device set
as one of an alternative
to and a supplement topresentation on the
second device
computerized set, based
on the input associated
with the second
computerized device set.
Chen discloses a user interface that allows selection of
multimedia content including MPEG encoded video
data. Chen also discloses a user interface displayed oncontrol device 212 (such as a PDA), that allows for a
selection of video data for playback on a selected
video device 218 of multiple available video devices.
For example, see EX1003 (Chen) at 7:60-62: [A]
control device screen of multimedia data indicating
video data relevant to a particular search term. See
also id. at 8:3-10: The display of this multimedia data
conveys a summary or condensed representation
pertaining to the content of the video data forbrowsing and serves as a dynamic control pad for
initiating of video data playback. The consumer then
selects a particular video data (e.g., a television
program) of interest from this displayed list of
condensed representations pertaining to the content of
the video data. See also id. 3:36-38 - video data may
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be stored in a format such as MPEG-1, MPEG-2,
MPEG-4, or other formats and delivered across the
network at various bitrates. See also id.at FIG. 4;
4:47-53: The control device acts as a dynamic control
pad for initiating video playback of content specific
information and may be a suitably programmed
Personal Digital Assistant (PDA) device. Th