Prior art

Analysis of Prior Art Cited in U.S. Patent 8,949,206

The following analysis details the prior art references cited during the prosecution of U.S. Patent 8,949,206. Each reference is evaluated for its potential to anticipate the independent claims (1 and 14) of the '206 patent under 35 U.S.C. § 102. The priority date for the '206 patent is October 4, 2012.

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Key Concepts of Independent Claims 1 & 14

The core invention of the '206 patent, as defined by independent claims 1 (system) and 14 (method), involves four main steps:

1. Receiving: Acquiring a source descriptor file (e.g., MPD, m3u8) and its associated media segments.
2. Receiving Rules: Obtaining rules (e.g., content ratings, user profiles, timing information) that specify how to create different versions of the media presentation.
3. Creating New Descriptor Files: Manipulating the source descriptor file based on the rules to create multiple new descriptor files. This is done without transcoding the media or generating new content files.
4. Distributing: Sending the newly created descriptor files to downstream systems (e.g., CDNs, users).

A prior art reference must disclose all of these elements, either explicitly or inherently, to anticipate the claims.

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Analysis of Cited Prior Art

1. U.S. Patent Application Pub. No. US 2013/0054958 A1 ("Divx")

• Full Citation: US 2013/0054958 A1, "Systems and Methods for Performing Adaptive Bitrate Streaming Using Automatically Generated Top Level Index Files"
• Publication Date: February 28, 2013 (Filed August 31, 2011)
• Brief Description: The Divx reference describes a system for generating a "top-level index file" (analogous to a master playlist or MPD) that references multiple "track-level index files." This system allows for the creation of different versions of a media presentation by combining different track files (e.g., different languages, camera angles, or subtitle tracks). The top-level index file can be generated dynamically based on device capabilities or user preferences.
• Potential Anticipation: High. This reference appears to be highly relevant.
  • Claim 1 (System) & Claim 14 (Method): The Divx system receives track-level index files and associated media (fulfilling step 1). It uses device capabilities or user preferences as "rules" to generate a custom top-level index file (fulfilling step 2). The system then "automatically" generates this top-level index file by combining references to existing segments, which is a form of manipulation without transcoding (fulfilling step 3). Finally, this generated index file is provided to a client for streaming (fulfilling step 4). The core concept of creating a customized playlist from a master set of content based on rules is central to the Divx disclosure.

2. U.S. Patent No. 8,601,153 B2 ("Qualcomm")

• Full Citation: US 8,601,153 B2, "System and method for optimizing media playback quality for a wireless handheld computing device"
• Publication Date: December 3, 2013 (Filed October 16, 2009)
• Brief Description: The Qualcomm patent discloses a method for adaptive bitrate streaming where a server sends a "session description protocol" (SDP) file to a client. This SDP file contains information about different versions of the media (e.g., different bitrates). The server can modify this SDP file based on factors like network conditions or device capabilities before sending it to the client. The goal is to optimize the streaming experience.
• Potential Anticipation: Medium.
  • Claim 1 & 14: The system receives media and creates a descriptor file (the SDP file). It uses rules (network conditions, device capabilities) to modify this file. The modification happens without re-encoding the underlying media segments. The modified SDP file is then distributed to the client. While this aligns with the '206 patent's general framework, the "rules" described are primarily technical (network-focused) rather than content-based (like parental controls or ad insertion). However, the fundamental process of rule-based descriptor file manipulation is present.

3. U.S. Patent Application Pub. No. US 2012/0096083 A1 ("Huawei")

• Full Citation: US 2012/0096083 A1, "Method and apparatus for transmitting hypertext transfer protocol media"
• Publication Date: April 19, 2012 (Filed September 21, 2009)
• Brief Description: This Huawei application describes a system for HTTP adaptive streaming where a Media Presentation Description (MPD) file is generated and sent to a client. It explicitly discusses that the MPD file can describe different "periods," and that these periods can be used to construct a complete media presentation. It also describes selecting different "representations" based on criteria like bitrate.
• Potential Anticipation: Medium.
  • Claim 1 & 14: The reference clearly teaches the use of an MPD file (a descriptor file) and media segments (step 1). It discusses creating the MPD based on the available media. The creation can be influenced by client capabilities or network conditions (rules, step 2). The created MPD is then distributed (step 4). The key question is whether Huawei's disclosure enables the manipulation of a source MPD based on a broader set of rules (e.g., content ratings, user profiles) to create multiple, distinct versions (step 3), or if it only describes the initial generation of a single MPD for a streaming session. The '206 patent emphasizes creating multiple versions from a single source, and this reference may be interpreted as focusing more on the initial generation for a single playback context.

4. U.S. Patent Application Pub. No. US 2013/0117418 A1 ("Akamai")

• Full Citation: US 2013/0117418 A1, "Hybrid platform for content delivery and transcoding"
• Publication Date: May 9, 2013 (Filed November 6, 2011)
• Brief Description: Akamai's application describes a content delivery network (CDN) that can create different versions of content. It discloses receiving a manifest file (e.g., for HLS) and dynamically modifying it "on-the-fly" before delivering it to a client. This modification can be based on the requesting device type, network conditions, or other parameters. For instance, it can filter out streams that are not suitable for a particular device.
• Potential Anticipation: High.
  • Claim 1 & 14: This reference appears to disclose all the key elements. The system receives a manifest file and associated segments (step 1). It uses rules like device type or network conditions to decide how to alter the manifest (step 2). It then manipulates the manifest file on-the-fly, which is done without creating new content files (step 3). Finally, the modified manifest is delivered to the client (step 4). This process of dynamic manifest manipulation at the edge (in the CDN) is very close to the invention claimed in the '206 patent.

5. U.S. Patent Application Pub. No. US 2013/0142499 A1 ("DISH Digital")

• Full Citation: US 2013/0142499 A1, "Storage device management techniques for a remote storage digital video recorder that handles multiple bitrate content"
• Publication Date: June 6, 2013 (Filed December 6, 2011)
• Brief Description: This application from DISH focuses on managing DVR recordings in the cloud, where content is stored in multiple bitrates. It describes creating and managing playlists that point to different segments of the recorded content to enable features like dynamic ad insertion. A playlist can be modified to include or exclude ad segments.
• Potential Anticipation: Medium to High.
  • Claim 1 & 14: The system receives recorded content, which is segmented and available at different bitrates, along with a playlist (step 1). It uses rules for ad insertion to modify this playlist (step 2). The playlist is manipulated by adding or removing references to ad segments, without re-encoding the primary content (step 3). The modified playlist is then used to stream content to a user (step 4). The focus on modifying playlists for ad insertion is a direct example of creating different versions of a descriptor file based on rules.

Summary of Most Relevant Prior Art

The most significant prior art references cited during prosecution appear to be US 2013/0054958 A1 (Divx) and US 2013/0117418 A1 (Akamai).

• Divx (US 2013/0054958 A1) strongly teaches the creation of a "top-level" playlist by combining various "track-level" playlists based on user preferences or device capabilities. This is fundamentally the same concept as creating multiple descriptor files from a common set of segments and rules.
• Akamai (US 2013/0117418 A1) describes the on-the-fly manipulation of manifest files within a CDN based on rules, which directly maps to the process claimed in the '206 patent.

These references suggest that the core concept of dynamically generating or manipulating a media playlist/descriptor file based on certain rules, without altering the underlying media segments, was known in the art prior to the '206 patent's priority date. An argument for patentability of the '206 claims would likely hinge on a more specific interpretation of "manipulating" a source descriptor file versus generating a new one, or on the specific types of "rules" (e.g., content ratings, regional info) that were not explicitly detailed in the prior art.