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.-1003
`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 have served as the Editor-in-Chief for the
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`journal Multimedia Systems. In addition, I have edited and co-edited numerous
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`published proceedings of technical conferences and have edited a book of readings
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`in 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, PCT Publication No. WO03/025726
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`("Sparrell”), U.S. Patent Publication No. 2003/0067872 (“Harrell”), an PCT
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`Publication No. WO02/05557 (“Rautila”).
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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, 2:17, 5:14, Fig. 3.
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`14.
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`The ’466 patent describes a user device that includes a transceiver unit
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`connected to a controller that is adapted to: (i) receive a “program multiplex;” (ii)
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`receive an indication that at least one program is to be removed from the multiplex;
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`and (iii) selectively transmit a program removal response. ’466 patent, 1:66-2:4.
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`Also disclosed is a device to provide a program multiplex. The device includes,
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`e.g., a management unit adapted to consider a removal of at least one program
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`from the multiplex in response to program viewing parameters, and determine the
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`removal in response to at least one received user program removal response. ’466
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`patent, 2:5-12. The ’466 patent further describes a corresponding method for
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`receiving programs that includes (i) receiving a “program multiplex,” and a
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`program removal indication; and (ii) selectively transmitting a program removal
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`response. ’466 patent, 2:13-16. Also disclosed is a method for providing programs,
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`which includes (i) providing a program multiplex to multiple user devices; (ii)
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`considering removal of at least one program from the multiplex in response to
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`program viewing parameters; (iii) allowing at least one user to respond to a
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`possible removal of the at least one program; and (iv) determining whether to
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`remove the at least one program in response to received user removal responses.
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`’466 patent, 2:17-24.
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`15.
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`The claims of the ’466 patent are directed to methods and apparatuses 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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`Sparrell and Harrell
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`16.
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`Sparrell describes methods and systems for allocating and managing
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`resources of digital entertainment devices. Sparrell, 2:26-3:5. The network
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`resources include disk bandwidth, disk capacity, network bandwidth, etc. Sparrell,
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`12:3-5, 12:17-19. A plurality of devices, e.g., televisions, video recording devices,
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`etc., are provided “in a network having sufficient bandwidth to distribute media
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`content (e.g., movies, audio/stereo).” Sparrell, 2:26-3:5. A centralized resource
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`manager is provided, in which the “centralized resource manager … assign[s]
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`network resources in the most efficient manner.” Sparrell, 4:13-17. According to
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`Sparrell, the “centralized resource manager identifies, assigns, and reserves
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`available resources in response to user requests for processing media content so
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`that the functionality of the distributed network is centralized,” and “[m]anaged
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`resources can include … network bandwidth, … TV tuners, MPEG encoders and
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`decoders.” Sparrell, 4:19-25.
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`17. Regarding television content, “[w]hen a request is received from a user …
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`for viewing … television programming material, … the centralized resource
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`manager implements a reservation protocol … to define a pipeline or session, using
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`the available network resources embodied in the media server and client devices, to
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`fulfill the user’s request.” Sparrell, 5:3-9. If devices are removed from the network,
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`the centralized resource manager can reallocate network resources. In this regard,
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`the centralized resource manager can include sensing systems for determining
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`when devices are added or removed from the network. Sparrell, 6:8-10. Such a
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`sensing system “may include a current, infrared (IR), or electro-magnetic field
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`(EMF) sensing systems for detecting when video devices are turned off so that the
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`network resources associated with that video device may be reallocated.” Sparrell,
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`6:10-12.
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`18.
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`For example, a power switching system may be included in the centralized
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`resource manager that “allow[s] the centralized resource manager to determine the
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`powering on and off of the devices such that network resources associated with
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`these devices may be automatically reallocated when the devices are determined to
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`be in an OFF state.” Sparrell, 6:19-23. For example, an electrical current sensing
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`system 308 may be provided in a set-top box (STB) 300 that is connected to a
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`television. Sparrell, 22:29-23:1. The current sensing system 308 can detect the ON
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`and OFF states of the television to which the STB 300 is connected. Sparrell,
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`22:29-23:1.
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`19.
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`Similarly, an IR sensing system can “detect and process signals from a
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`typical IR remote control device, and thereby determine the on/off state of the
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`corresponding video device, so that resources associated with that device can be
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`automatically reallocated.” Sparrell, 6:13-16. For example, “if a viewer of one
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`television is requesting a tuner, and if all tuners are in use, and if more than one
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`tuner is in use in a media pipeline to a television set,” according to Sparrell, “the
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`ideal solution is to reallocate a tuner 404 that is used by a television 104 that is
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`actually turned off.” Sparrell, 24:28-25:1. Sparrell’s centralized resource manager
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`can “guess which television is most likely turned off and issue an alert to that
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`screen.” Sparrell, 25:1-3. Sparrell’s centralized resource manager issues an alert as
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`a graphical pop-up window 46, shown in Figure 11, reproduced below, which
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`signals: “The tuner you are using is being requested by another viewer. Press enter
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`to reject this request.” Sparrell, 25:4-6.
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`20.
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`The alert above is issued allowing a user a certain amount of time, e.g., one
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`minute, to reject the request; if there is no response within the allotted time, “the
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`centralized resource manager 12 will reallocate that tuner 104.” Sparrell, 25:4-9.
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`21.
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`Sparrell discloses that media pipelines between the media server 108 and
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`client devices 112, 114, which are connected to respective televisions 104, 106, are
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`established when requested and “torn down” after particular requests have been
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`fulfilled. For example, when a user wants to watch a television program on a
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`television that is located in the kitchen, a media pipeline is established with that
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`television. Sparrell, 14:27-30. If a user wants to watch a television program on
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`another television, e.g., a television located in the living room, when there are no
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`more tuners available in the network, the user can request “to ‘steal’ a tuner from
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`one of the other media pipelines, i.e., utilizing a network resource (tuner) that had
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`previously been reserved by the centralized resource manager 12.” Sparrell, 15:29-
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`16:2. Thus, for example, the centralized resource manager 12 can “tear down” the
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`media pipeline to a television that has been turned off and re-allocate that network
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`resource to another media request. Sparrell, 16:10-13.
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`22. While Sparrell does not specifically disclose that the “tear down” of a media
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`pipeline can include halting delivery of a video portion of the television program, it
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`was well known, at least as early as the publication date of Harrell (April 10,
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`2003), to halt delivery of the video portion of streaming video, while continuing to
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`deliver the audio portion. For example, Harrell describes methods and apparatuses
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`for client-side detection of network congestion in packet networks. Harrell,
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`Abstract, ¶[0003]. According to Harrell, there are difficulties associated with
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`“delivering streaming media over broadband packet networks.” Harrell, ¶[0005].
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`For example, network congestion can “result[] in the loss or corruption of
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`packets,” can “interfere[] with the quality level of real-time data,” and can “cause
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`interruptions or delays in streaming media, resulting in a quality of service that is
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`inferior to broadcast standards.” Harrell, ¶[0006]. Against this background, Harrell
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`describes methods and apparatuses “for ensuring the delivery of quality streaming
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`media to clients over packet networks” and for “avoiding error[s] in a media
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`stream across a congested network” and “addresses the problem of managing
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`network congestion when streaming media data consumes a significant share of
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`network bandwidth.” Harrell, ¶[0014].
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`23. Harrell describes that a client receives a media stream into a media buffer,
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`and that the media buffer can detect a plurality of levels of network congestion by
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`monitoring the buffer level. Harrell, ¶[0016]. The client can request a plurality of
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`service adjustments from the media server in response to the congestion level in
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`order to avoid errors in playback of the media stream. Harrell, ¶[0016]. Harrell,
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`describes a number of different adjustments that can be requested by the client,
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`including a request, sent by the client to the media server, for the service
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`adjustment “maintaining audio while dropping video.” Harrell ¶[0016]. A person
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`of ordinary skill in the art would understand this disclosure to correspond to the
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`’466 patent claim limitations, “wherein 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” and “wherein the television content delivered
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`after sending the instructions does not comprise the video portion.”
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`24. Utilizing Harrell’s service adjustments, including “maintaining audio while
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`dropping video,” in Sparrell’s resource manager would, for example, achieve
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`“gracefully decreased quality” of the media stream (Harrell, ¶[0016]).
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`25.
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`Sparrell and Harrell describe methods and apparatuses “for conserving
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`resources associated with packet television services.” Sparrell, for example,
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`describes that a “centralized resource manager … for distributed networks
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`manages resources available on the network, such as network bandwidth, CPU
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`allocation, TV tuners …, MPEG encoders …, disk bandwidth, and input output
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`devices.” Sparrell, Abstract. Sparrell specifically describes “televisions and video
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`recording devices” as devices connected to the network and describes “movies”
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`among the media content that is distributed on the network. Sparrell, 2:26-3:3.
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`Similarly, Harrell describes “delivery of quality streaming media to clients over
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`packet networks,” Harrell, ¶[0014]. The packet network distributes “broadcast
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`quality streaming media from a server to at least one client,” Harrell, ¶[0015], and
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`the client takes “the form of … a set top box attached to a television,” Harrell,
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`¶[0088].
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`26.
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`Sparrell and Harrell describe “receiving television content from a content
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`provider over a packet network” and “a first interface adapted to receive television
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`content from a content provider over a packet network.” For example, Sparrell
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`describes that “linking multiple digital entertainment devices in a home network
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`infrastructure has become widely accepted” and that “televisions and video
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`recording devices,” for example, are interconnected “in a network having sufficient
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`bandwidth
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`to distribute media content,”
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`including, for example, movies,
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`“throughout a home.” Sparrell, 2:26-3:3. According to Sparrell, a media server 108
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`accepts “CATV (both analog and digital) as well as broadband (cable modem,
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`xDSL, etc.) WAN connectivity,” Sparrell, 17:16-18, and includes a “broadband
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`interface for receiving digital content such as TCP/IP or UDP/IP packets,” Sparrell,
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`18:12-13. Harrell, describes “providing uninterrupted streaming media over IP
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`[Internet Protocol] networks,” Harrell, ¶[0029], which Harrell recognizes to be, as
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`is well-known, “a packet network,” Harrell, ¶[0007].
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`27.
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`Sparrell and Harrell describe “providing the television content to a television
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`monitor for display to a viewer” and “a second interface adapted to provide the
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`television content to a television monitor for display to a viewer.” For example,
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`Sparrell describes network resources that include “distributing audio and/or video
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`content for real-time presentation to a user (e.g., … viewing and listening via a
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`television set).” Sparrell, 8:17-23. Sparrell also describes that “client devices
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`include set-top boxes (STBs) 44, 46, 48 for video clients” (Sparrell, 10:16-18), and
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`that client devices “receive video content via the distributed network” and
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`“output[] it to a television” (Sparrell, 19:12-20). Harrell describes that “data and
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`video traffic is directed to the one or more clients 212 and client media buffers
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`210” and that “[t]he client receptacle might … take the form of … a set top box
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`attached to a television.” Harrell, ¶[0088].
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`28.
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`Sparrell describes “determining if a resource conserving process should be
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`activated,” in which “the resource conserving process determines if an action to
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`conserve resources associated with transporting the television content over the
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`packet network should be performed,” and also describes “a control system
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`associated with the first and second interfaces and adapted to: determine if a
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`resource conserving process should be activated,” in which “the resource
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`conserving process determines if an action to conserve resources associated with
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`transporting the television content over the packet network should be performed.”
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`For example, Sparrell discloses a “centralized resource manager … linked with a
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`media server and each client device in the distributed network.” Sparrell, 4:18-19.
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`Sparrell further describes that the centralized resource manager makes an
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`“educated guess as to whether a particular television or other resource is in use.”
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`Sparrell, 24:24-27. If the centralized resource manager determines “that the
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`television 104 is in the OFF state,” an alert will “be issued … to the screen of the
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`television 104, a response waited for (for a predetermined period of time) …,
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`followed by reallocation … of the resources 404 associated with the television 104
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`if no response is received.” Sparrell, 25:27-26:2.
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`29.
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`Sparrell describes, “if the resource conserving process should be activated:
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`determining [and determine] whether the viewer is watching the television
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`monitor.” For example, Sparrell describes that “[t]he centralized resource manager
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`12 can make a considered determination as to the likelihood a screen of a
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`television 103 is being watched by monitoring the IR channel 402 … of the
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`associated client device.” Sparrell, 25:16-20. According to Sparrell, “[i]f there has
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`been recent IR activity in the vicinity of the TV 104, there is a high probability that
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`a user is watching and interacting with the TV 104,” whereas “if there has been no
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`IR activity for several hours, there is a high probability that nobody is watching the
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`television 104.” Sparrell, 25:20-25.
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`30.
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`Sparrell describes “initiating [and initiate] the action to conserve resources
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`associated with transporting the television content over the packet network upon
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`determining that the viewer is not watching the television monitor.” For example,
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`Sparrell describes that “[o]nly when a determination has been made … that the
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`television 104 is in the OFF state will an alert be issued … to the screen of the
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`television 104, a response waited for (for a predetermined period of time) …,
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`followed by reallocation … of the resources 404 associated with the television 104
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`if no response is received.” Sparrell, 25:27-26:2.
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`31.
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`Sparrell and Harrell describe “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.” For example,
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`Sparrell describes that “media pipelines … can be torn down when they are no
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`longer needed, e.g., when particular requests have been fulfilled.” Sparrell, 16:17-
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`8. Harrell describes that a client, which receives a media stream from a media
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`server, “is able to request a plurality of service adjustments from the media server”
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`and that “[s]uch adjustments may include … maintaining audio while dropping
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`video.” Harrell, ¶[0016]. In Harrell’s methods and apparatuses, the client, e.g., “a
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`set top box attached to a television,” “request[s] server adjustments.” Harrell,
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`¶[0098]. See also, Harrell, claim 33 (“A method for client-initiated flow control for
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`media streaming over best-effort packet networks, wherein, upon client detection
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`of network congestion, a client sends requests to a server to adjust the media
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`stream and thereby to improve the congestion situation.”).
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`32.
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`The media server 108 and a broadband service provider described by
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`Sparrell (e.g., Sparrell, 21: 14-28) correspond to the content provider described in
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`claim 1. Since “the media server 108 accepts CATV (both analog and digital) as
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`well as broadband (cable modem, xDSL, etc.) WAN connectivity (Sparrell, 17:16-
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`18) and “a service provider … use the centralized resource manager,” the media
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`server 108 can send the instruction to the broadband service provider (Sparrell, 21:
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`14-28). In addition, since Sparrell explains that “the resource manager 12 can exist
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`on any client device of the distributed network” (Sparrell, 19:3-11), the client
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`described by Sparrell could send the instruction to Sparrell’s media server.
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`33.
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`Sparrell describes “if the resource conserving process should not be
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`activated: continue providing [or allow for continued providing of] the television
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`content.” For example, Sparrell describes that the “centralized resource manager
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`12 will guess which television is most likely turned off and issue an alert to that
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`screen.” Sparrell, 25:1-3. According to Sparrell, if the screen to which an alert is
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`issued “is in use, the centralized resource manager 12 will then try to reallocate the
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`resources associated with the next-most likely powered down screen.” Sparrell,
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`25:13-15.
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`34.
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`Sparrell describes “monitoring viewing indicia bearing on the television
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`monitor being watched and applying the viewing indicia to resource saving criteria
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`to determine whether the viewer is watching the television monitor.” For example,
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`Sparrell describes that the centralized resource manager 12 issues an alert to the
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`television 104 as a graphical pop-up window. If the user is watching this television,
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`the viewer is given a certain amount of time to reject the request; if there is no
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`response within the given time period, the centralized resource manager 12 will
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`reallocate that tuner. Sparrell, 25:4-9.
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`35.
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`Sparrell describes “receiving viewer input and wherein the viewing indicia
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`comprise viewer input.” For example, as mentioned above, Sparrell describes that
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`the centralized resource manager 12 issues an alert to the television 104 as a
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`graphical pop-up window. If the user is watching this television, the viewer is
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`given a certain amount of time to reject the request; if there is no response within
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`the given time period, the centralized resource manager 12 will reallocate that
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`tuner. Sparrell, 25:4-9.
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`36.
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`Sparrell describes “monitoring the viewer input over time; determining
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`viewer behavior based on the viewer input over time; and generating the resource
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`saving criteria based on the viewer behavior, wherein the viewer input over time is
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`used to learn the viewer behavior from which the resource saving criteria is
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`generated.” For example, Sparrell describes that the centralized resource manager
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`12 “can make a considered determination as to the likelihood a screen of television
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`104 is being watched by monitoring the IR channel 402 of the associated client
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`device 112.” Sparrell, 25:16-20. According to Sparrell, the “IR channel 402 is
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`monitored,” and the “time between received IR signals is measured.” Sparrell,
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`25:20-21. If there has been recent IR activity in the vicinity of the TV 104, there is
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`a high probability that a user is watching and interacting with the TV 104, whereas
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`if there has been no IR activity for several hours, there is a high probability that
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`nobody is watching the television 104. Sparrell, 25:21-25. Sparrell describes that
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`an “algorithm based on time-between-signals will determine whether the screen of
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`the television 103 is most likely powered off.” Sparrell, 25:25-27.
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`37.
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`Sparrell describes that “the viewing indicia bears on a status of a user
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`device,” and Sparrell describes that “determining whether the viewer is watching
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`the television monitor comprises determining a status of a user device, and
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`initiating the action to conserve resources after detecting that the status of the user
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`device is idle.” For example, Sparrell describes that “[t]he IR sensing system is
`
`operative to detect and process signals from a typical IR remote control device, and
`
`thereby determine the on/off state of the corresponding video device, so that
`
`resources associated with that device can be automatically reallocated.” Sparrell,
`
`6:13-16.
`
`38.
`
`Sparrell describes “providing an alert for display on the television monitor in
`
`association with initiating the action to conserve resources.” Referring, for
`
`example, to Figure 11, reproduced below, Sparrell describes that “[o]ne possible
`
`alert is a graphical pop-up window 40…, which can signal as follows: ‘The tuner
`
`you are using is being requested by another viewer. Press enter to reject this
`
`request.’” Sparrell, 25:4-6. According to Sparrell, “[i]f a user is watching this
`
`television 104 (a viewing session), he/she can be given a certain amount of time to
`
`18
`
`18
`
`

`

`
`
`reject the request,” and “[i]f after, say, one minute, there is no response, the
`
`centralized resource manager 12 will reallocate that tuner 404.” Sparrell, 25:6-9.
`
`
`
`39. Additionally, referring to Figure 14, reproduced below, Sparrell
`
`describes monitoring key inputs for an IR remote control. Sparrell, 26:29-30.
`
`According to Sparrell, “the power down key and other key inputs are
`
`monitored to determine which television screen is most likely powered off at
`
`step 430,” and “[a] screen alert is then issued at step 432, a response waited
`
`for in step 434, followed by reallocation of the resource 404 in a step 436 if no
`
`response to the screen alert is received.” Sparrell, 27:2-6
`
`19
`
`19
`
`

`

`
`
`
`
`40.
`
`Sparrell describes that “initiating the action to conserve resources comprises
`
`sending instructions to the content provider to stop delivery of the television
`
`content, wherein delivery of the television content is stopped.” For example,
`
`Sparrell describes that “media pipelines can be torn down when they are no longer
`
`needed, e.g., when particular requests have been fulfilled.” Sparrell, 16:17-18.
`
`20
`
`20
`
`

`

`
`
`According to Sparrell, a “network resource for fulfilling a recording request … can
`
`be freed up when the scheduled recording … is completed.” Sparrell, 16:18-21.
`
`41.
`
`Sparrell describes that “initiating the action to conserve resources further
`
`comprises providing local content to the television monitor for display to the
`
`viewer.” For example, Sparrell describes providing local content in the form of a
`
`“graphical pop-up window” as an alert to the viewer. Figure 11, reproduced below,
`
`illustrates the local content displayed to the viewer on the television 104.
`
`
`
`42. Additionally, Sparrell explains that a viewer can select “watching one of the
`
`streams in progress” or “watching a previously recorded show” on the television
`
`monitor (Sparrell, 15:20-21), both of which constitute local content provided to the
`
`television monitor for display to the viewer.
`
`21
`
`21
`
`

`

`
`
`43.
`
`Sparrell describes that “determining if the resource conserving process
`
`should be activated is based on a programming type for a program delivered via
`
`the television content.” For example, Sparrell distinguishes between streaming
`
`media and previously recorded programs. According to Sparrell, when a request
`
`for a network resource is made to the centralized resource manager and there are
`
`no more tuners available in the network, the centralized resource manager alerts
`
`the user, who then has the options of “watching one of the streams in progress” or
`
`“watching a previously recorded show.” Sparrell, 15:15-24.
`
`44.
`
`Sparrell 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
`
`delivered via the television content.” For example, Sparrell distinguishes between
`
`programs requested at various times, specifically mentioning 7:45, 7:50, 8:00, and
`
`8:05, and distinguishes between streams in progress, e.g., a hockey game currently
`
`being recorded, and previously-recorded shows, e.g., a James Bond movie.
`
`Sparrell, 14:6-15:24.
`
`45.
`
`Sparrell describes that “determining if the resource conserving process
`
`should be activated is based on a program being delivered via the television
`
`content.” For example, Sparrell distinguishes between streams in progress, e.g., a
`
`hockey game currently being recorded, and previously-recorded shows, e.g., a
`
`James Bond movie. Sparrell, 14:27-15:24.
`
`22
`
`22
`
`

`

`
`
`46.
`
`Sparrell describes “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.” For example, Sparrell
`
`describes that the centralized resource manager includes an IR sensing system for
`
`detecting when video devices are turned off. Sparrell, 6:8-12. According to
`
`Sparrell, “[t]he IR sensing system is operative to detect and process signals from a
`
`typical IR remote control device, and thereby determine the on/off state of the
`
`corresponding video device, so that resources associated with that device can be
`
`automatically reallocated.” Sparrell, 6:13-16.
`
`47.
`
`Sparrell also describes that the centralized resource monitor issues an alert
`
`on the television to present the viewer with the alert: “The tuner you are using is
`
`being requested by another viewer. Press enter to reject this request.” Sparrell, 4:4-
`
`6. If there is no response from the viewer, the centralized resource manager will
`
`reallocate that tuner. Sparrell, 4:6-9.
`
`48.
`
`Sparrell describes that “to determine whether the viewer is watching the
`
`television monitor, the control system is further adapted to determine a status of
`
`user devices, and initiate the action to conserve resources after detecting the status
`
`of the user devices.” For example, Sparrell describes that “[t]he IR sensing system
`
`is operative to detect and process signals from a typical IR remote control device,
`
`and thereby determine the on/off state of the corresponding video device, so that
`
`23
`
`23
`
`

`

`
`
`resources associated with that device can be automatically reallocated.” Sparrell,
`
`6:13-16.
`
`49. Both Sparrell and Harrell address problems rel

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