throbber
I, Kevin Jeffay, do hereby declare and state as follows:
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`1.
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`I have been retained by Sony Corporation in connection with its petition for
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`inter partes review of U.S. Patent No. 9,521,466 (“the ’466 patent”).
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`2.
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`I am a tenured professor in the Department of Computer Science at the
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`University of North Carolina at Chapel Hill (UNC) where I currently hold the
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`position of Gillian T. Cell Distinguished Professor of Computer Science. I also
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`currently serve as the Chairman of the Department.
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`3.
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`I have a Ph.D. in computer science from the University of Washington, a
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`M.Sc. degree in computer science from the University of Toronto, and a B.S.
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`degree with Highest Distinction in mathematics from the University of Illinois at
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`Urbana-Champaign.
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`4.
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`I have been involved in the research and development of computing systems
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`for over 30 years. I have been a faculty member at the University of North
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`Carolina (UNC) since 1989 where I perform research and I teach in the areas of
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`computer networks, multimedia networking, real-time systems, operating systems,
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`and network performance evaluation, among others. A major theme of my research
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`has been the development of technology to improve the performance of data
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`transfers on the Internet. My research has examined problems ranging from
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`network support for real-time multimedia applications such as audio and video
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`streaming, voice-over-Internet protocol (VoIP) and Internet videoconferencing, to
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`SONY - Ex.-1013
`Sony Corporation - Petitioner
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`measurements and analysis of network traffic to passively assess the performance
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`of servers on the Internet. In addition, I have also explored problems in the design
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`and implementation of operating systems.
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`5.
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`Much of my research has been performed jointly with industry. For example,
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`in the early 1990s, my research considered problems of real-time transmission of
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`audio and video streams over packet-switched networks such as the Internet. Much
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`of this work was performed jointly with Intel and IBM and led to demonstrations
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`of some of the first videoconferencing systems for the Internet. I also collaborated
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`with researchers from AT&T Bell Laboratories and later with Lucent Technologies
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`Bell Laboratories on problems related to delivering video services over both the
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`public telephone network as well as the Internet. Several papers written by my
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`research group at UNC describing the results of these projects received awards for
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`their research contributions at major international conferences and symposia.
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`6.
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`In the late 1990s and 2000s, my research evolved to consider router-based
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`mechanisms for controlling the performance of network traffic. This work involved
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`algorithms and mechanisms for quality-of-service (QoS) queuing and scheduling in
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`network routers. In much of this research, my students and I built and instrumented
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`network routers and performed large scale experiments with this equipment. Based
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`on these experiments, in 2003, my group at UNC won the most prestigious
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`research award for original research in computer networking.
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`7.
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`I have authored or co-authored over 100 articles in peer-reviewed journals,
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`conference proceedings, texts, and monographs in the aforementioned areas of
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`computer science and others. I have previously served as the Associate Editor for
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`the journal Real-Time Systems and as the Editor-in-Chief for the journal
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`Multimedia Systems. In addition, I have edited and co-edited numerous published
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`proceedings of technical conferences and have edited a book of readings in
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`multimedia computing and networking (with Hong-Jiang Zhang) published by
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`Morgan Kaufman. I am a co-author (with Long Le and F. Donelson Smith) of a
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`monograph related to computer network protocols, and a co-author (with Jay Aikat
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`and F. Donelson Smith) of a second monograph related to experimental computer
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`networking.
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`8.
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`I have served on numerous proposal review panels for the National Science
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`Foundation and other international funding agencies in the aforementioned areas of
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`computer science. I have served as a program chair or member of the technical
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`program committee for over 100 professional, international, and technical
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`conferences, workshops, and symposia.
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`9.
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`I am a named inventor on three U.S. Patents and have applications for two
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`additional patents pending. These patents are generally related to computer
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`networking and the delivery of services over networks.
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`10.
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`I have served as an expert witness and technical consultant in litigation
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`matters concerning computer networks, content delivery networks, video-on-
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`demand systems, multimedia networking, internet protocol television (IPTV),
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`cellular and wireline telephony, mobile computing, and operating systems, and
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`among others. I have testified in several trials, arbitrations, and claim construction
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`hearings as an expert witness.
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`11.
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`I attach as Exhibit A my curriculum vitae, which includes a more detailed
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`list of my qualifications, as well as a list of my publications and recent testimony.
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`12.
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`I have reviewed the ’466 patent, its prosecution history, U.S. Patent
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`Application Serial No. 14/507,329 (the “’329 application”), U.S. Patent
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`Application Serial No. 13/591,015 (the “’015 application”),U.S. Patent Application
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`Serial No. 11/200,754 (the “’754 application”), U.S. Provisional Patent
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`Application Nos. 60/600,473 (the “’473 provisional”) and 60/662,844 (the “’844
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`provisional”), U.S. Patent No. 8,464,299 (“Meier ’299”), and U.S. Provisional
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`Patent Application Nos. 60/628,577 (the “Meier ’577 provisional”) and 60/628,625
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`(the “Meier ’625 provisional”).
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`The ’466 Patent
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`13.
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`The ’466 patent describes communication systems and methods for
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`providing and receiving “programs,” that, generally speaking, are media streams.
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`’466 patent, 1:20-24, 3:2-5.
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`14.
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`The specification of the ’466 patent discloses a user device that includes a
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`transceiver unit connected to a controller that is adapted to (i) receive a “program
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`multiplex,” (ii) receive an indication that at least one program is to be removed
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`from the multiplex; and (iii) selectively transmit a program removal response. ’466
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`patent, 1:66 – 2:4. Also disclosed is a device to provide a program multiplex. The
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`device includes, among other things, a management unit adapted to consider a
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`removal of at least one program from the multiplex in response to program viewing
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`parameters, and determine the removal in response to at least one received user
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`program removal response. ’466 patent, 2:5-12. The specification of the ’466
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`patent further discloses a corresponding method for receiving programs that
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`includes (i) receiving a “program multiplex,” and a program removal indication;
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`and (ii) selectively transmitting a program removal response. ’466 patent, 2:13-16.
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`Also disclosed is a method for providing programs including the steps of (i)
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`providing a program multiplex to multiple user devices; (ii) considering a removal
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`of at least one program from the multiplex in response to program viewing
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`parameters; (iii) allowing at least one user to respond to a possible removal of the
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`at least one program; and (iv) determining whether to remove the at least one
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`program in response to received user removal responses. ’466 patent, 2:17-24.
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`15.
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`The claims of the ’466 patent are directed to a method and apparatus for
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`conserving “resources” associated with a packet television service comprising,
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`determining if a resource conserving process should be activated and initiating an
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`action to conserve resources comprising sending instructions to the content
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`provider to halt the delivery of a video portion of the television content. ’466
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`patent, 11:30-55, 12:39-65.
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`16. Notably, regarding the “conservation of resources,” the specification of the
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`’466 patent discloses only the removal of a program from a program multiplex. A
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`person of ordinary skill in the art at the time of the filing of the application for the
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`’466 patent would understand that a “program” constituted both audio and video
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`data (see, e.g., ’466 patent, 1:27-28, equating “television channels” and
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`“programs”). In contrast, the claims of the ’466 patent recite halting delivery of
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`only a video portion of television content. Such a removal or halting of delivery is
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`not described in the specification of the ’466 patent.
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`The ’015 and ’754 Applications and the ’473 and ’844 Provisionals
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`17.
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`The ’015 and ’754 applications describe methods and devices for providing
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`and receiving “programs” and “media streams.” A management unit is adapted to
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`consider a removal of “at least one program from [a] multiplex” and to determine
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`whether “to remove the program in response to at least one user program removal
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`response or in response to an absence of such response.” ’015 provisional, ¶
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`[00027]; ’754 provisional, ¶ [00027]. There is no discussion in the ’015 application
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`or the ’754 application of sending instructions to a content provider to halt delivery
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`of a video portion of television content. There is also no discussion in the ’015
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`application or the ’754 application of halting delivery of the video portion of
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`television content, after sending the instructions to halt delivery of the video
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`portion, while continuing to deliver other portion(s) of that television content.
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`18. Additionally, the ’015 and ’754 applications mention MPEG and MPEG-2
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`compliant “programs” and the removal of such programs from a “multiplex.” ’015
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`application, ¶¶ [00026], [00027]; ’074 application, ¶¶ [00026], [00027]. A person
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`of ordinary skill in the art at the time of the filing of the ’015 and ’754 applications
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`would understand that MPEG and MPEG-2 files or transport streams contain
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`video, audio, and other information, such that removal of an MPEG or MPEG-2
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`“program” from a multiplex entails removal of the entire program, including the
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`video, audio, and other information. The ’015 and ’754 applications do not
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`describe sending instructions to remove just a video portion from an MPEG or
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`MPEG-2 program and continuing to deliver other portion(s) of that MPEG or
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`MPEG-2 program from which a video portion is removed, after sending
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`instructions to halt delivery of the video portion. Further, the ’015 and ’754
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`applications do not describe removal of a video portion from an MPEG or MPEG-
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`2 program but continuing to deliver other portion(s) of that MPEG or MPEG-2
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`program from which a video portion was removed.
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`19.
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`The ’466 patent also references the ’473 and ’844 provisional applications.
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`The ’473 and ’844 provisionals describe a switched broadcast system that “offers
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`broadcast programs on demand only.” ’473 provisional, ¶ [0001]; ’844 provisional,
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`¶ [0001]. According to the ’473 and ’844 provisionals, “the system can decide that
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`it is highly likely that a program being broadcast is actually not viewed by anyone”
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`and that “[i]t can remove this program and free bandwidth for other programs.”
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`’473 provisional, ¶ [0005]; ’844 provisional, ¶ [0005] (emphasis added). The ’473
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`and ’844 provisionals also mention that “the program will be removed” if no
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`viewer responds within a certain period to a warning prior to the removal of the
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`program. ’473 provisional, ¶ [0005]; ’844 provisional, ¶ [0005]. There is no
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`discussion in the ’473 provisional or the ’844 provisional of sending instructions to
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`halt delivery of only a video portion of a program and to continue delivery of other
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`portion(s) of that program from which a video portion is removed. There is also no
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`discussion in the ’473 provisional or the ’844 provisional of halting delivery of a
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`video portion of a program but continuing to deliver other portion(s) of that
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`program from which a video portion was removed, after sending instructions to
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`halt delivery of the video portion.1
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`1 In contrast, and as described in more detail below, Meier ’299, and the Meier
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`’577 and ’625 provisionals describe sending instructions to the content provider to
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`20.
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`The ’466 patent distinguishes between halting delivery of the video portion
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`of the television content and stopping delivery of the television content. For
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`example, claim 1 describes that “initiating the action to conserve resources
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`halt delivery of a video portion of the television content and that the television
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`content delivered after sending the instructions does not comprise the video
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`portion. See, e.g., Meier ’299, 6:12-16 (“[S]ince most of the bandwidth associated
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`with the television content is allocated to the video content, the television gateway
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`16 could instruct the content server 12 to continue delivery of the audio content
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`and halt the video content.”); Meier ’577 provisional, p. 7 (“NMG sends message
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`to network to stop transmission of network picture and sound”), 9 (“Since most of
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`the bandwidth is in the picture information, the NMG could optionally continue to
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`receive the sound information from the network”; “A message would be flashed on
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`the screen prior to bandwidth saver activation to warn of the coming picture
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`shutdown”); Meier ’625 provisional, p. 3 (“If the current is lower than a particular
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`threshold, the NMG sends a message to the network to stop sending the picture and
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`sound information for that TV”), p. 10 (“Since most of the bandwidth is in the
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`picture information, the NMG could optionally continue to receive the sound
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`information from the network”; “A message would be flashed on the screen prior
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`to bandwidth saver activation to warn of the coming picture shutdown”).
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`comprises sending instructions to the content provider to halt delivery of a video
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`portion of the television content” and that “the television content delivered after
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`sending the instructions does not comprise the video portion,” whereas claim 9
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`describes that “initiating the action to conserve resources comprises sending
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`instructions to the content provider to stop delivery of the television content” and
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`that “delivery of the television content is stopped.” (Emphasis added). There is no
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`disclosure in the ’015 and ’754 applications or the ’473 and ’844 provisionals for
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`sending two different instructions to a content provider: one to halt delivery of a
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`video portion of television content, the other to stop delivery of television content.
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`Similarly, there is no disclosure in the ’015 and ’754 applications or the ’473 and
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`’844 provisionals of halting delivery of a video portion of television content, on the
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`one hand, and stopping delivery of television content, on the other hand.
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`Meier ’299 and the Meier ’577 and ’625 Provisionals
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`21.
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`In contrast, to the ’015 and ’754 applications and the ’473 and ’844
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`provisionals, Meier ’299 and the Meier ’577 and ’625 provisionals describe
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`methods and systems in which instructions are sent to a content provider to halt
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`delivery of a video portion of television content and in which television content
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`delivered after sending instruction to halt the video portion of the television
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`content does not include the video portion.
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`22.
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`For example, Meier ’299 describes:
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`A method for conserving resources associated with packet
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`television services comprising:
`receiving television content from a content provider over a
`packet network;
`providing the television content to a television monitor for
`display to a viewer;
`determining if a resource conserving process should be
`activated, wherein
`the resource conserving process
`determines if an action to conserve resources associated
`with transporting the television content over the packet
`network should be performed;
`if the resource conserving process should be activated:
`determining whether
`the viewer
`is watching
`television monitor; and
`initiating the action to conserve resources associated with
`transporting the television content over the packet
`network upon determining that the viewer is not
`watching the television monitor;
`if the resource conserving process should not be activated:
`continue providing the television content.
`Meier ’299, 8:11-30.
`
`the
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`23. Meier ’299 also describes that “initiating the action to conserve resources
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`comprises sending instructions to the content provider to halt delivery of a video
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`portion of the television content, wherein the television content delivered after
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`sending the instructions does not comprise the video portion.” Meier ’299, 9:16-20.
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`24. Meier ’299 describes that the method includes “monitoring viewing indicia
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`bearing on the television monitor being watched and applying the viewing indicia
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`to resource saving criteria to determine whether the viewer is watching the
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`television monitor.” Meier ’299, 8:31-35.
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`25. Meier ’299 describes that the method includes “receiving viewer input and
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`wherein the viewing indicia comprise viewer input.” Meier ’299, 8:36-38.
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`26. Meier ’299 describes that the method includes:
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`monitoring the viewer input over time;
`determining viewer behavior based on the viewer input over time; and
`generating the resource saving criteria based on the viewer behavior,
`wherein the viewer input over time is used to learn the viewer
`behavior from which the resource saving criteria is generated.
`Meier ’299, 8:39-46.
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`27. Meier ’299 describes that “the resource saving criteria is based at least in
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`part on preferences defined by the viewer.” Meier ’299, 8:47-49.
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`28. Meier ’299 describes that “the viewing indicia bears on whether the
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`television monitor is on or off.” Meier ’299, 8:50-51. Meier ’299 further describes
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`that “[v]iewing indicia relating to the television state may relate to whether the
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`television monitor 14 is on or off,” and in Figure 2A, Meier ’299 refers to the
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`“television state.” A television monitor, such as the television monitor2 14
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`described in Meier ’299, is a user device (see, e.g., U.S. Patent Application
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`Publication No. 2002/0059603, ¶[0007] (“The present invention provides a system
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`for generating an interactive navigation interface for display at an end user device
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`such as a television monitor.”). (Emphasis added.) And, an on or off state of a
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`television monitor is a status of the television monitor (see, e.g., U.S. Patent
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`Application Publication No. 2003/0083938, ¶[0016], (“Messages indicating the
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`power on and power off status of a television set may be used to identify browse
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`periods and data regarding duration of view for each channel displayed may be
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`evaluated as session data.”). (Emphasis added.) Therefore, Meier ’299’s disclosure
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`that “the viewing indicia bears on whether the television monitor is on or off”
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`constitutes disclosure that “the viewing indicia bears on a status of a user device.”
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`U.S. Patent Application Publication No. 2002/0059603, ¶[0028].
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`29.
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`Further, it was well-known at the time of the filing of the application for the
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`’466 patent to implement resource conserving processes based on the status of a
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`2 According to Meier ’299, the “term television monitor includes but is not limited
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`to a television, a video processor with separate display panel, a video projector, or
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`a portable or handheld device that is able to display a video stream,” all of which
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`are user devices. Meier ’299, 1:64-67.
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`user device. For example, U.S. Patent No. 6,259,486 (“Mahvi”) discloses “a
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`viewer-presence sensor unit for controlling operation of a television set” and that
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`“[t]he sensor unit … includes a detector for sensing presence of a living being
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`within a viewable distance of the television set and a timer for measuring the
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`amount of time of non-presence of a living being within that viewable distance.”
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`Mahvi, 2:6-11
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`30. Additionally, PCT Publication No. WO03/025726 (“Sparrell”) describes a
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`centralized resource manager that exercises master control over network resources
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`by reserving network resources to fulfill a user request. Sparrell, 9:12-19.
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`According to Sparrell, “[o]nce the reserved network resources have been used to
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`fulfill the user or agent process request, the centralized resource manager frees
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`these network resources, changing their status from ‘reserved’ to ‘available.’”
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`Sparrell, 9:19-23.
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`31. Moreover, U.S. Patent No. 8,249,114 (“Vasudevan”) describes a method 300
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`for providing programs, which includes “evaluat[ing] the status (active, idle) of a
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`user device.” Vasudevan, 9:45-48.
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`32. Meier ’299 discloses that “determining whether the viewer is watching the
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`television monitor comprises determining whether the television is on or off, and
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`initiating the action to conserve resources after detecting that the television monitor
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`is off.” As mentioned above, Meier ’299 further describes that “[v]iewing indicia
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`relating to the television state may relate to whether the television monitor 14 is on
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`or off,” and in Figure 2A, Meier ’299 refers to the “television state.” A television
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`monitor, such as the television monitor 14 described in Meier ’299, is a user
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`device, and an on or off state of a television monitor is a status of the television
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`monitor. And, when a television monitor is in an off state, it is in an idle status.
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`Therefore, Meier ’299’s disclosure of “determining whether the viewer is watching
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`the television monitor comprises determining whether the television is on or off,
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`and initiating the action to conserve resources after detecting that the television
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`monitor is off” constitutes disclosure of “determining whether the viewer is
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`watching the television monitor comprises determining a status of a user device,
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`and initiating the action to conserve resources after detecting that the status of the
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`user device is idle.”
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`33.
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`Further, it was well-known at the time the application for the ’466 patent
`
`was filed to determine a status of a user device and to initiate resource conserving
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`processes when a user device is idle.
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`34.
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`For example, Mahvi discloses “a viewer-presence sensor unit for controlling
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`operation of a television set” and that “[t]he sensor unit … includes a detector for
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`sensing presence of a living being within a viewable distance of the television set
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`and a timer for measuring the amount of time of non-presence of a living being
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`within that viewable distance.” Mahvi also discloses that “television sets not in use
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`are automatically turned off to thereby conserve resources otherwise expended as a
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`result of non-viewed operating sets.” Mahvi, 2:20-23.
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`35. Additionally, Sparrell describes a centralized resource manager that
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`exercises master control over network resources by reserving network resources to
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`fulfill a user request. Sparrell, 9:12-19. According to Sparrell, “[o]nce the reserved
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`network resources have been used to fulfill the user or agent process request, the
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`centralized resource manager frees these network resources, changing their status
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`from ‘reserved’ to ‘available.’” Sparrell, 9:19-23. Sparrell also describes an IR
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`sensing system that “is operative to detect and process signals from a typical IR
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`remote control device, and thereby determine the on/off state of the corresponding
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`video device.” Sparrell, 6:13-16. According
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`to Sparrell, an IR channel
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`(detector/receiver) is monitored, and “if there has been no IR activity for several
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`hours, there is a high probability that nobody is watching the television.” Sparrell,
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`25:16-25.
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`36. Moreover, Vasudevan’s method 300 for providing programs includes
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`“evaluat[ing] the status (active, idle) of a user device,” Vasudevan, 9:45-48, and
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`“determining whether to remove the at least one program in response to user
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`removal responses,” Vasudevan, 9:63-65.
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`37. Meier ’299 describes that the method includes “providing an alert for display
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`on the television monitor in association with initiating the action to conserve
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`resources.” Meier ’299, 8:65-67.
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`38. Meier describes that “initiating the action to conserve resources comprises
`
`sending instructions to the content provider to stop delivery of the television
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`content, wherein delivery of the television content is stopped.” Meier ’299, 9:1-4.
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`39. Meier ’299 describes that “initiating the action to conserve resources further
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`comprises providing locally stored content to the television monitor for display to
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`the viewer.” Meier ’299, 9:5-8.
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`40. Meier ’299 describes that “determining if the resource conserving process
`
`should be activated is based on a programming type for a program delivered via
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`the television content.” Meier ’299, 9:21-24.
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`41. Meier ’299 describes that “determining if the resource conserving process
`
`should be activated is based on viewer preferences.” Meier ’299, 9:28-30.
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`42. Meier ’299 describes that “determining if the resource conserving process
`
`should be activated is based on at least one of a time, date, and length of a program
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`delivered via the television content.” Meier ’299, 9:31-34.
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`43. Meier ’299 describes that “determining if the resource conserving process
`
`should be activated is based on a program being delivered via the television
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`content.” Meier ’299, 9:35-37.
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`17
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`17
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`44. Meier ’299 describes:
`
`An apparatus for conserving resources associated with packet
`
`television services comprising:
`a first interface adapted to receive television content from a
`content provider over a packet network;
`a second interface adapted to provide the television content to a
`television monitor for display to a viewer; and
`a control system associated with the first and second interfaces
`and adapted to:
`determine if a resource conserving process should be activated,
`wherein the resource conserving process determines if an
`action to conserve resources associated with transporting
`the television content over the packet network should be
`performed;
`if the resource conserving process should be activated:
`determine whether the viewer is watching the television
`monitor; and
`initiate the action to conserve resources associated with
`transporting the television content over the packet
`network upon determining that the viewer is not
`watching the television monitor;
`if the resource conserving process should not be activated:
`allow for continued providing of the television content.
`45. Meier ’299 also describes that “initiating the action to conserve resources
`
`comprises sending instructions to the content provider to halt delivery of a video
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`
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`portion of the television content, wherein the television content delivered after
`
`sending the instructions does not comprise the video portion.” Meier ’299, 9:16-20.
`
`46. Meier ’299 describes that the apparatus includes “a user interface associated
`
`with the control system, which is adapted to determine whether the viewer is
`
`watching the television monitor based on viewer activity detected at the user
`
`interface.” Meier ’299, 10:19-23.
`
`47. Meier ’299 describes that “to determine whether the viewer is watching the
`
`television monitor, the control system is further adapted to determine whether the
`
`television is on or off, and initiate the action to conserve resources after detecting
`
`that the television monitor is off.” As mentioned above, Meier ’299 further
`
`describes that “[v]iewing indicia relating to the television state may relate to
`
`whether the television monitor 14 is on or off,” and in Figure 2A, Meier ’299 refers
`
`to the “television state.” A television monitor, such as the television monitor 14
`
`described in Meier ’299, is a user device, and an on or off state of a television
`
`monitor is a status of the television monitor. Meier ’299 describes, for example,
`
`that “[w]hen the viewing indicia relates to the power or current consumption of the
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`television monitor 14, the television gateway 16 may include additional circuitry to
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`monitor the power or current supplied to the television monitor 14.” Meier ’299,
`
`7:13-16. Thus, Meier ’299 discloses determining status of two user devices, i.e.,
`
`television monitor 14 and television gateway 16, and initiating the action to
`
`19
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`19
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`

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`
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`conserve resources after detecting the status of the user devices. Therefore, Meier
`
`’299’s disclosure that “to determine whether the viewer is watching the television
`
`monitor, the control system is further adapted to determine whether the television
`
`is on or off, and initiate the action to conserve resources after detecting that the
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`television monitor is off” constitutes disclosure that “to determine whether the
`
`viewer is watching the television monitor, the control system is further adapted to
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`determine a status of user devices, and initiate the action to conserve resources
`
`after detecting the status of the user devices.”
`
`48.
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`Further, it was well-known at the time the application for the ’466 patent
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`was filed to determine a status of user devices and to initiate resource conserving
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`processes after detecting the status of user devices.
`
`49.
`
`For example, Mahvi discloses “a viewer-presence sensor unit for controlling
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`operation of a television set” and that “[t]he sensor unit … includes a detector for
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`sensing presence of a living being within a viewable distance of the television set
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`and a timer for measuring the amount of time of non-presence of a living being
`
`within that viewable distance.” Mahvi, 2:6-11. Mahvi also discloses that
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`“television sets not in use are automatically turned off to thereby conserve
`
`resources otherwise expended as a result of non-viewed operating sets.” Mahvi,
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`2:20-23.
`
`20
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`20
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`

`

`
`
`50. Additionally, Sparrell describes a centralized resource manager that
`
`exercises master control over network resources by reserving network resources to
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`fulfill a user request. Sparrell, 9:12-19. According to Sparrell, “[o]nce the reserved
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`network resources have been used to fulfill the user or agent process request, the
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`centralized resource manager frees these network resources, changing their status
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`from ‘reserved’ to ‘available.’” Sparrell, 9:19-23.
`
`51. Moreover, Vasudevan’s method 300 for providing programs includes
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`“evaluat[ing] the status (active, idle) of a user device,” Vasudevan, 9:45-48,
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`“repetitively checking a status of multiple user devices,” Vasudevan, 10:31-32, and
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`“determining whether to remove the at least one program in response to user
`
`removal responses,” Vasudevan, 9:63-65.
`
`52.
`
`The Meier ’577 and ’625 provisionals disclose methods and apparatuses for
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`conserving resources associated with a packet television service. For example, the
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`Meier ’577 provisional describes a “METHOD FOR SAVING BANDWIDTH
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`SENT TO A DIGITAL SET TOP BOX.” Meier ’577 provisional, p. 1. The Meier
`
`’577 provisional further describes that “[t]his invention is a device and method
`
`which detects the activity indicating that a TV is in use, and sensing a lack of
`
`activity, performs an action to reduce or turn off the incoming signal bandwidth,
`
`using instead locally-stored or reduced quality images to display on a TV screen.”
`
`Meier ’577 provisional, p. 2. The Meier ’577 provisional also describes that “[i]f
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`21
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`21
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`
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`the TV is not being used, then significant downstream bandwidth and processing
`
`can be saved in the network by not sending the detailed picture information to the
`
`TV.” Meier ’577 provisional, p. 3. The Meier ’577 provisional’s “Block Diagram
`
`of Components” illustrates:
`
`
`
`See also, Meier ’625 provisional, pp. 2, 5, 10.
`
`53.
`
`The Meier ’577 and ’625 provisionals disclose “receiving television content
`
`from a content provider over a packet network; providing the television content to
`
`a television monitor for display to a viewer;” and “a first interface adapted to
`
`receive television content from a content provider over a packet network; a second
`
`interface adapted to provide the television content to a television monitor for
`
`display to a viewer.” For example, the Meier ’577 and ’625 provisionals both
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`22
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`22
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`contain the same “Block Diagram of Components” which disclose “remote servers
`
`and routers” delivering “network picture and sound” over a “transport and access
`

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