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`EXHIBIT K
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`EXHIBIT K
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`

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`Case 3:16-cv-02433 Document 1-11 Filed 05/04/16 Page 2 of 12
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`US007536704B2
`
`(12) United States Patent
`Pierre et al.
`
`(10) Patent N0.:
`(45) Date of Patent:
`
`US 7,536,704 B2
`May 19, 2009
`
`10/2000 Wiegel
`6,131,163 A
`10/2000 Lagoni et al.
`6,141,058 A
`1/2002 Bowman-Amuah
`6,339,832 B1
`5/2002 Willis et al.
`6,385,647 B1
`5/2002 Gerszberg et al.
`6,385,693 B1
`10/2002 Mao et al.
`6,459,427 B1
`11/2002 Eyal
`6,484,199 B2
`........... .. 379/88.01
`6,487,277 B2 * 11/2002 Beyda et al.
`.... .. 704/270
`..
`6,738,742 B2 *
`5/2004 Badt et al.
`. . . . .. 370/392
`7,164,678 B2*
`1/2007 Connor . . . . . . . . . .
`709/207
`8/2007 Grooters et al.
`7,260,610 B2 *
`725/51
`2002/0032907 A1*
`3/2002 Daniels ....... ..
`2006/0179415 A1*
`8/2006 Cadiz et al.
`............... .. 715/838
`
`
`
`.
`
`FOREIGN PATENT DOCUMENTS
`
`WO
`W0
`W0
`
`* 12/2001
`WO01/95694
`W0 200195694 A2 * 12/2001
`WO 00/64153
`10/2003
`
`OTHER PUBLICATIONS
`
`International Search Report, International Application No. PCT/US
`02/31505, International Filing Date Oct. 3, 2002.
`
`* cited by examiner
`
`Primary Examiner—Arman Q Shang
`(74) Attorney, Agent, or Firm—Rory D. Rankin; Meyertons
`Hood Kivlin Kowert & Goetzel, P.C.
`
`(57)
`
`ABSTRACT
`
`A method and apparatus providing display of content and
`automatic pause of the display. The method and apparatus
`exists in a client device and/or ahead-end or network operator.
`Event are assigned a relative priority based on event type,
`originator and the type of current display so that a variable
`response level ranging from a required viewer action to the
`viewer completely ignoring an event is provided.
`
`20 Claims, 4 Drawing Sheets
`
`(54) METHOD AND APPARATUS AUTOMATIC
`PAUSE AND RESUME OF PLAYBACK FORA
`POPUP ON INTERACTIVE TV
`
`(75)
`
`Inventors: Ludovic Pierre, San Francisco, CA
`(US); Janice Mead, Cupertino, CA (US)
`
`(73) Assignee: OpenTV, Inc., San Francisco, CA (US)
`
`( * ) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 1743 days.
`
`(21) Appl.No.: 09/972,821
`
`(22)
`
`Filed:
`
`Oct. 5, 2001
`
`(65)
`
`Prior Publication Data
`
`US 2003/0070182 A1
`
`Apr. 10, 2003
`
`(51)
`
`Int. Cl.
`(2006.01)
`H04N 5/455
`(52) U.S. Cl.
`......................... .. 725/58; 725/89; 725/100;
`725/134; 386/68; 455/404.1
`(58) Field of Classification Search ................. .. 725/58,
`725/89, 100, 134, 135, 142; 386/68—70;
`455/404.1, 466
`See application file for complete search history.
`
`(56)
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`340/7.39
`7/1997 Mitchell etal.
`5,650,776 A *
`....... .. 715/500.1
`5,692,213 A * 11/1997 Goldberget al.
`5,708,845 A
`1/1998 Wistendahl et al.
`5,870,562 A
`2/1999 Butrnan et al.
`5,898,838 A
`4/1999 Wagner
`6,002,393 A
`12/1999 Hite et al.
`6,128,653 A
`10/2000 del Val et al.
`
`%.
`
`Salelliie
`
`
`Satellite dish
`
`Saielli e dish
`
`Head End
`(Video, Audio,
`System
`Information)
`
`Set Top Box
`
`24
`
`

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`U.S. Patent
`
`May 19, 2009
`
`Sheet 1 of4
`
`US 7,536,704 B2
`
`SetTopBox
`
`
`
`24
`
`Figure1
`
`
`
`
`
`Satellitedlsh
`
`
`Satelliedish
`(Video,Audio, SystemInformation)
`
`HeadEnd
`
`
`Satellite
`
`

`
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`U.S. Patent
`
`May 19, 2009
`
`Sheet 2 of4
`
`US 7,536,704 B2
`
`50
`
`248
`
`254
`
`256
`
`241
`
`Terrestnal
`
`261
`
`O
`
`212
` Sateilite dish
`Stregerger
`Cable
`
`
`
`Optional E-commerce
`Engine
`
`‘
`
`’
`
`
`
`Ernasl Services
`
`Chat Sevices
`
`Messagings Manager
`
`Communication
`Link
`
`246
`
`Figure 2
`
`

`
`Case 3:16-cv-02433 Document 1-11 Filed 05/04/16 Page 5 of 12
`Case 3:16—cv—O2433 Document 1-11 Filed 05/04/16 Page 5 of 12
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`U.S. Patent
`
`May 19, 2009
`
`Sheet 3 of4
`
`US 7,536,704 B2
`
`Teie Esion
`
`23
`
`102
`
`Broadcast
`Feed
`
`30
`
`31-3
`
`110
`
`HDD
`(or
`
`06
`
`User
`
`
`
`External
`
`Inputs
`
`Service
`
`Gateway
`
`246
`
`108
`
`1 D4
`
`FEgure 3
`
`

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`Case 3:16-cv-02433 Document 1-11 Filed 05/04/16 Page 6 of 12
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`U.S. Patent
`
`May 19, 2009
`
`Sheet 4 of4
`
`US 7,536,704 B2
`
`112
`
`116
`
`
`
`User watching TV
`PDA, STB with
`
`
`RAM
`
`Storage
`
`114
`
`relative priority 118
`
`Event °°°urs
`with
`
`Priority &
`Preferences
`
`Resource
`
`
`
`Availability
`
`134
`
`
`
`
`Automatic
`
`
`
`pause &
`render the
`Audio,
`event
`
`Visual
`
`Other
`
`Outputs
`(e.g.
`tum °fi
`oven)
`
`Ignored:
`No
`immediate
`
`Non-
`
`obstrusive
`notification
`
`feedback
`
`122
`
`14
`
`125
`
`120
`
`28
`
`
`
`
`User response
`Button, Voice,
`Time Out
`
`
`
`
`
`(continue)
`
`Do nothing
`
`D°
`Something
`(continue)
`
`Go to new
`action
`(other
`buflon)
`
`130
`
`132
`
`Figure 4
`
`

`
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`US 7,536,704 B2
`
`1
`METHOD AND APPARATUS AUTOMATIC
`PAUSE AND RESUME OF PLAYBACK FORA
`POPUP ON INTERACTIVE TV
`
`CROSS REFERENCE TO RELATED
`APPLICATIONS
`
`This patent application is related to U.S. patent application
`Ser. No. 09/858,436 filed on May 16, 2001, entitled “A Ser-
`vice Gateway for Interactive Television” which is hereby
`incorporated by reference in its entirety.
`
`BACKGROUND OF THE INVENTION
`
`1. Field of the Invention
`
`The present invention relates generally to interactive tele-
`vision systems, and more particularly, to providing an auto-
`matic pause and possibly recording of broadcasts during ser-
`vicing of specified event types and resuming playback of the
`broadcast after acknowledging the event.
`2. Summary of the Related Art
`Interactive television systems are capable of displaying
`text and graphic images in addition to typical video program
`streams and provide a number of services and interactive
`applications to viewers. Generally, a broadcast service pro-
`vider generates an interactive television signal for transmis-
`sion to a viewer’s television. The interactive television signal
`includes an interactive portion consisting of application code
`or system information, as well as an audio-video portion
`consisting of a television program. The broadcast service
`provider combines the audio-video and interactive portions
`into a single signal for transmission to a receiver connected to
`the viewer’s television. The signal is generally compressed
`prior to transmission and transmitted through typical broad-
`cast channels, such as cable television (CATV) lines or direct
`satellite transmission systems.
`A set top box connected to the television controls the
`interactive functionality of the television. The set top box
`receives the signal transmitted by the broadcast service pro-
`vider, separates the interactive portion from the audio-video
`portion, and decompresses the respective portions of the sig-
`nal. The set top box uses the interactive information to
`execute an application while the audio-video information
`(after processing)
`is
`transmitted to the television,
`for
`example. The set top box may combine the audio-video infor-
`mation with interactive graphics or audio generated by the
`interactive application prior to transmitting the information to
`the television. The interactive graphics and audio may present
`additional
`information to the viewer or may prompt the
`viewer for input. The set top box may provide viewer input or
`other information to the broadcast service provider via a
`modem connection.
`
`The video, audio, and system information may be sent
`from a head end in various blocks of data via various transport
`mediums. For example, they may be sent from the head end
`via cable or satellite to the set top box. An example of the
`contents of such system information includes information
`regarding present or future events, services that the user ofthe
`set top box may access, and the current time and date.
`Examples of events include a television program (e.g., news,
`movie, sports), while an example of services includes a set of
`channels broadcast by the network (head end). Information
`on events is contained within an Event Information Table
`
`(EIT). This information is typically transferred from the head
`end to the set top box in EIT sections. These EIT tables are
`continuously re-broadcast by the head end due to the fact that
`the head end does not know when a set-top box is powered on.
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`2
`The interactive television environment is rich and diverse
`
`in content and sources of content. A variety of inputs are
`available from a variety of sources, including email, voice
`mail, alternative broadcasting and numerous other devices.
`Presently there is no known method of adequately servicing
`these inputs during live broadcast of a show or playback of a
`recorded show without either missing a portion of the show.
`For example, an important phone call may go unanswered
`while a viewer watches a three hour soccer match. Thus, there
`is a need for a method and apparatus that handles incoming
`events during live broadcasts on interactive television.
`The above is a brief description of some deficiencies in the
`prior art and advantages of the present invention. Other fea-
`tures, advantages, and embodiments of the invention will be
`apparent to those skilled in the art from the following descrip-
`tion, drawings, and claims.
`
`SUMMARY OF THE INVENTION
`
`The present invention relates primarily to the use of a set
`top box that automatically pauses a playback when a popup
`program is launched and resumes playback when the popup
`has exited. The present invention provides a method and
`apparatus for automatically pausing a video on demand pro-
`gram, or either a live or prerecorded broadcast of an interac-
`tive television program, or an application running on a set top
`box associated with the interactive television, to notify a
`viewer of an incoming event. The paused broadcast
`is
`recorded during the pause and is available for playback after
`the pause when the viewer returns from servicing or acknowl-
`edging the incoming message or event. Incoming events are
`assigned event identification codes and an associated priority.
`The present invention issues a non-obtrusive event notifica-
`tion during live programming for lesser priority events and
`interrupts playback for higher priority events. Playback of
`live broadcast is at variable speed so that slow motion, freeze
`frame and accelerated playback are available. Accelerated
`playback may be automatically engaged so that the playback
`eventually catches up to the live broadcast and recorded play-
`back is terminated.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`FIG. 1 is a diagram illustrating the distribution of interac-
`tive television applications, television programs, and system
`information from a source to a receiving station;
`FIG. 2 is a diagram of a Service Platform environment in
`which the present invention operates;
`FIG. 3 is a diagram illustrating the present invention within
`a set top box; and
`FIG. 4 is an illustration ofthe processing that takes place in
`a preferred embodiment of the present invention.
`Corresponding reference characters indicate correspond-
`ing parts throughout the several views of the drawings.
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`The following description is presented to enable one of
`ordinary skill in the art to make and use the present invention.
`Descriptions of specific embodiments and applications are
`provided only as examples and various modifications will be
`readily apparent to those skilled in the art. The general prin-
`ciples described herein may be applied to other embodiments
`and applications without departing from the scope of the
`invention. Thus, the present invention is not to be limited to
`the embodiments shown, but is to be accorded the widest
`scope consistent with the principles and features described
`
`

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`US 7,536,704 B2
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`3
`herein. For purpose of clarity, details relating to technical
`material that is known in the technical fields related to the
`invention have not been described in detail.
`
`4
`The converted content is formatted into a data carousel and
`
`multiplexed by the Open Streamer 256 for broadcast to the
`client 212. Client 212 interacts with the services and if nec-
`
`Turning now to FIG. 1, FIG. 1 is a diagram illustrating the
`distribution of interactive television applications, television
`programs (audio and video) and system information (e.g.,
`number of services, service names, event names, event sched-
`ules) from a source to a viewer. The system includes a head
`end 20, which may be coupled with a video and audio device
`(not shown) that feeds a particular video with associated
`audio to the head end. The audio-video-interactive signal
`contains television programs or similar audio-video content,
`as well as interactive content such as control signals, system
`information, and interactive applications. The video informa-
`tion may be digitized at the head end 20 and transmitted via a
`transmitter to a receiving system 24. The information trans-
`mitted by the head end 20 may be transmitted to the receiving
`system 24 in various ways. For example, the transmitted
`information may be sent to the receiving system 24 via a
`broadcast signal such as a satellite transmission. The receiv-
`ing station 24 may also be configured to receive signals via a
`modem channel, cable or terrestrial air waves. The receiving
`system 24 may include, for example, a television 26 con-
`nected to a set top box 28. If satellite transmission is used, the
`set top box 28 may include a receiving antenna 30 for receiv-
`ing information from a satellite 32. The receiving station
`antenna 30 passes the interactive television signal to the set
`top box 28, which performs the processing functions of the
`receiving station 24. Once information is received through the
`receiving antenna 30, it may be processed by the set top box
`28 and displayed on the television set 26. In this manner,
`audio, video, and interactive data may be received and pro-
`cessed by the set top box 28. The signals transmitted via the
`broadcast or modem charmels may embody various modules
`which comprise components of an interactive application.
`The modules may contain any type of data, such as applica-
`tion code, raw data, or graphical information.
`System information provided to the set top box 28 also
`includes a list of services (e.g., CNN, MTV, ESPN) available
`to a viewer, event names (e.g., Dateline, Star Trek), and a
`schedule of the events (start time/date and duration). The
`service gateway 246 provides a communication link between
`the STB and service platform 50 as shown in FIG. 2.
`Turning now to FIG. 2, the Service Platform (SP) in which
`the present invention resides is presented. The present inven-
`tion may alternatively reside in the STB. The SP 50 enables
`services 200 to interact with a client 212. The services 200
`
`communicate through a communication link 265 to the SP 50.
`The SP 50 in turn communicates with a client 212. The client
`
`212 may be a STB, a digital assistant, a cellular phone, or any
`other communication device capable of communicating with
`the SP through communication link 210.
`FIG. 2 illustrates an example ofa preferred implementation
`of Service Platform 50. Services 200 provide shopping, chat,
`and other services either over the Internet or over another
`network or communication charmel accessible to the network
`
`operator. Using the SP, the network operator accesses those
`services. Business functions 206, comprising service man-
`ager 238, interact with carousel manager 254 to retrieve con-
`tent from a service 200. The carousel comprises a repeating
`stream of audio/video/interactive data broadcast to clients
`
`from the SP 50. Carousel manager 254, transaction manager
`242 and service manager 238 control the content insertion
`and deletion from the broadcast carousel. Service content is
`
`retrieved and converted into a SP suitable format by H20 248.
`H20 248 is a possible implementation of content conversion.
`H20 converts HTML content into SP/client readable content.
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`essary communicates with the SP and the services 200. PTP
`communication goes through SGW 246. SGW 246 performs
`transport conversion to convert the STB DATP protocol into
`a standard communication protocol which the Platform Busi-
`ness Agents 226 and H20 248 understand. Client 212 and
`Service 200 interact via Point-to-Point link 210. The service
`
`200 comprises shopping, audio/video, gaming, voting, adver-
`tisement, messaging, or any other service. Interactive appli-
`cations are also transmitted from the SP to the STB. User
`
`interactive inputs, to interactive programs running on the SP,
`are transmitted via communication link 210.
`
`Viewer Manager 240 stores client/user information and
`viewer interruption scenarios (pause and playback) in User
`Data 220. Platform Business Agents 226 control the flow of
`viewer information to the Service 200. Transaction Manager
`242 records transactional information exchangedbetween the
`service 200 and Client 212. Based on the Business Rules 222
`
`and the User Data 220, Advertising Manager 244 determines
`which advertisements and which type of advertisements will
`be presented to the client via Broadcast 234 link 241 and
`Point-to-Point 232 link 210. The Service Platform Transac-
`
`tion Manager records all transactions, including interruption,
`pause and playback scenarios in the Transaction and sub-
`scriber profiles in Viewer Profile 162 and Viewer Category
`160 (viewer buying and viewing habits). The SP gathers the
`viewer habits, for example, interruption scenarios or how a
`viewer reacts to an interruption, for statistical purposes and
`stores them in the User Data 220. The SP enables the broad-
`
`caster to determine interruption policies depending on the
`users interruption scenarios and the program being broadcast
`or replayed. The STB sends a message to the SP indicating
`that a particular program is being replayed to invoke the same
`rules of interruption that were in effect when the program was
`originally broadcast. An email alert or other message or trig-
`ger is sent from the STB to the SP through the SGW, for
`example, upon pause of the playback, to retrieve the body of
`the email and then pause the playback to the user at the STB.
`For example, after a stock broker alert, a decision to buy/sell
`results in a connection ofthe STB to the SP through the SGW
`246 to executer the order.
`
`Turning now to FIG. 3, a broadcast feed 30 provides live
`programming, prerecorded events and head-end generated or
`inserted special event notifications to the set top box 28. The
`Service Gateway, discussed above provides additional inputs
`to the STB.A hard disk storage device 102 is connected to the
`set top box to store data acquired from incoming broadcast
`feed 30 for playback. A user 104 viewing or listening to the
`television 26 can communicate with the set top box 28 via
`viewer interface 106. Viewer interface 106 is preferably a
`wireless remote control with suitable viewer response but-
`tons, suitable for making an appropriate response to an event
`notification, as discussed below.
`External inputs 108 communicate with the set top box via
`external input interface 110. External inputs 108 comprise
`programmable signals from devices or other viewers, other
`than the local viewer, user 104. These external inputs com-
`prise signals from such household devices as phone, oven
`timers, baby monitors, doorbells, burglar alarms, appliances
`or other computers connected via networks or carriers or
`additional head end feeds. The present invention resides in the
`set top box or other user device where it receives and pro-
`cesses the programming and applications from the broadcast
`feed 30, user input via viewer interface 106 from viewer/user
`104 and external inputs 108 via interface 110.
`
`

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`US 7,536,704 B2
`
`5
`The pause command from the user STB also pauses an
`interactive running on SP or STB. Pausing an interactive
`application comprises sending a message or signal to the
`application to tell the application to pause and then sending
`and then sending another message or signal telling the appli-
`cation to resume. As shown in FIG. 4, the incoming event
`launches a popup application and is processed according to
`the present invention. The present invention processes incom-
`ing events preferably with a user watching 112 an interactive
`audio and/or video data stream at a television (TV) with a set
`top box having a processor and data storage 275 or at a
`personal data assistant (PDA) having a processor and data
`storage. The user device in which the present invention oper-
`ates and resides can also be a cell phone or other electronic
`device. The present invention may also run as a head-end
`application. During a playback or broadcast of a program,
`whether or not the viewer is watching, the present invention
`sends an event notification to the user device, preferably a
`STB with which the viewer is associated.
`The event notification includes an event identification code
`
`defining the type of event and a relative priority. The event can
`be an incoming email, a reminder for an upcoming show on
`TV, a phone call, or an appliance timer such as an oven timer.
`The priority can be assigned by the user or the head end
`operator or the entity originating the event. In a preferred
`embodiment, the incoming event is identified as to type, for
`example, email, phone call, reminder, etc. and assigned a
`priority based on the event type, the current viewing activity
`and the user’s preferences regarding incoming messages and
`viewing rules. A viewer may decide to hold all calls during
`viewing of Seinfeld reruns. Thus, incoming events, that is,
`phone calls, emails, reminders, etc. are handled differently
`depending on who is calling and the assignment of priority to
`a call from that particular caller. Different callers may be
`assigned different priorities and handled differently depend-
`ing on what program or application with which the viewer is
`currently engaged or is on the screen when the view is not
`watching.
`For example, event priority is compared to a table ofviewer
`priority and preferences 116 to determine what actions are
`appropriate for the event. The viewer priority and preference
`table 116 comprises event types, event originators, viewer
`interruption rules
`and relative priorities. Appropriate
`responses to incoming events are determined by looking at
`the event type (email, phone call, etc.) and event source
`(stockbroker, friend, boss, mom) to determine a relative pri-
`ority or by looking for an event type and priority previously
`programmed and stored in a priority table. The priority
`assignment decision further comprises consideration of inter-
`ruption rules. Interruption rules determine whether the cur-
`rent message type and originator warrant interruption of the
`current program. In an alternative embodiment, the present
`invention further comprises a neural network. Appropriate
`responses to incoming events can be learned by a trained
`neural network provided by the present
`invention and
`executed by the present invention depending on what pro-
`gramming is currently being displayed at the STB, PDA or
`other user device. For, example, an incoming phone call from
`an unidentified number may be ignored, while a call from the
`viewer’s mother causes a notification to be sent to the viewer
`
`and may even pause viewing or application running on the
`TV, to answer the call, depending on what the viewer is
`watching. Viewer preferences dictate interruption rules as to
`which phone numbers and email originators generate a notice
`only, which phone calls and emails interrupt viewing and
`under what circumstances. For example, a viewer may want
`to answer a call from his girlfriend unless he is watching
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`soccer. In this case, the call wouldbe unobtrusively noticed or
`ignored without a pause during a soccer match but would
`pause viewing otherwise.
`Processing in the present invention proceeds depending on
`the event priority. Based on the event priority, a preferred
`embodiment of the present invention will issue one of four
`categories of event notification, as shown in FIG. 4. For an
`event originated from an external input 108, for example, the
`expiration of an oven timer, the user 104 will be presented
`with an appropriate response scenario based on the viewer
`preferences and interruption rules.
`Of primary interest is the automatic pause scenario of
`block 120. Pausing is the primary processing path, that is, that
`path which impacts the viewer the most. This first category of
`notification is illustrated as block 120 in FIG. 4. When an
`
`event with a high relative priority occurs, the present inven-
`tion, based on a balance between the nature of the event and
`the user’s preferences or interests in the incoming event, the
`present invention will automatically pause the current broad-
`cast and render the event to the viewer 120. The viewer
`
`responds to the event via a voice or digital command from a
`remote control, or by simply walking out of, or back into the
`room and being sensed by a motion sensor or carnera/image
`recognition system provided by the present invention. Motion
`sensors (not shown) and cameras are well known in the art and
`are provided in an alternative embodiment of the present
`invention as an option in the STB.
`For example, given a very high event priority, the present
`invention will automatically pause the live broadcast when an
`oven timer times out, so that the viewer can run to the oven,
`take the roast out and then resume viewing the recorded
`portion of the live broadcast in time-shifted mode upon
`returning without missing anything. That is, the recorded
`portion of the live program, recorded during the pause, is
`played back after the automatic pause to enable the viewer
`time to respond to the oven time out and resume viewing
`without missing any part of his program. The recorded pro-
`gram segment that was recorded during the pause, is played
`back when the viewer returns from the oven and clicks in a
`resume command with the STB to indicate he or she is now
`
`ready to begin watching the rest of the program, at the point
`where the program was paused. In an alternative embodi-
`ment, the viewer’ s departure and return are also detected with
`a motion detector, an infrared scanner or with a camera and
`associated video image recognition system. When the viewer
`leaves and reenters the room, playback resumes.
`As shown in block 122, 124 and 126 the present invention
`issues less invasive, non-obtrusive notifications for events
`having a lesser priority than the primary events processed by
`block 120. Block 126 issues a non-obtrusive event notifica-
`
`tion that may be audio or visual or both. In any case, the
`non-obtrusive event notification is superimposed over the
`uninterrupted current program, be it a prerecorded or live
`broadcast or an application. It is at the viewer’s discretion as
`to what further action, if any, is taken once the program is
`paused. The non-obtrusive event notification can simply be
`ignored by the viewer and will time out and expire, unless its
`event relative priority is high enough to warrant retrying with
`additional emphasis. Events that are ignored with a medium-
`low priority expire. Initially ignored events, with a medium-
`high priority are first intensified before expiring. Typical
`visual notification are graphical popups that are surimposed
`on the video program and/or interactive content of the pro-
`gram. Visual or aural intensification is accomplished in a
`preferred embodiment by adding audio to a visual notifica-
`tion; adding visual notice to an audio notification; enlarging,
`brightening, reversing color, or flashing a visual notification;
`
`

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`Case 3:16-cv-02433 Document 1-11 Filed 05/04/16 Page 10 of 12
`Case 3:16—cv—O2433 Document 1-11 Filed 05/04/16 Page 10 of 12
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`US 7,536,704 B2
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`7
`or increasing volume for an audio notification, until the event
`is acknowledged or times out. Timed-out events either expire
`or are placed in a pending queue by placing the timed-out
`event in a retry queue, depending on priority. An event having
`a medium-high priority is placed in the retry queue while a
`lower priority event expires and is not placed in the retry
`queue.
`
`In a preferred embodiment, the stored program and sub se-
`quent time delayed broadcast can be replayed at an acceler-
`ated pace to catch up to view live broadcast and eliminate any
`time delay between the viewer and the live broadcast. For
`example, if a viewer is watching world cup soccer and has to
`take a five-minute break to service an oven timer timeout
`
`notification, the viewer may resume watching the soccer
`game when he returns. By selecting accelerated playback,
`that portion of the live broadcast that occurred during the
`viewer’s absence is played back at an accelerated pace to
`make up the five-minute lag between the viewer and the live
`broadcast. Thus, the five-minute segment of recorded live
`broadcast can be played back in, for example, two and one-
`halfminutes. That portion ofthe live or prerecorded broadcast
`that occurs during the accelerated playback is also stored for
`accelerated playback until the accelerated playback catches
`up to the live broadcast.
`In an alternative embodiment, the present invention calcu-
`lates the optimal acceleration rate by sensing the duration of
`the pause, the remaining duration of the program and calcu-
`lating an optimal acceleration rate. The duration of the pro-
`gram is determined from the start time and duration informa-
`tion retrieved from the System Information. The elapsed time
`is the difference between the start time and the current time.
`
`The remaining duration is calculated by subtracting the
`elapsed time from the total program duration. To determine
`the optimal amount of acceleration required to catch up to live
`broadcast, the present invention assumes a default maximum
`acceleration value of 100%. This maximum acceleration
`
`value is programmable and can be adjusted by the viewer.
`Applying this value, after a five-minute pause, if there are
`more two and one-half minutes to five minutes remaining in
`the program, the present invention would apply the maximum
`playback acceleration rate to catch up to live programming in
`two and one-half minutes. Accelerated playback enables
`catching up playback to a live or real-time broadcast which
`accomplishes at least two objectives: (1) it enables the viewer
`to see the live ending of a live program without delay (for
`example the last five minutes ofthe super bowl football game)
`and (2) it enables a prerecorded program to end on time so that
`it does not overlap a subsequent program. The playback auto-
`matically accelerates unless deselected by the viewer. If there
`are more than ten minutes remaining the program a slower
`acceleration rate of 50% is applied. If there are more than
`thirty minutes remaining in the program, a still slower accel-
`eration rate of 25% is used. Different playback acceleration
`rates can be applied to different types of programming. For
`example, faster rates for live programming, where catching
`up quickly to see live action is imperative, and slower rates for
`prerecorded programming where the program just needs to
`end on time.
`
`As shown in block 128, the user response to a Non-obtru-
`sive Notification 126 is preferably generated from a viewer’ s
`remote control button, from a voice command, or from a time
`
`10
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`15
`
`20
`
`25
`
`30
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`35
`
`40
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`45
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`50
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`55
`
`60
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`65
`
`8
`out parameter. When a time out occurs, the event notification
`terminates, placed in a pending status and the present inven-
`tion may retry the notification later. The remaining duration
`ofthe broadcast determines how often and at what time retries
`
`will be attempted. If five minutes are left, a single retry will
`occur at the three minutes remaining mark. If thirty minutes
`are left in the program, three retries, one every five minutes
`will be attempted. The amount of retries and time or retry
`attempts is programmable and depends on message type,
`priority and interruption rules. After the user response the
`present invention proceeds to either block 130 Do Nothing,
`block 132 Do Something or block 134 Go to New Action.
`In block 130 Do Nothing, the viewer does not respond, the
`event is simply placed in a pending queue and no further
`action is taken until timeouts occur and pended events are
`reevaluated to retry or expire. The viewer does nothing and
`programming continues uninterrupted. Certa