throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner
`
`v.
`
`CONVERGENT MEDIA SOLUTIONS, LLC,
`Patent Owner
`____________
`
`IPR2016-00047
`Patent 8,640,183
`Method and Apparatus for Browsing Using Alternative Linkbases
`____________
`
`PETITIONER’S REPLY
`
`
`
`
`
`

`
`
`
`
`
`TABLE OF CONTENTS
`
`IPR2016-00047
`Patent 8,640,183
`
`A.
`
`I. Chen is prior art under 35 U.S.C. § 102(e). ................................................ 1
`The Chen provisional fully supports the Chen patent. ............................. 1
`The Chen provisional fully supports the citations to Chen in the
`’183 patent claim chart. ................................................................................... 9
`
`B.
`
`C.
`
`PO has not established that the ’183 patent is entitled to an
`effective filing date of May 10, 2002. ........................................................ 19
`
`II. Obviousness has been established with respect claims 1–5, 16, 18,
`24–26, 32–38, 40–42, 49, 51–53, 55, and 58–61 based on Chen and
`Elabbady.................................................................................................. 20
`
`A.
`
`PO concedes that Chen discloses “continuous media content”
`and first and second “computerized device sets.” ................................... 21
`
`C.
`
`B.
`
`Patent Owner’s arguments are narrower than the claims. ...................... 21
`The PDA of Chen can be modified by the PDA of Elabbady as
`set forth in the petition. .................................................................................. 24
`D. All instituted claims are unpatentable over Chen in view of
`Elabbady. .......................................................................................................... 25
`
`III. CONCLUSION....................................................................................... 25
`
`
`
`
`
`
`
`

`
`IPR2016-00047
`Patent 8,640,183
`
`The Board correctly found Chen in view of Elabbady renders claims 1–5,
`
`
`
`16, 18, 24–26, 32–38, 40–42, 49, 51–53, 55, and 58–61 obvious. Paper 15 (“Dec.”)
`
`at 14–22. Chen qualifies as prior art, at least because it is entitled to the benefit of
`
`the provisional filing, and also because Patent Owner (“PO”) failed to show full
`
`support for the ’183 patent in the provisional application filed May 10, 2002. The
`
`Board’s determination that the challenged claims are unpatentable remains
`
`unrefuted, and should be maintained.
`
`I.
`
`Chen is prior art under 35 U.S.C. § 102(e).
`U.S. Patent 8,479,238 (“Chen”), filed May 14, 2002, is prior art to the ’183
`
`patent for two reasons. First, Chen is entitled to the priority benefit of U.S.
`
`Provisional Patent Application 60/290,788, filed on May 14, 2001 (“the Chen
`
`provisional”), which is earlier than the earliest effective filing date of the ’183
`
`patent. Second, PO fails to demonstrate that U.S. Provisional Patent Application
`
`60/379,635, filed on May 10, 2002 (“the ’635 provisional”), fully supports the ’183
`
`patent claims. Therefore, the ’183 patent has an effective filing date after Chen’s
`
`actual filing date of May 14, 2002.
`
`A. The Chen provisional fully supports the Chen patent.
`Chen is entitled to the effective filing date of the provisional, May 14, 2001,
`
`
`
`because the Chen provisional fully supports all of Chen’s claims. For brevity, in
`
`
`
`1
`
`

`
`IPR2016—00047
`
`Patent 8,640,183
`
`the chart below the Chen claim elements are abridged, yet citations to the Chen
`
`provisional demonstrate exemplary support for the entire claim element:
`
`Chen Patent (EX1003)
`Claim Element
`
`Exemplary Support in Chen Provisional
`(EX1010)
`
`[l.A] A mobile system
`comprising:
`a processor;
`a graphic display;
`a display controller
`a network interface...
`
`Pg. 7, Fig. 4:
`
`[T]he user uses a personal remote (e. g., PDA) to
`find/select video or multimedia content to be
`delivered on a separate device
`the control device could play preview video. ..
`The data communications of the control device are
`
`preferably wireless and may employ Bluetooth,
`IEEE 802.11b infrared or other means.
`
`[1.B] (1) a video server...;
`
`Pg. 8:
`
`[V]ideo material is preferably digitized and
`compressed in a standard format such as MPEG-2
`and stored on a video server. . .The preferred
`embodiment maintains multiple versions of the
`video, and the highest possible quality version is
`selected
`
`[1.C] (2) a multimedia
`server. ..:
`
`Pg. 7, 116:
`
`The method involves retrieving video material
`from a multimedia database and associated video
`
`server.
`
`Pg. 8:
`
`During searching the multimedia database also
`generates content
`1) it conveys a summary or
`condensed representation of the video program
`for browsing, and 2) it acts as a dynamic control pad
`for initiating Video playback.
`
`The video is preferentially analyzed automatically to
`detect video shot boundaries and to record an
`
`

`
`IPR2016-00047
`Patent 8,640,183
`associated closed caption information.
`Additionally, LVASR can be used to obtain a
`transcription. Optionally, ancillary source material
`can be added to the database to improve the
`accuracy or to bring in other information suitable for
`indexing and retrieval of the video content.
`Examples include: offline
`transcriptions, manual annotations, topic
`classifications, post-production scripts, metadata
`such as actors' names, genera classifications,
`etc..”
`
`Pg. 9:
`
`For each television program in the database, the
`following multimedia data are stored on a server and
`are accessible via HTTP:
`• 6 Mbps MPEG-2 program stream,
`• JPEG frames and associated metadata (e.g. time
`within the broadcast that the frame was sampled,
`type of video transition) representing each scene,
`• program metadata including title, broadcaster, time
`and date the program aired,
`• closed caption text…
`
`Pg. 4:
`
`[M]ultimedia database which includes not only
`metadata such as program title etc., but also detailed
`content-specific index data that are extracted
`from the content either by automatic media
`processing techniques (e.g., video indexing, audio
`indexing), or manually by a human.
`
`See also Fig. 1 “Media Analysis - Metadata
`Extraction”
`See [1.C], pg. 8.
`
`
`[1.D] analyzing the video
`data …;
`
`
`
`3
`
`

`
`[1.E] extracting content
`data …;
`[1.F] extracting small
`segments …;
`
`[1.G] extracting the offline
`transcriptions; and
`[1.H] indexing video
`data …; and
`
`[1.I] (3) a plurality of video
`devices…; and
`
`IPR2016-00047
`Patent 8,640,183
`
`See [1.C], pg. 9.
`
`See [1.C], pg. 4.
`
`Pg. 8:
`
`The video is preferentially analyzed automatically
`to detect video shot boundaries and to record any
`associated closed caption information.
`Alternatively, another embodiment would break
`down video programs into smaller units such as
`topic or story boundaries…
`
`See also Figs. 1, 9.
`See [1.C], pg. 4.
`
`See [1.C], pg. 8.
`
`Pg. 9: “[P]rogram metadata including title,
`broadcaster, time and date the program aired.”
`Pg. 7:
`
`“[A] user interacts with a control device and
`observes video material on a video device such as
`a television monitor.”
`
`Pg. 8:
`
`The video device includes application software
`for receiving compressed video data over IP using
`either HTTP (TCP) or RTSP (UDP.)”
`
`Pg. 9:
`
`Alternatively, a protocol similar to ARP maybe used
`to determine the list of active video devices.
`
`
`
`4
`
`

`
`[1.J] a non-transitory
`computer-readable
`storage medium …:
`[1.K] receiving a user
`request …;
`[1.L] receiving a first user-
`specification …;
`
`[1.M] responsive to
`receiving the first user-
`specification,
`displaying…;
`
`[1.N] receiving a second
`user-specification…;
`
`[1.O] outputting…;
`
`
`
`IPR2016-00047
`Patent 8,640,183
`See Figs. 4, 6, “Main Screen” provides a search box
`in a software program running on a PDA…
`As there may be more than one video device that
`may be controlled by the control device, the user
`first specifies which video device is to be
`controlled. The list of available devices may be a
`predetermined list of device names maintained on
`an HTTP server.
`
`Pg. 10:
`
`Figure 5 shows the interface for specifying the
`video device that is to be controlled. In this
`example, the user has entered the video device name
`"NTV1".
`Preferably the interface would include a list of all
`available devices to which the user has access.
`Also, names entered by the user or selected
`previously can be presented to the user in a
`selectable list.
`Pg. 10:
`
`Figure 6 depicts the main or "home" screen after
`the video device has been selected. At
`the top of the screen are icons for device control.
`Pg. 10:
`
`On Figure 6 the user may enter a search term and
`may restrict the search to a particular broadcaster,
`program or date range. If the user selects the
`"Topics" link a list of common search terms is
`displayed (Figure 7.) If one of these topics is
`selected it has the same effect as if the term was
`entered into the search form in Figure 6.
`Once a search term has been specified (either by
`clicking on a term on the Topic screen, or by
`entering a term on the main screen and clicking
`"search") a list of programs that are relevant to
`that term are displayed as in Figure 8.
`Pg. 10:
`
`5
`
`

`
`IPR2016-00047
`Patent 8,640,183
`
`
`Once a search term has been specified (either by
`clicking on a term on the Topic screen, or by
`entering a term on the main screen and clicking
`"search") a list of programs that are relevant to
`that term are displayed as in Figure 8.
`Pg. 10–11, Fig. 9:
`
`After selecting a program from the list of programs
`shown in Figure 8, a display of the relevant
`content extracted from the video program is
`displayed as in Figure 9. In this example, the
`search term was "NASA", and the system has
`selected excerpts of the pictorial transcription
`that contain that term. If the user clicks on one of
`the images, the video will start playing on the video
`device at that point in the program. If the user
`selects one of the arrow icons, the full
`transcription is displayed as shown in Figure 10.
`At this point, the user may scroll the display and
`select an image to initiate video playback.
`
`See [1.C], pg. 8.
`
`Pg. 9:
`
`JPEG frames and associated metadata (e.g. time
`within the broadcast that the frame was sampled,
`type of video transition) representing each scene,
`program metadata including title, broadcaster, time
`and date the program aired, closed caption text,
`See [1.P], pg. 10–11, Figs. 9–10.
`
`At the top of the screen are icons for device control.
`These icons are linked via CGI URLs to control
`commands for (from left to right) stop, pause,
`volume up, volume down. In this embodiment, the
`buttons remain at the top of the screen whenever a
`video device has been selected for control.
`6
`
`
`
`[1.P] receiving a third user-
`specification…; and
`
`[1.Q] receiving a fourth
`user-specification….
`
`
`
`

`
`IPR2016-00047
`Patent 8,640,183
`
`See also [1.P], pg. 10–11.
`
`See also Figs. 6–11, showing four command icons
`remaining at the top of the graphic display.
`See [1.C] above.
`
`See also pg. 7:
`
`The method provides an intelligent and efficient
`means for users to easily find and navigate high
`quality video material, using another (preferably
`small, portable) device (e.g. a PDA), and based on
`detailed program-specific index…[T]he control
`device could play preview video…
`See [1.C], pg. 8.
`See [1.C], Pg. 8.
`See Fig. 2b “MM/Video Database”
`Pg. 7:
`
` …
`
` (preferably small, portable) device (e.g. a
`PDA), …. The remote control
`can be similar to today's high-end PDA devices,
`which are able of displaying dynamic content
`including graphic images.
`
`Pg. 8:
`
`In one embodiment of the invention, the control
`device is a Compaq iPAQ model 3650
`….
`Pg. 7–8:
`
`The data communications of the control device
`are preferably wireless and may employ
`Bluetooth, IEEE 802.11 b, infrared or other
`means. The video device is preferably connected to
`an IP network of at least 10 Mbps bandwidth and
`can decode compressed digital video. Wireless
`connectivity is also possible for the video device
`as well, but the wireless connection, if used, must be
`7
`
`2.
`
`3.
`4.
`5.
`6.
`
`7.
`
`
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`

`
`IPR2016-00047
`Patent 8,640,183
`of sufficient bandwidth to support video.
`
`Pg. 8:
`
`An expansion pack supports PCMCIA cards and an
`Orinoco 802.11 b wireless LAN card is used for
`data communications. An Orinoco network access
`point connects the wireless LAN to a 100 BaseT
`LAN.
`Pg. 9:
`
`As there may be more than one video device that
`may be controlled by the control device, the user
`first specifies which video device is to be controlled.
`
`Pg. 9–10:
`
`CGI syntax of name/value pairs is used for passing
`parameters from the control device to the
`video device as follows:
`Pg. 10–11:
`
` …
`
` a list of programs that are relevant to that
`term are displayed as in Figure 8.
`
`See also [1.P], pg. 10–11.
`
`See 1.
`
`See 2.
`See 3.
`See 4.
`See 5.
`See [1.K], [1.L].
`See 6.
`See 7.
`See [1.B], [1.C]: pg. 8, 9.
`See [1.H].
`
`
`8
`
`8.
`
`9.
`
`10.
`
`11.
`12.
`13.
`14.
`15.
`16.
`17.
`18.
`19.
`
`
`
`

`
`20.
`
`See 1.B .
`
`IPR20 1 6—00047
`
`Patent 8,640,183
`
`As demonstrated in detail above, the Chen provisional fully supports Chen.
`
`Moreover, the figures in the Chen provisional are identical to those of Chen cited
`
`in the Petition (Paper 1, “Petition”) with the exception of added or revised
`
`reference numbers in the Chen patent figures. Therefore, Chen has an effective
`
`filing date of May 14, 2001 and is prior art under 35 U.S.C. 102(e) based on.
`
`B.
`
`The Chen provisional fully supports the citations to Chen in the
`’183 patent claim chart.
`
`In addition to being entitled to the provisional priority date, the portions of
`
`the Chen patent cited in the petition are fully supported by the Chen provisional. In
`
`the chart below, claim elements and citations from the Chen patent as set forth in
`
`the Petition are mapped to the corresponding disclosure in the Chen provisional.
`
`For brevity, the 11111 text of the ’ 183 and Chen patents are not reproduced:
`
`’183 Patent
`Claim Element
`
`Chen provisional (EX-1001) Disclosure
`
`[1_P]
`
`Pg. 7, Fig. 4:
`
`[T]he user uses a personal remote (e_g., PDA) to find/select
`video or multimedia content to be delivered on a separate
`device (e_g., a network connected video monitor at the airport).
`
`The control device must be capable of data communications,
`but may do so at low bandwidth (such as less than 100 Kbps)
`...The data communications of the control device are
`
`preferably wireless and may employ Bluetooth, IEEE 802.l1b,
`infrared or other means.
`
`

`
`IPR2016-00047
`Patent 8,640,183
`
`Pg. 7–8:
`
`[A] user interacts with a control device and observes video
`material on a video device such as a television monitor.”
`The video device includes application software for receiving
`compressed video data over IP using either HTTP (TCP) or
`RTSP (UDP.)…
`The data communications of the control device are preferably
`wireless and may employ Bluetooth, IEEE 802.11 b, infrared
`or other means. The video device is preferably connected to an
`IP network of at least 10 Mbps bandwidth and can decode
`compressed digital video. Wireless connectivity is also
`possible for the video device as well, but the wireless
`connection, if used, must be of sufficient bandwidth to support
`video.
`Pg. 10:
`
`On Figure 6 the user may enter a search term and may restrict
`the search to a particular broadcaster, program or date range. If
`the user selects the "Topics" link a list of common search
`terms is displayed (Figure 7.) If one of these topics is selected
`it has the same effect as if the term was entered into the search
`form in Figure 6.
`Once a search term has been specified (either by clicking on a
`term on the Topic screen, or by entering a term on the main
`screen and clicking "search") a list of programs that are
`relevant to that term are displayed as in Figure 8.
`
`Pg. 10-11, Fig. 9:
`
`After selecting a program from the list of programs shown in
`Figure 8, a display of the relevant content extracted from the
`video program is displayed as in Figure 9. In this example, the
`search term was "NASA", and the system has selected
`excerpts of the pictorial transcription that contain that term. If
`the user clicks on one of the images, the video will start
`playing on the video device at that point in the program. If the
`user selects one of the arrow icons, the full transcription is
`displayed as shown in Figure 10. At this point, the user may
`scroll the display and select an image to initiate video
`10
`
`[1.A]
`
`
`
`

`
`IPR2016-00047
`Patent 8,640,183
`
`playback.
`
`Pg. 8:
`
`In addition to the metadata or information used for indexing,
`the video material is preferably digitized and compressed in a
`standard format such as MPEG-2 and stored on a video server.
`Other embodiments include digital video encoded for delivery
`at lower bitrates such as 300Kbps MPEG-4. The preferred
`embodiment maintains multiple versions of the video, and the
`highest possible quality version is selected based upon the
`available bandwidth and client terminal capabilities.
`Pg. 7:
`
`The control device must be capable of data communications,
`but may do so at low bandwidth (such as less than 100 Kbps)
`(Alternatively: the control device could play preview video,
`further, the device may be incapable of displaying color
`images or any images at all.) The data communications of the
`control device are preferably wireless and may employ
`Bluetooth, IEEE 802.11b, infrared or other means.
`
`See [1.P], [g. 7, Fig. 4.
`
`Pg. 10:
`
`Figure 5 shows the interface for specifying the video device
`that is to be controlled. In this example, the user has entered
`the video device name “NTV1”.Preferably the interface would
`include a list of all available devices to which the user has
`access. Also, names entered by the user or selected previously
`can be presented to the user in a selectable list.
`Pg. 9:
`
`As there may be more than one video device that may be
`controlled by the control device, the user first specifies which
`video device is to be controlled. The list of available devices
`may be a predetermined list of device names maintained on an
`HTTP server. (The list may be created at the time that the
`11
`
`
`
`[1.B]
`
`[1.C]
`
`
`
`

`
`IPR2016-00047
`Patent 8,640,183
`devices are installed.) Preferably, each video display device
`has a friendly name and there is a corresponding DNS entry
`that maps the friendly name to an lP address. Alternatively, a
`protocol similar to ARP maybe used to determine the list of
`active video devices.
`
`See [1.A], pg. 8.
`
`See [1.P], pg. 7–8.
`Pg. 4:
`
`It can be thought of as the next generation of interactive
`television remote control that enables the searching and
`browsing of video and multimedia content archives. The
`remote control can be similar to today's high-end PDA
`devices, which are able of displaying dynamic content
`including graphic images.
`
`See [1.B], pg. 7.
`
`Pg. 9:
`
`For each television program in the database, the following
`multimedia data are stored on a server and are accessible via
`HTTP:
`• 6 Mbps MPEG-2 program stream,
`• JPEG frames and associated metadata (e.g. time within the
`broadcast that the
`frame was sampled, type of video transition) representing each
`scene,
`• program metadata including title, broadcaster, time and date
`the program aired,
`• closed caption text,
`• data structures indicating pagination (Programs are divided
`into sets of HTML pages and these data structures include the
`number of pages, and indicate which captions and images
`appear on a given page. An index page is also represented. See
`US 6,098,082.)
`• Optionally: an offline transcription that has been
`synchronized with the broadcast(See US Patent application
`12
`
`[1.D]
`
`
`
`

`
`IPR2016-00047
`Patent 8,640,183
`"Generating Hypermedia Documents from Transcriptions of
`Television Programs Using Parallel Text Alignment.")
`
`See also Figs. 4–11.
`Pg. 9:
`
`For initiating and control of video playback the application
`software generates URLs, which pass parameters to a CGI
`application running under the HTTP server on the video
`device.
`A CGI syntax of name/value pairs is used for passing
`parameters from the control device to the video device as
`follows:
`• MediaURL- A URL, URN or URI indicating the video
`stream (typically an MPEG-2 program stream or an MPEG-1
`systems stream.) The protocol is specified also as either HTTP
`or RTSP. For example: http://videoserver/content.mpg or
`rtsp://videoserver/content.mpg
`
`Pg. 10–11, Figs. 9–10:
`
`If the user selects one of the arrow icons, the full transcription
`is displayed as shown in Figure 10. At this point, the user may
`scroll the display and select an image to initiate video
`playback.
`
`See also [1.A], pg. 10–11.
`
`See Figs. 4-11.
`
`Pg. 7:
`
`Other possible uses of the invention include pay-per-view
`video services on-the-go (e.g., airports) where the user uses a
`personal remote (e.g., PDA) to find/select video or multimedia
`content to be delivered on a separate device (e.g., a network
`connected video monitor at the airport)…
`[A] user interacts with a control device and observes video
`material on a video device such as a television monitor.
`
`
`13
`
`[1.E]
`
`[1.F]
`
`
`
`

`
`IPR2016-00047
`Patent 8,640,183
`
`Pg. 10:
`
`Figures 5 through 11 are screen shots from the control device
`and disclose one possible implementation of the invention.
`Figure 5 shows the interface for specifying the video device
`that is to be controlled. In this example, the user has entered
`the video device name "NTV1". Preferably the interface would
`include a list of all available devices to which the user has
`access. Also, names entered by the user or selected previously
`can be presented to the user in a selectable list. Figures 5
`through 11 are screen shots from the control device and
`disclose one possible implementation of the invention.
`
`See [1.E], pg. 9.
`
`Pg. 9:
`
`[A]pplication software generates content-rich user interfaces
`in HTML format for browsing the multimedia content and for
`initiating video playback.
`
`[2]
`
`
`
`14
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`

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`IPR2016-00047
`Patent 8,640,183
`
`Pg. 8:
`
`During browsing, the generated content serves two main
`purposes: 1) it conveys a summary or condensed
`representation of the video program for browsing, and 2) it
`acts as a dynamic control pad for initiating video playback.
`
`Pg. 9:
`
`For each television program in the database, the following
`multimedia data are stored on a server and are accessible via
`HTTP:
`
` •
`
` 6 Mbps MPEG-2 program stream,
`• JPEG frames and associated metadata (e.g. time within the
`broadcast that the frame was sampled, type of video transition)
`representing each scene,
`• program metadata including title, broadcaster, time and date
`the program aired,”
`
`Pg. 5:
`
`[C]ontrolling the replay of video and multimedia content
`stored at the customer premises or at a remote location.
`See [1.E], pg. 9.
`
`Pg. 8:
`
`While centralizing the video database offers economies of
`scale and ease of maintained, it is also possible that the video
`material can be stored locally (in close proximity to the users
`video device.).
`
`See also Figs. 4–11.
`
`15
`
`[3]
`
`[4]
`
`
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`

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`IPR2016-00047
`Patent 8,640,183
`
`See [1.F], pg. 9–10.
`
`Pg. 10:
`
`VideoDevice- an IP address name or number indicating the
`device which is being directed to display the video
`• StartTime- the video play position in units of floating point
`seconds since the start of the media. The decoder application
`may round this value down to the nearest feasible starting
`point (e.g. integer seconds.) If omitted, StartTime is assumed
`to be zero.
`• Volume- volume amplitude on a linear scale from 0 to 100.
`• Reply parameter may take on one of the following values
`o Yes ~ send a status message response in HTML format via
`HTTP
`o No- issue an HTTP 204 (no response) message
`AT&T- PROPRIETARY
`Use pursuant to Company Instructions
`• Command parameter may take on one of the following
`values:
`o play - play at the given StartTime
`o stop - stop the video and blank the screen
`o mute - set volume to 0
`o volup- increase the volume 10 units
`o voldown -decrease the volume 10 units
`o volume- set the volume using the given Volume
`o pause - stop the video, freezing on the current video frame
`
`See also Figs. 4–11.
`Pg. 4:
`
`[M]ultimedia database which [sic] includes not only metadata
`such as program title etc., but also detailed content-specific
`index data that are extracted from the content either by
`automatic media processing techniques (e.g., video indexing,
`audio indexing), or manually by a human.
`
`Pg. 8:
`
`The video is preferentially analyzed automatically to detect
`16
`
`[5]
`
`[24]
`
`[25]
`
`[26]
`
`
`
`

`
`IPR2016-00047
`Patent 8,640,183
`video shot boundaries and to record any associated closed
`caption information. Additionally, LVASR can be used to
`obtain a transcription. Optionally, ancillary source material
`can be added to the database to improve the accuracy or to
`bring in other information suitable for indexing and retrieval
`of the video content. Examples include: offline transcriptions,
`manual annotations, topic classifications, post-production
`scripts, metadata such as actors' names, genera classifications,
`etc.
`
`The system incorporates a content generation or rendering
`engine as disclosed in US Patent #6,098,082, which is used to
`generate content for remote devices. During searching the
`multimedia database also generates content to help the user
`quickly navigate to the desired program (see figures). During
`browsing, the generated content serves two main purposes: 1)
`it conveys a summary or condensed representation of the video
`program for browsing, and 2) it acts as a dynamic control pad
`for initiating video playback.
`
`Pg. 9: “[P]rogram metadata including title, broadcaster, time
`and date the program aired.”
`See [1.P], pg. 7–8.
`
`Pg. 7–8:
`
`The video device includes application software for receiving
`compressed video data over IP using either HTTP (TCP) or
`RTSP (UDP.) The software also listens on a socket for control
`commands such as STOP, PAUSE, etc. The preferred control
`protocol is HTTP, although a custom protocol has also been
`implemented.
`
`See [1.F]. pg. 9.
`
`Pg. 8:
`
`In one embodiment of the invention, the control device is a
`Compaq iPAQ model 3650 running the Microsoft PocketPC
`(Windows CE) operating system. An expansion pack supports
`17
`
`[34]
`
`
`
`

`
`IPR2016-00047
`Patent 8,640,183
`PCMCIA cards and an Orinoco 802.11 b wireless LAN card is
`used for data communications. An Orinoco network access
`point connects the wireless LAN to a 100 BaseT LAN.
`See [1.F], pg. 9.
`
`See [1.D], pg. 9.
`
`Pg. 8:
`
`[I]ntelligent content distribution networks can be utilized to
`efficiently distribute the content form the source to the
`consumers.
`See [1.C], pg. 8.
`
`
`
`See [1.D], pg. 9.
`
`See [1.A], pg. 10–11.
`
`
`
`See [1.E], pg. 9.
`See [1.F], pg. 10.
`
`See also Figs. 4–11.
`See [1.E], pg. 9.
`
`
`[35]
`
`[36]
`
`[49]
`
`[51]
`
`[52]
`
`[53]
`
`[58.P] - [58.F]
`[59.P] - [59.F]
`[60.P] - [60.E]
`[61]
`
`
`
`See [1.P] – [1.F], respectively.
`See [1.P] – [1.F], respectively.
`See [1.P] – [1.F].
`See [1.A] and [1.B].
`18
`
`

`
`IPR2016-00047
`Patent 8,640,183
`As shown above, the Chen provisional rejects the claims of the ’183 patent,
`
`
`
`and the Chen patent is prior art under 35 U.S.C. 102(e).
`
`C.
`
`PO has not established that the ’183 patent is entitled to an
`effective filing date of May 10, 2002.
`
`
`
`Despite efforts in the Patent Owner’s Response (Paper 16, “Response”), PO
`
`has failed to establishing that the ’183 patent is entitled to the priority benefit of the
`
`’635 provisional filing date. All other priority dates claimed in the ’183 patent are
`
`after Chen’s actual filing date of May 14, 2002, and therefore Chen qualifies as
`
`prior art under 35 U.S.C. 102(e) even if Chen’s provisional filing date is not
`
`recognized.
`
`
`
`In particular, claim element 1F (and corresponding elements 58F, 59F, and
`
`60E) contains a negative limitation that is not supported by the cited passages of
`
`the ’635 provisional: “the continuous media content is not presented on the second
`
`computerized device set (CDS) during presentation on the first computerized
`
`device set” (emphasis added).
`
`
`
`While the cited portion of the ’635 provisional mentions determining “what
`
`resources to be presented where” (Response, at 44–45), the ’635 provisional does
`
`not affirmatively support the claimed requirement of “not presenting” (i.e.,
`
`excluding) the continuous media content on the second CDS during presentation
`
`on the first CDS. Instead, the cited portion of the ’635 provisional merely discloses
`
`selecting resources for continuous media playback, which could encompass
`
`
`
`19
`
`

`
`IPR2016-00047
`Patent 8,640,183
`selecting one device at a time. But PO has not demonstrated that the ’635
`
`provisional discloses “not presenting” (excluding) playback on multiple devices
`
`such as the first CDS and second CDS.
`
`
`
`This element is not trivial, as it was added to each independent claim in an
`
`Examiner’s Amendment to place the application in condition for allowance.
`
`EX1007 at 25–35.
`
`
`
`In view of PO’s failure to demonstrate explicit or implicit support in the
`
`’635 provisional, the Board should decline to recognize the ’635 provisional
`
`priority date, and determine that the ’183 patent has an effective filing date later
`
`than Chen’s actual filing date of May 14, 2002.
`
`II. Obviousness has been established with respect claims 1–5, 16, 18, 24–26,
`32–38, 40–42, 49, 51–53, 55, and 58–61 based on Chen and Elabbady.
`
`
`
`PO’s arguments in the Response rely upon narrow claim interpretations, and
`
`involve fabricated distinctions between the claims and Chen in view of Elabbady
`
`that are not reflected in the claim language. Thus, PO fails to demonstrate how
`
`Chen and Elabbady fail to disclose or suggest the claim elements when given their
`
`broadest reasonable interpretation (“BRI”), the applicable standard in this
`
`proceeding, and the Board should find the instituted claims unpatentable.
`
`
`
`20
`
`

`
`IPR2016-00047
`Patent 8,640,183
`PO concedes that Chen discloses “continuous media content” and
`first and second “computerized device sets.”
`
`A.
`
`
`
`In the Response, PO concedes that “continuous media content” (“CMC”) in
`
`the claims broadly encompasses Chen’s “video data” and “multimedia data,”
`
`which include videos and preview videos, respectively. Response, at 5, 13. PO also
`
`concedes that control device 212 and video device 218 of Chen are second and first
`
`computerized device sets (“CDSs”), respectively, within the scope of the ’183
`
`patent claims. Id. at 13–14. Therefore, PO must also agree that control device 212
`
`presents CMC.
`
`Despite these concessions, PO alleges that Chen is distinguishable, but PO’s
`
`arguments fail to account for the BRI of the claims. Indeed, claim 1 is broader than
`
`the PO argues and Chen discloses devices that are all capable of presenting CMC
`
`such as video.
`
`Patent Owner’s arguments are narrower than the claims.
`
`B.
`PO argues a narrower interpretation of the claims that runs counter to the
`
`BRI. For example, PO attempts to distinguish claim 1 by alleging that control
`
`device 212 in Chen does not present “video data,” and that video device 218 does
`
`not present “multimedia data.” Id. In section III.C., PO also argues that “‘[p]review
`
`video,’ a type of multimedia data, is only playable on control device 212…” Id.,
`
`at 9-12, discussing element [1.A] of the ’183 patent. These arguments improperly
`
`
`
`21
`
`

`
`IPR2016-00047
`Patent 8,640,183
`rely on a narrow interpretation of the claims, and are inconsistent with PO’s
`
`concessions discussed above.
`
`
`
`Claim 1 discloses presenting CMC on the first CDS when the first CDS is
`
`selected, and presenting CMC on the second CDS when the second CDS is
`
`selected. ’183 patent, [1.D], [1.E]. As shown in the claim charts and explained in
`
`the Petition, Chen discloses presenting preview videos and images (CMC) on
`
`control device 212 (the second CDS of claim 1), and presenting video data (CMC)
`
`on video device 218. See Petition, at 12, 18, 19, and 22. As discussed above, PO’s
`
`concedes that both “multimedia data” and “video data” in Chen are CMC, and that
`
`control device 212 and video device 218 in Chen are CDSs. Elabbady modifies the
`
`video playback capabilities PDA of Chen to include playing Chen’s video data.
`
`Id., at 15-16. The ’183 patent claims do not require that both CDSs play
`
`multimedia data and video data, because they broadly cover the concept of
`
`presenting CMC on

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