`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`14/507,329
`
`
`
`
` FILING DATE
`
`10/06/2014
`
`Arris Group,Inc.
`3871 LAKEFIELD DRIVE
`SUWANEE,GA 30024
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Swaminatha Vasudevan
`
`20069-CON2
`
`4590
`
`CHAN,SAI MING
`
`PAPER NUMBER
`
`ART UNIT
`
`2462
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/05/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`arrisdocketing @arris.com
`
`PTOL-90A (Rev. 04/07)
`
`SONY - Ex.-1014
`Sony Corporation - Petitioner
`
`1
`
`SONY - Ex.-1014
`Sony Corporation - Petitioner
`
`1
`
`

`

`
`Application No.
`Applicant(s)
`14/507 ,329
`VASUDEVAN ETAL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`SAI-MING CHAN
`2462
`No
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`Office Action Summary
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING DATE OF
`THIS GOMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`
`
`Status
`1) Responsive to communication(s) filed on 10/6/2014.
`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filedon___
`2a)L] This action is FINAL.
`2b)X] This action is non-final.
`3)L] An election was made bythe applicant in responseto a restriction requirementset forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)K] Claim(s) 1-18 is/are pending in the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7)K1] Claim(s) 1-10 and 12-18 is/are rejected.
`8)X] Claim(s) 117 is/are objected to.
`
`9)L] Claim(s)
`are subjectto restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
` §
`nito:/www. usoto.dov/patenis/init events/peh/index.}
`
`
`
`2 or send an inquiry to PPHfeedback@uspte.dov.
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)KX] The drawing(s)filed on 10/6/2014 is/are: a)>X] accepted or b)[_] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)L] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)LJ All
`b)[] Some** c)L] None ofthe:
`1.) Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`““ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) Xx] Notice of References Cited (PTO-892)
`2) CJ Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`3) TC Interview Summary (PTO-413)
`Paper No(s)/Mail Date.
`4 O Other:
`ther:
`.
`)
`
`.
`
`Part of Paper No./Mail Date 20160326
`
`2
`
`2
`
`

`

`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 2
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`The present application is being examined underthe pre-AlA first to invent provisions.
`
`DETAILED ACTION
`
`Priority
`
`Applicant's claim for domestic priority under 35 U.S.C. 119(e) is acknowledged.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections underthis section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country
`or in public use or on sale in this country, more than one yearprior to the date of application
`for patent in the United States.
`
`Claims 1-4, 6, 7 and 16-18 are rejected under 35 U.S.C. 102(b) as being
`
`anticipated by Mahviet al. (U.S. PG-Publication # 2012/0071685).
`
`Consider claims 1 and 16, Mahvi clearly discloses a method for conserving
`
`resources associated with packet television services comprising:
`
`3
`
`

`

`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 3
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`receiving television content from a content provider over a packet network(col. 1,
`
`lines 14-20 (television); EN: TV set can bedigital);
`
`providing the television content to a television monitor for display to a viewer(col.
`
`1, lines 14-20 (television set/viewer));
`
`determining if a resource conserving process should be activated, wherein the
`
`resource conserving process determinesif an action to conserve resources associated
`
`with transporting the television content over the packet network should be performed
`
`(col. 2, lines 17-20 (use sensor to detect human presence));
`
`if the resource conserving process should beactivated (col. 2, lines 17-20
`
`(sensor detects no human presence)):
`
`determining whether the viewer is watching the television monitor (col. 2,
`
`lines 11-17 (measurementof a term of time of non-presence)); 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 (col. 2, lines 20-23 (power
`
`to TV sets are turned off));
`
`if the resource conserving process should not be activated (col. 2, lines 52-55
`
`(presence-signal is received)):
`
`continue providing the television content (col. 2, lines 52-55 (presence-
`
`signal is received/timer resets)).
`
`4
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`

`

`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 4
`
`Consider claim 2, and as applied to claim 1 above,
`
`claim 17, and as applied to claim 16 above,
`
`Mahviet al. clearly disclose a method further comprising monitoring viewing indicia
`
`bearing on the television monitor being watched (col. 2, lines 6-11 (timer for measuring
`
`the amountof time of non-presence)) and applying the viewing indicia to resource
`
`saving criteria to determine whether the viewer is watching the television monitor (col. 2,
`
`lines 11-17 (measurement of a term of time of non-presence)).
`
`Consider claim 3, and as applied to claim 2 above, Mahviet al. clearly disclose
`
`a method further comprising receiving viewer input and wherein the viewing indicia
`
`comprise viewer input (col. 2, lines 52-55 (presence-signal is received); EN: Presence
`
`signal could be input from viewer, such as changing channels, adjusting volume, etc.)
`
`Consider claim 4, and as applied to claim 3 above, Mahviet al. clearly disclose
`
`a method further comprising:
`
`monitoring the viewer input overtime (col. 2, lines 11-17 (measurementof a term
`
`of time of non-presence));
`
`determining viewer behavior based on the viewer input over time (col. 2, lines 11-
`
`17 (non-presence)); and
`
`5
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`

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`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 5
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`generating the resource saving criteria based on the viewer behavior, wherein
`
`the viewerinput over time is used to learn the viewer behavior from which the resource
`
`saving criteria is generated (col. 2, lines 20-23 (power to TV sets are turned off)).
`
`Consider claim 6, and as applied to claim 2 above, Mahviet al. clearly disclose
`
`a method wherein the viewing indicia bears on a status of a user device (col. 2, lines 6-
`
`11 (a timer for non-presence); EN: If timer expires, it implies the user deviceis idle).
`
`Consider claim 7, and as applied to claim 1 above,
`
`claim 18, and as applied to claim 16 above,
`
`Mahvi et al. clearly disclose a method wherein determining whether the viewer is
`
`watching the television monitor comprises determining a status of a user device, and
`
`initiating the action to conserve resourcesafter detecting that the status of the user
`
`deviceis idle (col. 2, lines 6-11 (a timer for non-presence); EN: If timer expires, it implies
`
`the userdeviceis idle; col. 2, lines 20-23 (power to TV sets are turned off)).
`
`6
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`

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`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 6
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousnessrejections setforth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of thistitle, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obviousat the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under 35 U.S.C. 103(a) are summarized asfollows:
`
`pons
`
`Determining the scope and contentsof the prior art.
`Ascertaining the differences between the prior art and the claims at issue.
`Resolving the level of ordinary skill in the pertinentart.
`Considering objective evidence presentin the application indicating
`obviousness or nonobviousness.
`
`In considering patentability of
`This application currently namesjoint inventors.
`the claims under 35 U.S.C. 103(a), the examiner presumesthat the subject matter of
`the various claims was commonly ownedat the time any inventions covered therein
`were made absent any evidenceto the contrary. Applicant is advised of the obligation
`under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was
`not commonly ownedatthe time a later invention was madein orderfor the examinerto
`considerthe applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g)
`prior art under 35 U.S.C. 103(a).
`
`Claims 5, 8-10 and 12-15 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Mahvi (U.S. Patent # 6259486), in view of Relanet al. (U.S. US-
`
`Publication # 20050229226).
`
`7
`
`

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`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 7
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`Consider claim 5, and as applied to claim 2 above, Mahviet al. clearly disclose
`
`the device as described.
`
`However, Mahviet al. do not specifically disclose resource conserving criteria is
`
`based on viewer preferences.
`
`In the samefield of endeavor, Relan et al. clearly show:
`
`wherein the resource saving criteria is based at least in part on preferences defined by
`
`the viewer(par. 74 (one of preferences active/electronic device circuits switched off)).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the
`
`time of invention to demonstrate a method for conserving resources, as taught by
`
`Mahvi, and show resource conserving criteria is based on viewerpreferences, as taught
`
`by Relan, so that power saving process can be conducted.
`
`Consider claim 8, and as applied to claim 1 above, Mahviet al. clearly disclose
`
`the device as described.
`
`However, Mahviet al. do not specifically disclose providing an alert.
`
`In the samefield of endeavor, Relan et al. clearly show:
`
`8
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`

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`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 8
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`providing an alert for display on the television monitor in association with
`
`initiating the action to conserve resources (abs (prompt an end-user to respond with an
`
`appropriate response/not present/enter power saving mode)).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the
`
`time of invention to demonstrate a method for conserving resources, as taught by
`
`Mahvi, and show providing an alert, as taught by Relan, so that power saving process
`
`can be conducted.
`
`Consider claim 9, and as applied to claim 1 above, Mahviet al. clearly disclose
`
`the device as described.
`
`However, Mahvi et al. do not specifically disclose initiating the action to conserve
`
`resources further comprises delivery of the television content is stopped.
`
`In the samefield of endeavor, Relan et al. clearly show:
`
`wherein initiating the action to conserve resources further comprises delivery of
`
`the television content is stopped (par. 183 (local service provider issue audio/video
`
`message to inform userthat he is not authorized for receiving)).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the
`
`time of invention to demonstrate a method for conserving resources, as taught by
`
`Mahvi, and showinitiating the action to conserve resources further comprises delivery
`
`9
`
`

`

`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 9
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`of the television content is stopped, as taught by Relan, so that power saving process
`
`can be conducted.
`
`Consider claim 10, and as applied to claim 1 above, Mahviet al. clearly
`
`disclose the device as described.
`
`However, Mahvi et al. do not specifically disclose initiating the action to conserve
`
`resources further comprises providing local content to the television monitor for display
`
`to the viewer.
`
`In the samefield of endeavor, Relan et al. clearly show:
`
`wherein initiating the action to conserve resourcesfurther comprises providing
`
`local content to the television monitor for display to the viewer(par. 183 (local service
`
`provider issue audio/video messageto inform userthat he is not authorized for
`
`receiving)).
`
`wherein determining if the resource conserving process should be activated is
`
`based on a programming type for a program delivered via the television content (par.
`
`111 (initiate recording of a first selected multimedia-program/STAND-BYstate/mode
`
`until completion of recording/re-enter the HIBERNATE state/mode upon completion)).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the
`
`time of invention to demonstrate a method for conserving resources, as taught by
`
`Mahvi, and showinitiating the action to conserve resourcesfurther comprises providing
`
`10
`
`10
`
`

`

`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 10
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`local content to the television monitor for display to the viewer, as taught by Relan, so
`
`that power saving process can be conducted.
`
`Consider claim 12, and as applied to claim 1 above, Mahviet al. clearly
`
`disclose the device as described.
`
`However, Mahvi et al. do not specifically disclose resource conserving processis
`
`based on a programming type.
`
`In the samefield of endeavor, Relan et al. clearly show:
`
`wherein determining if the resource conserving process should be activated is
`
`based on a programming type for a program delivered via the television content (par.
`
`111 (initiate recording of a first selected multimedia-program/STAND-BYstate/mode
`
`until completion of recording/re-enter the HIBERNATE state/mode upon completion)).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the
`
`time of invention to demonstrate a method for conserving resources, as taught by
`
`Mahvi, and show resource conserving process is based on a programming type, as
`
`taught by Relan, so that power saving process can be conducted.
`
`Consider claim 13, and as applied to claim 1 above, Mahviet al. clearly
`
`disclose the device as described.
`
`11
`
`11
`
`

`

`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 11
`
`However, Mahvi et al. do not specifically disclose resource conserving processis
`
`based on viewer preferences.
`
`In the samefield of endeavor, Relan et al. clearly show:
`
`wherein determining if the resource conserving process should be activated is
`
`based on viewer preferences(par. 74 (one of preferences active/electronic device
`
`circuits switchedoff)).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the
`
`time of invention to demonstrate a method for conserving resources, as taught by
`
`Mahvi, and show resource conserving process is based on viewer preferences, as
`
`taught by Relan, so that power saving process can be conducted.
`
`Consider claim 14, and as applied to claim 1 above, Mahviet al. clearly
`
`disclose the device as described.
`
`However, Mahvi et al. do not specifically disclose resource conserving processis
`
`based on atleast one of a time, date, and length of a program.
`
`In the samefield of endeavor, Relan et al. clearly show:
`
`wherein determining if the resource conserving process should beactivated is
`
`based on atleast one of a time, date, and length of a program delivered via the
`
`television content (par. 111 (initiate recording of a first selected multimedia-
`
`program/STAND-BYstate/mode until completion of recording/re-enter the HIBERNATE
`
`state/mode upon completion)).
`
`12
`
`12
`
`

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`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 12
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`Therefore, it would have been obvious to a person of ordinary skill in the art at the
`
`time of invention to demonstrate a method for conserving resources, as taught by
`
`Mahvi, and show resource conserving processis based on atleast one of a time, date,
`
`and length of a program, as taught by Relan, so that power saving process can be
`
`conducted.
`
`Consider claim 15, and as applied to claim 1 above, Mahviet al. clearly
`
`disclose the device as described.
`
`However, Mahvi et al. do not specifically disclose resource conserving processis
`
`based on a programming type.
`
`In the samefield of endeavor, Relan et al. clearly show:
`
`wherein determining if the resource conserving process should be activated is
`
`based on a program being delivered (par. 111 (initiate recording of a first selected
`
`multimedia-program/STAND-BYstate/modeuntil completion of recording/re-enter the
`
`HIBERNATE state/mode upon completion)).
`
`Therefore, it would have been obvious to a person of ordinary skill in the art at the
`
`time of invention to demonstrate a method for conserving resources, as taught by
`
`Mahvi, and show resource conserving process is based on a programming type, as
`
`taught by Relan, so that power saving process can be conducted.
`
`13
`
`13
`
`

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`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 13
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`Allowable Subject Matter
`
`Claim 11 is objected to as being dependent upon a rejected base claim, but
`
`would be allowable if rewritten in independent form including all of the limitations of the
`
`base claim and any intervening claims.
`
`Conclusion
`
`Any responseto this Office Action should be faxed to (571) 273-8300 or mailed
`
`to:
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Hand-delivered responses should be brought to
`
`Customer Service Window
`Randolph Building
`401 Dulany Street
`Alexandria, VA 22314
`
`Anyinquiry concerning this communication or earlier communications from the
`
`Examiner should be directed to Sai-Ming Chan whosetelephone numberis (571) 270-
`
`14
`
`14
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`

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`Application/Control Number: 14/507,329
`Art Unit: 2462
`
`Page 14
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`1769. The Examiner can normally be reached on Monday-Thursday from 8:00 am to
`
`5:00 pm.
`
`If attempts to reach the Examinerby telephone are unsuccessful, the Examiner's
`
`supervisor, Yemane Mesfin can be reached on (571) 272-3927. The fax phone number
`
`for the organization wherethis application or proceeding is assignedis (571) 273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for published
`
`applications may be obtained from either Private PAIR or Public PAIR. Status
`
`information for unpublished applications is available through Private PAIR only. For
`
`more information about the PAIR system, see http://pair-direct.uspto.gov. Should you
`
`have questions on accessto the Private PAIR system, contact the Electronic Business
`
`Center (EBC) at 866-217-9197 (toll-free) or 571-272-4100.
`
`Anyinquiry of a general nature or relating to the status of this application or
`
`proceeding should bedirected to the receptionist/customer service whose telephone
`
`number is (571) 272-2600.
`
`/Sai-Ming Chan/
`
`Primary Examiner, Art Unit 2462
`
`March 26, 2016
`
`15
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`15
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