PATENT APPLICATION FEE DETERMINATION RECORD
`Substitute for Form PTO-875
`
`Application or Docket Number
`15/283,578
`
`APPLICATION AS FILED - PART|
`(Column 1)
`(Column 2)
`
`SMALL ENTITY
`
`OR
`
`OTHER THAN
`SMALL ENTITY
`
`BASIC FEE
`(37 CFR 1.16(a), (b), or (c))
`SEARCH FEE
`
`SEARCHPm) NA||N/A N/A N/A 300
`SCNas en
`(37 CFR 1.16(0)
`
`
`
`
`
`
`
`
`
`rere CLASeeeee ee ona
`
`The "Highest Number Previously Paid For" (Total or Independent) is the highest found in the appropriate box in column 1.
`
`NOCEENOENT CLAIMS
`
`If the specification and drawings exceed 100
`APPLICATION SIZE_|sheets of paper, the application size fee due is
`FEE
`$310 ($155 for small entity) for each additional
`(37 CFR 1.16(s))
`50 sheetsor fraction thereof. See 35 U.S.C.
`41(a)(1)(G) and 37 CFR 1.16(s).
`
`MULTIPLE DEPENDENT CLAIM PRESENT(37 CFR 1.16(j))
`
`* If the difference in column 1
`
`is less than zero, enter "0" in column 2.
`
`APPLICATION AS AMENDED - PARTII
`
`AMENDMENTA
`
`AMENDMENTB
`
`(Column 1)
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`(Column 3)
`
`(Column 2)
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`SMALL ENTITY
`ADDITIONAL
`
`OTHER THAN
`
`SMALL ENTITY
`ADDITIONAL
`FEE($)
`
`Total
`(37 CFR 1.16(i))
`Independent
`(37 CFR 1.16(h))
`
`Application Size Fee (37 CFR 1.16(s))
`
`FIRST PRESENTATION OF MULTIPLE DEPENDENTCLAIM (37 CFR 1.16(j))
`
`(Column 1)
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`
`(Column 3)
`
`(Column 2)
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`Total
`(37 CFR 1.16(i))
`Independent
`(37 CFR 1.16(h))
`Application Size Fee (37 CFR 1.16(s))
`
`FIRST PRESENTATION OF MULTIPLE DEPENDENTCLAIM (37 CFR 1.16(j))
`
`is less than the entry in column 2, write "0" in column 3.
`* |f the entry in column 1
`* If the "Highest Number Previously Paid For” IN THIS SPACE is less than 20, enter "20".
`** If the "Highest Number Previously Paid For” IN THIS SPACE is less than 3, enter "3".
`
`ADDITIONAL
`FEE($)
`
`IPR2022-01228
`IPR2022-01228
`EXHIBIT 1003 - PAGE 2330
`EXHIBIT 1003 - PAGE 2330
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`

`

`UNITED STATES PATENT AND TRADEMARK OFFIGE
`
`UNITTED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`Q. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`FILING OR 371(C) DATE
`
`
`
`APPLICATION NUMBER
`
`FIRST NAMED APPLICANT
`
`ATTY. DOCKET NO./TITLE
`
`15/283,578
`
`10/03/2016
`
`Harold Edward Price
`
`0021-49-CON5B
`CONFIRMATION NO. 4911
`
`25901
`ERNEST D. BUFF
`
`ERNESTD. BUFF AND ASSOCIATES,LLC.
`
`231 SOMERVILLE ROAD
`BEDMINSTER, NJ 07921
`
`INFORMAL NOTICE
`
`OCMCA00000008651585
`
`Date Mailed: 10/17/2016
`
`INFORMATIONAL NOTICE TO APPLICANT
`
`Applicantis notified that the above-identified application contains the deficiencies noted below. No period for
`reply is set forth in this notice for correction of these deficiencies. However, if a deficiency relates to the inventor's
`oath or declaration, the applicant mustfile an oath or declaration in compliance with 37 CFR 1.63, or a substitute
`statementin compliance with 37 CFR 1.64, executed by or with respect to each actual inventor no later than the
`expiration of the time period set in the "Notice of Allowability" to avoid abandonment. See 37 CFR 1.53(f).
`
`The item(s) indicated below are also required and should be submitted with any reply to this notice to avoid
`further processing delays.
`
`A newinventor's oath or declaration that identifies this application (e.g., by Application Numberandfiling
`date) is required. The inventor's oath or declaration does not comply with 37 CFR 1.63 in thatit:
`* doesnotstate that the above-identified application was made or authorized to be made by the person
`executing the oath or declaration.
`Harold Edward Price
`
`Questions about the contents of this notice and the
`requirements it sets forth should be directed to the Office
`of Data Management, Application Assistance Unit,at
`(571) 272-4000 or (571) 272-4200 or 1-888-786-0101.
`
`/\dvan/
`
`
`page 1 of 1
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`

`UNITED STATES PATENT AND TRADEMARK OFFIGE
`
`UNITTED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`Q. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`FILING OR 371(C) DATE
`
`
`
`APPLICATION NUMBER
`
`FIRST NAMED APPLICANT
`
`ATTY. DOCKET NO./TITLE
`
`15/283,578
`
`10/03/2016
`
`Harold Edward Price
`
`0021-49-CON5B
`CONFIRMATIONNO. 4911
`
`25901
`ERNESTD. BUFF
`
`IMPROPER CFR REQUEST
`
`ERNEST D. BUFF AND ASSOCIATES,LLC. MOC
`231 SOMERVILLE ROAD
`000000086915788
`BEDMINSTER, Nu 07921
`
`Date Mailed: 10/17/2016
`
`RESPONSE TO REQUEST FOR CORRECTED FILING RECEIPT
`
`Continuity, Priority Claims, Petitions, and Non-Publication Requests
`
`In response to your requestfor a corrected Filing Receipt, the Office is unable to comply with your request
`because:
`
`* One or more of the benefit claims under 35 U.S.C. § 120 cannotbe included on the Filing Receipt since
`applicant did not specify whether the application is a continuation, divisional or continuation-in-part of the prior
`application. Applicant must submit a new application data sheet (ADS) that sets forth the relationship, and the
`ADS must be accompaniedbya petition under 37 CFR 1.78 if filed after the time period set forth in 37 CFR
`1.78.
`
`Questions about the contents of this notice and the
`requirements it sets forth should be directed to the Office
`of Data Management, Application Assistance Unit,at
`(571) 272-4000 or (571) 272-4200 or 1-888-786-0101.
`
`/apham/
`
`
`
`page 1 of 1
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`Price
`
`Applicant's Ref.: 0021-49-CON5B
`
`STREAMING MEDIA DELIVERY SYSTEM
`
`CROSS-REFERENCE TO RELATED APPLICATIONS
`
`[0001] This application is a continuation of U.S. patent application Ser. No. 13/815,040,
`
`filed Jan. 25, 2013 (published on Jun. 13, 2013 as U.S. patent publication number
`
`2013/0151724 A1), which was a continuation of U.S. patent application Ser. No.
`
`13/385,375,filed Feb. 16, 2012 (published on Jun. 28, 2012 as U.S. patent publication
`
`number 2012/0166669 A1 and now U.S. Pat. No. 8,364,839, issued Jan. 29, 2013), which
`
`was a continuation of U.S. patent application Ser. No. 12/800,177, filed May 10, 2010
`
`(published on Sep. 2, 2010 as U.S. patent publication number 2010/0223362 A1 and
`
`now U.S. Pat. No. 8,185,611, issued May 22, 2012), which was a continuation ofU.S.
`
`patent application Ser. No. 10/893,814,filed Jul. 19, 2004 (published on Dec. 9, 2004 as
`
`U.S. patent publication number 2004/0249969 A1, and now U.S. Pat. No. 7,716,358,
`
`issued May 11, 2010), which was a continuation-in-part of U.S. patent application Ser.
`
`No. 09/819,337,filed Mar. 28, 2001 (now U.S. Pat. No. 6,766,376, issued Jul. 20, 2004),
`
`which was a nonprovisional of U.S. provisional patent application Ser. No. 60/231,997,
`
`filed Sep. 12, 2000 and now abandoned; and it claims the benefit, under 35 U.S.C. §120,
`
`of the respective filing dates of said nonprovisional applications, and the benefit under
`
`35 U.S.C. §119(e) of said provisional application, as well as benefit under 35 U.S.C.
`
`§§120 and 119(e) (as applicable) of the filing dates of: copending U.S. patent application
`
`Ser. No. 10/825,869, filed Apr. 16, 2004 (published on Dec. 23, 2004 as U.S. patent
`
`publication number 2004/260828 A1), which was a continuation of said U.S. patent
`
`application Ser. No. 09/819,337, which was a nonprovisional of said provisional patent
`
`application Ser. No. 60/231,997; and hereby incorporates by reference the entire
`
`disclosure of each of said prior applications. This application further incorporates by
`
`reference the entire disclosure of U.S. patent application Ser. No. 13/374,942,filed Jan.
`
`24, 2012 (published on Jun. 14, 2012 as U.S. patent publication number 2012/0151083
`
`Al, and now U.S. Pat. No. 8,327,011, issued Dec. 4, 2012, which was a continuation of
`
`U.S. patent application Ser. No. 12/800,152, filed May 10, 2010 (published on Sep. 16,
`
`B4586497.1
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`2010 as U.S. patent publication number 2010/0235536 A1, and now U.S. Pat. No.
`
`8,122,141, issued Feb. 21, 2012), which was also a continuation of said U.S. patent
`
`application Ser. No. 10/893,814.
`
`BACKGROUND OF THE INVENTION
`
`Field of the Invention
`
`[0002] The present invention relates to multimedia computer communication systems;
`
`and more particularly, to systems and methods for delivering streaming media, such as
`
`audio and video, on the Internet.
`
`Description of the Related Art
`
`[0003] Prior to the developmentof Internet streaming media technologies, audio and
`
`video were formatted into files, which users needed to download in their entirety to
`
`their computers before the files could be heard or viewed. Real time, continuous media,
`
`as from a radio station, was not suitable for this arrangement,in that a file of finite size
`
`must be created so it could be downloaded. The advent of streaming media
`
`technologies allowed users to listen to or view the files as they were being downloaded,
`
`and allowed users to “tune-in” to a continuous media broadcast, or “stream”, such as
`
`from a radio station.
`
`[0005] Sending audio or video files via a network is known in the art. U.S. patent
`
`number 6,029,194 to Tilt describes a media server for the distribution of audio/video
`
`over networks, in which retrieved media frames are transferred to a FIFO buffer. A clock
`
`rate for a local clock is adjusted according to the fullness of the buffer. The media
`
`frames from the buffer are sent in the form of data packets over the networksin
`
`response to interrupts generated by the local clock. In this manner, the timing for the
`
`media frames is controlled by the user to assure a continuous stream of video during
`
`editing. U.S. patent number 6,014,706 to Cannon,et al. discloses an apparatus and
`
`methodfor displaying streamed digital video data on a client computer. The client
`
`B4586497.1
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`computer is configured to receive the streameddigital video data from a server
`
`computer via a computer network.
`
`[0006] The streamed digital video data is transmitted from the server computer to the
`
`client computer as a stream of video frames. U.S. patent number 6,002,720, to Yurt, et
`
`al. discloses a system for distributing video and/or audio information, wherein digital
`
`signal processing is employed to achieve high rates of data compression. U.S. patent
`
`number 5,923,655, to Veschi et al. discloses a system and method for communicating
`
`audio/ video data in a packet-based computer network, wherein transmission of data
`
`packets through the computer network requires variable periods of transmission time.
`
`U.S. patent number 5,922,048 to Emura discloses a video server apparatus having a
`
`stream control section that determines a keyframe readout interval and a keyframe
`
`playback interval, which satisfy a playback speed designated by a terminal apparatus.
`
`Finally, U.S. patent number 6,014,694 to Aharoni, et al. discloses a system and method
`
`for adaptively transporting video over networks, including the Internet, wherein the
`
`available bandwidth varies with time.
`
`[0007] Despite these developments, users viewing or listening to streaming content
`
`over Internet connections often encounter interruptions, due to the frequency of
`
`unanticipated transmission delays and losses that are inherent in many Internet
`
`protocols. These interruptions are commonly referred to as “dropouts”, meaning that
`
`the data flow to the user has been interrupted (i.e., the audio “drops out”).
`
`[0008] Dropouts can be extremely annoying--for example, while listening to music. The
`
`current state-of-the-art solution to the problem uses a pre-buffering technique to store
`
`up enough audio or video data in the user’s computer so that it can play the audio or
`
`video with a minimum of dropouts. This process requires the user to wait until enough
`
`of the media file is buffered in memory before listening or viewing can begin. The media
`
`data is delivered by a server computer, which has available to it the source of the media
`
`data, such as by a connection to a radio station. When the user connects to the server
`
`via the Internet, audio/video output at the user’s system is delayed while the user’s
`
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`buffer is filled to a predetermined level. Typical pre-buffering wait times range from ten
`
`to twenty seconds or more, determined by the vendor providing the audio or video
`
`media. Even with this pre-buffering process, interruptions in playback still occur.
`
`[0009] In this process, the user has a software application on the computer commonly
`
`called a “media player”. Using the features built into the media player, the user starts
`
`the audio or video stream, typically by clicking on a “start” button, and waits ten to
`
`twenty seconds or so before the material starts playing. During this time data is being
`
`received from the source and filling the media player’s buffer. The audio or video datais
`
`delivered from the source at the rateit is to be played out. If, for example, the user is
`
`listening to an audio stream encoded to be played-out at 24,000 bits per second, the
`
`source sends the audio data at the rate of 24,000 bits per second. Provided that the user
`
`waits ten seconds, and the receipt of the buffering data has not been interrupted, there
`
`is enough media data stored in the buffer to play for ten seconds.
`
`[0010] Gaps in the receipt of audio/video data, due to Internet slowdowns, cause the
`
`buffer to deplete. Because transmission of audio/video media data to the user takes
`
`place at the rate it is played out, the user’s buffer level can never be increased or
`
`replenished while it is playing. Thus, gaps in the receipt of audio/video media data
`
`inexorably cause the buffer level to decrease from its initial level. In time, extended or
`
`repeated occurrences of these gaps emptythe user’s buffer. The audio/video material
`
`stops playing, and the buffer must berefilled to its original predetermined level before
`
`playing of the media resumes.
`
`[0011] By way ofillustration,if, in a ten second pre-buffering scenario, data reception
`
`stopped the instant that the media started playing, it would play for exactly ten
`
`seconds. Once the media data starts playing, itplays out of the buffer as new media data
`
`replenishes the buffer. The incoming data rate equals the rate at which the datais
`
`played out of the user’s buffer, assuming the receipt of data across the Internetis
`
`unimpeded. If there are no interruptions in the receipt of the media data for the
`
`duration of the time the user listens to or watches the material, the buffer level remains
`
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`constant and therewill still be ten seconds of data stored in the media player’s buffer
`
`when the user stops the player.
`
`[0012] On the other hand, if the media player encounters interruptions totaling six
`
`seconds while playing the material, there would only be four seconds of media data
`
`remaining in the buffer when the user stopped it. If data reception interruptions at any
`
`time during the playing exceed ten seconds, the user’s media player buffer becomes
`
`exhausted. There is no media data to play, and the audio or video stops--a dropout has
`
`occurred. At this point a software mechanism in the media player stops attempting to
`
`play any more of the material, and starts the buffering process again. The media player
`
`remains silent until the buffer refills, at which time the media player will once again
`
`start playing the material. This pattern has brought about considerable consumer
`
`frustration with streaming media over the Internet.
`
`BRIEF SUMMARYOF THE INVENTION
`
`[0013] There is a need for improved systems and methods for delivering streaming
`
`content over the Internet or other communications medium, which facilitate continuous
`
`transmission of streaming content, respond on demand without objectionable buffering
`
`delay, and perform without disruption or dropouts.
`
`[0014] To address these objectives, various embodimentsfor delivering streaming
`
`content are provided, which envision that both the server and user systems involved in
`
`the content delivery may have buffering capacity. The embodiments make varying uses
`
`of this capacity to facilitate continuous content transmission on demand. Nearly
`
`instantaneous playback is achieved, while maintaining protection against playback
`
`interruption.
`
`[0015] In one aspect, the server and user-sides of the transmission are coordinated, by
`
`(a) sending initial streaming media elements to the user system at a sending rate more
`
`rapid than the playback rate,to fill the user buffer; and (b) after the user buffer has
`
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`been filled, sending further streaming media data elements to the user system at about
`
`the playback rate.
`
`[0016] In another embodiment, the user system may be used to regulate transmission
`
`of streaming media to it, by a streaming media server.
`
`In such embodiment, the server
`
`may operate by(a) assigning identifiers to the sequential media data elements
`
`comprising the program; (b) receiving requests from the user system for media data
`
`elements corresponding to specified identifiers; and (c) sending media data elements to
`
`the user system responsive to said requests. A user system used in connection with
`
`such an embodiment may operateby (i) maintaining a record of the identifier of the last
`
`sequential media data element that has been received bysaid player;(ii) requesting
`
`transmission of the next sequential media data elements following said last sequential
`
`media data element, as said media player requires for continuous and uninterrupted
`
`playback.
`
`[0017] Other aspects and advantages of the invention will be apparent from the
`
`accompanying drawings and the detailed description that follows.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`[0018] The invention will be more fully understood and further advantageswill become
`
`apparent when referenceis had to the following detailed description and the
`
`accompanying drawings, in which:
`
`[0019] FIG. 1 is a schematic/block diagram illustrating the elements of a streaming
`
`media buffering system in accordance with one embodimentof the present invention;
`
`[0020] FIG. 2 is a schematic/block diagram of an alternative embodiment of the system
`
`shown by FIG. 1; and
`
`[0021] FIG. 3 is a flowchartillustrating a method employed in one embodimentof the
`
`present invention.
`
`DESCRIPTION OF THE PREFERRED EMBODIMENTS
`
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`[0022] The following is a detailed description of certain embodiments of the invention
`
`chosen to provide illustrative examples of how it may preferably be implemented.
`
`[0023] Audio and video media must play out over a period of time. Thus, in considering
`
`the delivery of such media, it is more appropriate in certain respects to think of
`
`bandwidth requirementsthan file size. The bandwidth requirement of audio or video
`
`media refers to the data rate in bits per second that must be transmitted and received
`
`in order to listen to or view the material uninterrupted.
`
`[0024] Transmitting the audio or video material over a connection slower than the
`
`bandwidth requirement results in unsatisfactory viewing or listening, if viewing or
`
`listening is possible at all. The connection available may, for example, be by dialup
`
`modem, which has a maximum receive data rate of 56,000 bits per second. Audio and
`
`video encoded for distribution over the Internet may be compressed to be listenable or
`
`viewable within such a 56,000 bits per second bandwidth. Requirementsfor achieving
`
`adequate audio and video over the Internet may consume a considerable portion of the
`
`listener’s available bandwidth.
`
`[0025] There are two types of encoding schemes used for audio and video material --
`
`"Variable Bit Rate" (VBR), and "Constant Bit Rate" (CBR). CBR encoding represents the
`
`encoded media with a constant bit rate per second, regardless of the complexity of the
`
`material being encoded. For example, if an audio source is encoded at 20 kilobits per
`
`second at a Constant Bit Rate, the media data being produced from the encoding is at
`
`20 kilobits per second, whether the audio material is complex (e.g., symphonic) or
`
`silence. Variable Bit Rate encoding uses a variable number of bits to represent sounds or
`
`video, with more bits required for complex material (e.g., symphonic sounds or action
`
`scenes) than for simple sounds,silence, or still scenes. The most usual encoding scheme
`
`used for streaming media is CBR, because the resulting data rate is more predictable
`
`than for VBR. Statements in this specification concerning “constant” data rates and the
`
`like should be understood as subject to appropriate variation where VBR-encoded data
`
`may beinvolved.
`
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`[0026] Even if a user’s Internet connection has the requisite average bandwidth capacity
`
`to allow reception of the program, the actual rate of delivery of data to the user can
`
`fluctuate widely above, and more particularly, below, this average, as a function of the
`
`quality of the user’s connectivity at any given time. Internet connection quality can vary
`
`rapidly over time, with two primary factors responsible for degradation of the
`
`instantaneous bandwidth actually available to the user. These factors are the quality of
`
`the user’s Internet connection, which can have periods of interference causing reduced
`
`available bandwidth, and momentary Internet congestion at various points along the
`
`route over which the user’s data flows. Each of these factors can cause delays and
`
`interruptions in the transmission of data to the user. Internet data communications
`
`devices such as routers are designed to drop data packetsif they get overloaded. For
`
`material that is not time sensitive, these dropped packetswill usually be resent, and the
`
`user will eventually be presented with the material. However, since streaming media is
`
`time sensitive, dropped packets can havea significant impact on the receipt and
`
`playback of an audio or video stream. Such degradation in the receipt of Internet data is
`
`very common, and prevent most users from being able to listen to or view streaming
`
`media without interruption unless some special provisions have been incorporated into
`
`the user’s computer software to accommodate data transmission interruptions.
`
`[0027] There are two fundamental types of streaming media, which affect, in some
`
`respects, the requirements for smooth and continuous delivery: (i) material that
`
`originates from a source having a realtime nature, such as a radio or TV broadcast, and
`
`(ii) material that originates from a non-real-time source such as from a disk file. An
`
`example of non-real-time material might be a piece of music stored as a disk file, or a
`
`portion of a broadcast that originally was realtime, perhaps yesterday’s TV evening
`
`news, and was recorded into a disk file. For purposes of clarity within this document,
`
`streaming media of type (i) will be referred to as “real time” or “broadcast” media, and
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`streaming media of type (ii) will be referred to as “file based” media.
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`[0028] In many respects, both streaming media types are handled similarly in
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`conventional systems, and both are handled similarly (in a number of respects) by the
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`streaming media delivery system of the present invention. Nevertheless, the two
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`streaming media types are readily distinguished. Broadcast streaming media has as its
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`source a system or arrangementthat by definition can only be transmitted to users as
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`fast as the material is generated; for example, a disk jockey speaking into a microphone.
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`File based media, on the other hand, can be transmitted to users at any available data
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`rate, since in the context of data communications, the time required for reading a small
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`portion of data from a file residing entirely on a locally accessible, random access
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`storage device may be considered negligible.
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`[0029] In conventional systems for streaming media over the Internet, media data
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`(whether real-time or file based) is simply transmitted from the server to the user at the
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`rate at which it will be played out (the “playback rate”), regardless of the data rate
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`capabilities of the connection between the server and the user.
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`[0030] Conventional streaming media systems may incorporate server-side buffering
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`systems for programmatic purposes. For example, the system may buffer media data at
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`the server for the purpose of packet assembly/disassembly. Media data may also be
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`buffered at the server to permit programming conveniences such as dealing with blocks
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`of data of a specific size. However, conventional streaming media systems have not
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`utilized server-side buffering for the purpose of mitigating long term Internet
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`performance degradation. Rather, prior art systems, in which data is continuously
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`transmitted at the playback rate, have performed buffering for continuity purposes
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`solely on the user side, with the consequences discussed above of startup delays and
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`dropouts. The present invention addresses such shortcomings.
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`[0031] The present invention provides a system and method for delivering streaming
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`media, such as audio or video media, via the Internet or other communications medium.
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`Immediate playing of the media on a user’s computer is afforded, while reducing
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`interruptions in playback due to Internet congestion, and temporary modem delays due
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`to noisy lines. Nearly instantaneous playback is achieved, while maintaining protection
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`against playback interruption. Delayed starts, heretofore required to provide protection
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`against interruption, are avoided. Data lost due to interruptions in the receipt of media
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`data by the media player can be recovered while the player continues to play out the
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`audio or video material. If the interruptions are so severe as to deplete the user’s buffer
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`and stop the play out, the media player can quickly recover as well, by beginning to play
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`out again without waiting to first build up the buffer, as soon as the media player begins
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`to receive media data elements.
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`[0032] In one embodiment, the invention provides a system for distributing via the
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`Internet streaming media composed of a plurality of time-sequenced data elements. As
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`shown in FIG. 1, the system is provided with a server 12 connected to the Internet 10 for
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`transmitting the streaming media data elements. Associated with the server 12 is a
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`server buffer 14 for storing at least one of the data elements for transmission, and a
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`buffer manager 16. Buffer 14 is a conventional computer storage mechanism such as a
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`hard disk, as shown for convenience ofillustration, or, preferably, an electronic storage
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`arrangementsuch as Random Access Memory (RAM).
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`[0033] The media may come from a live source, shown as 26 in FIG. 1, or from a stored
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`file on the server 12, or another storage device, such as a hard drive.
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`[0034] A number of different implementations of such a server, involving different ways
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`of handling server buffer 14, will be discussed.
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`[0035] In the various implementations, there is in each case at least one user computer
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`18 (or similar device) connected to the server 12 via the Internet 10 or other data
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`communications medium. User computer 18 is associated with media player software
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`incorporating user buffer 20. The user buffer 20 is provided with means for storing a
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`predetermined number of the data elements. User buffer 20 is a conventional computer
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`storage mechanism such as a hard disk, or, preferably, an electronic storage
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`arrangementsuch as Random Access Memory (RAM) as suggested bythe illustration. A
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`buffer manager 22 is also associated with the user computer 18. The buffer manager 22,
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`having the form of softwareor firmware, is provided with means for receiving and
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`storing a predetermined number of media data elements which are received
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`sequentially by the media player, playing the data out sequentially as audio and/or
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`video, and deleting media data elements from the buffer as they are played out (or
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`displacing them by newlyarrived elements). As data is played out, the next sequential
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`data elements are received from the server in such a fashion as to approximately
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`maintain the predetermined number of data elements in the user’s buffer. It should be
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`understood that data might arrive at the media player out-of-sequence and that
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`processes in the media player or the media player buffer manager are responsible for
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`properly arranging this data.
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`[0036] Alternatively, user computer 18 may be replaced by an Internet radio or Internet
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`Appliance, which is comprised of a dedicated processor for receiving Internet radio or
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`audio/video material. Examples of such devices might range from familiar computing
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`devices such as palmtops, PDAs (Personal Digital Assistants), and wireless phones, to
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`devices that appear and operate similarly to conventional consumer electronic devices
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`such as radios and televisions, but with the additional capability of Internet access.
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`FIFO Server Buffer Implementation
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`[0037] There are a large number of ways of managing server buffer 14 in order to
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`implement the systems and methods described in this specification. In one
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`implementation, buffer manager 16 is adapted to effectively render server buffer 14 a
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`FIFO device. In this implementation, buffer manager 16 is provided in the form of
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`software or firmware that provides means for: receiving the media data; supplying
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`media data in order to the FIFO buffer; supplying the buffer 14 with a predetermined
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`number of data elements; maintaining pointers 24a through 24n into the buffer, one for
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`each user computer indicating the last media data element that has been sent to that
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`user, thus indicating the next element or elements to be sent; and, once the FIFO buffer
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`is full, deleting (or displacing) the oldest data elementin the buffer as each new data
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`elementis received. These means are arranged to maintain the pre-determined number
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`of data elementsin the FIFO buffer. Buffer Manager 16 may also comprise means for
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`digitizing, encoding, and packetizing the media data, and formatting media data
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`according to the requirements of buffer 14.
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`Data Window Buffer Implementation
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`[0038] If the media sourceis file based, such as a music clip stored as a disk file, and if
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`the disk file is stored on the server or an associated server computer, the server’s
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`connection to the source could be considered to be near instantaneous. In this case,
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`rather than audio/video datafilling and depleting the buffer 14, an amountof
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`audio/video data equivalent to the desired buffer size may be logically constituted as a
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`FIFO buffer. Such a construct is commonly called a data window. The data window
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`moves on a time-sequenced basis through the media datafile, thus defining the
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`contents of the buffer on a moment-by-moment basis and performing the equivalent
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`functions to receiving a new data element and deleting the oldest data element.
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`Example Buffering Methods
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`[0039] In an arrangement that receives media data directly or indirectly from a real-time
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`source, such as a radio station, server buffer 14 might be set to hold (for example) 30
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`seconds of media data. Because the source produces media data in real time, the media
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`data is delivered to the server approximately at the rateit is generated.
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`[0040] Of course, there can bevariability in this data delivery process due to
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`networking, disk accesses, and so on, causing the delivery rate of the media data to be
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`variable over short periods of time, typ