Unified Patents v. Convergent Media Solutions, IPR2016-00047

7/23/2019 Unified Patents v. Convergent Media Solutions, IPR2016-00047

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Filed on behalf of: Unified Patents Inc.

By: P. Andrew Riley

Joshua D. Goldberg

Kai Rajan

Finnegan, Henderson, Farabow,

Garrett & Dunner, L.L.P.

901 New York Avenue, NW

Washington, DC 200014413

Telephone: 202-408-4000

Email: [email protected]

Jonathan Stroud

Unified Patents Inc.

1875 Connecticut Ave. NW, Floor 10

Washington, D.C., 20009Telephone: 202-805-8931

Email: [email protected]

UNITED STATES PATENT AND TRADEMARK OFFICE

____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD

____________

UNIFIED PATENTS INC.,

Petitioner

v.

CONVERGENT MEDIA SOLUTIONS, LLC,

Patent Owner

____________

IPR2016-00047Patent 8,640,183

Method and Apparatus for Browsing Using Alternative Linkbases

____________

PETITION FORINTER PARTESREVIEW OF U.S. PATENT 8,640,183


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TABLE OF CONTENTS

I. INTRODUCTION ................................................................................... 1

II. MANDATORY NOTICES ....................................................................... 2

A. Real Party-in-Interest ....................................................................................... 2

B. Related Matters ................................................................................................. 2

C. Lead and Back-Up Counsel, and Service Information............................. 3

III. FEE PAYMENT ....................................................................................... 3

IV. STATEMENT OF PRECISE RELIEF REQUESTED .......................... 3

A.

Claims for Which Review Is Requested...................................................... 3

B. Statutory Grounds of Challenge .................................................................... 3

C. The Level of Ordinary Skill in the Art at the Time of the

Claimed Invention ............................................................................................ 4

V. THE 183 PATENT .................................................................................. 4

A. Overview of the Disclosure ............................................................................ 4

B. Prosecution History .......................................................................................... 5

VI. GROUNDS FOR STANDING ................................................................. 6

VII. STATEMENT OF PRECISE RELIEF REQUESTED FOREACH CLAIM CHALLENGED .............................................................. 6

A. Claims for Which Review is Requested...................................................... 6

B. Statutory Grounds of Challenge .................................................................... 7

C. Claim Construction .......................................................................................... 7

Unified Media Selection and Presentation User1.

Interface ................................................................................................ 7


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VIII. CLAIMS 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 OFTHE 183 PATENT ARE UNPATENTABLE UNDER 35 U.S.C. 103(a) ...................................................................................................... 9

A. Chenis Prior Art Under 35 U.S.C. 102(e) ............................................... 9

B. Elabbadyis Prior Art Under 35 U.S.C. 102(e) ....................................... 9

C. Meade is Prior Art Under 35 U.S.C. 102(e) ............................................ 9

D. Ground 1: Chenin view ofElabbadyrenders claims 1-5, 16,

18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 obvious.................... 9

Implementation of Chens Second Computerized Device1.

Set ........................................................................................................... 14

Implementation of Chens Discovery Protocol............................162.

E. Ground 2:Meadein view ofElabbadyrenders claims 1, 16, 18,

24, 32, 33, 37, 38, 41, 55, 58, 59, and 60 obvious...................................37

Implementation ofMeades Second Computerized1.

Device Set .............................................................................................40

Implementation ofMeades Discovery Protocol.........................422.

Implementation ofMeades Resource Indicator..........................44

3.

IX. CONCLUSION....................................................................................... 60


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TABLE OF AUTHORITIES

Page(s)

Cases

Convergent Media Solutions LLC v. AT&T Inc.,

3-15-cv-02156 (N.D. Tex.) .................................................................................. 2

Convergent Media Solutions LLC v. Hulu, Inc.,

3-15-cv-02158 (N.D. Tex.) .................................................................................. 2

Convergent Media Solutions LLC v. Netflix Inc.,

3-15-cv-02160 (N.D. Tex.) .................................................................................. 2

Phillips v. AWH Corp.,

415 F.3d 1303 (Fed. Cir. 2005) (en banc) ............................................................ 7

Federal Statutes

35 U.S.C. 103(a) ............................................................................................. 4, 7, 9

35 U.S.C. 311 ......................................................................................................3, 7

Regulations

37 C.F.R. 42.8(b)(1) ................................................................................................ 2

37 C.F.R. 42.15(a) ................................................................................................... 3

37 C.F.R. 42.100(b) ................................................................................................7

37 C.F.R. 42.103(a) ................................................................................................. 3

37 C.F.R. 42.104(a) .................................................................................................6


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LIST OF EXHIBITS

Exhibit Description

EX1001 U.S. Patent No. 8,640,183 B2 to Richard Reisman

EX1002 Declaration of Jon Weissman, Ph.D.EX1003 U.S. Patent No. 8,479,238 B2 to Chen, et al. (Chen)

EX1004 U.S. Patent No. 7,483,958 B1 to Elabbady, et al. (Elabbady)

EX1005 U.S. Patent Application Publication No. 2003/0073412 to William

K. Meade, II (Meade)

EX1006 Merriam-Websters Collegiate Dictionary (10th ed. 2000) (definition

of unified)

EX1007 Excerpts of Prosecution History for U.S. Patent No. 8,640,183

EX1008 Petitioners Voluntary Interrogatory Responses

EX1009 Microsoft Computer Dictionary (5th ed. 2002) (definitions of

UPnP and URL)


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I. INTRODUCTION

Petitioner Unified Patents Inc. (Unified) requests Inter Partes Review

(IPR) of claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 of

U.S. Patent No. 8,640,183 (the 183 patent) assigned to Convergent Media

Solutions, LLC (Convergent) (EX1001).

The 183 patent, which has a filing date of October 26, 2012 and a priority

date of May 10, 2002, describes systems and methods for navigating hypermedia

using multiple coordinated input/output device sets. EX1001 at Abstract. The 183

patent suggests that it uniquely fills gaps in interactive media control, id. at

1:30-35, 2:63-3:4, by providing user interfaces for controlling what resources (e.g.

media) are presented on which device sets.Id.at 3:15-20.

Technologies that enable media selection and device selection were well-

known in the art. The claimed first and second computerized device sets are

devices such as a television and personal digital assistant, respectivelyelectronic

devices that have been used for decades. As the 183 patent concedes, innovators

since the 1990s focused on converging television and computer technologies. Id.

at 1:30-32. Other facets of the 183 patent, such as discovery information and

resource indicators, are known in Universal Plug and Play and networked media

systems. Indeed, the 183 patent specification concedes that aspects of the claims

are based on known standards and prior art systems. See e.g., id.at 37:46-55. Thus,


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technologies that enable selecting media for presentation on another device were

well-known prior to the application for the 183 patent and its priority date.

Years before the 183 patents effective filing date, a myriad of prior art

patents and printed publications disclosed the claimed combination of elements. As

this petition demonstrates, the disclosures of Chen(EX1003),Elabbady(EX1004),

andMeade(EX1005), among other patents and publications, warrant cancellation

of claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61.

II.

MANDATORY NOTICES

A.

Real Party-in-Interest

Pursuant to 37 C.F.R. 42.8(b)(1), Petitioner certifies that Unified is the real

party-in-interest, and further certifies that no other party exercised control or could

exercise control over Unifieds participation in this proceeding, the filing of this

petition, or the conduct of any ensuing trial. In this regard, Unified has submitted

voluntary discovery. See EX1008 (Petitioners Voluntary Interrogatory

Responses).

B. Related Matters

Upon information and belief, the 183 patent was asserted in the following

cases: Convergent Media Solutions LLC v. AT&T Inc., 3-15-cv-02156 (N.D. Tex.),

Convergent Media Solutions LLC v. Hulu, Inc., 3-15-cv-02158 (N.D. Tex.), and

Convergent Media Solutions LLC v. Netflix Inc., 3-15-cv-02160 (N.D. Tex.).


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C. Lead and Back-Up Counsel, and Service Information

The signature block of this petition designates lead counsel, backup counsel,

and service information for each petitioner. Unified designates P. Andrew Riley

(Reg. No. 66,290) as lead counsel and designates Joshua L. Goldberg (Reg. No.

59,369) and Kai Rajan (Reg. No. 70,110) as backup counsel. All can be reached at

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, 901 New York Avenue,

NW, Washington, DC 20001-4413 (phone: 202.408.4000; fax: 202.408.4400).

Unified also designates as backup counsel Jonathan Stroud (Reg. No. 72,518).

Petitioner consents to e-mail service at [email protected].

III.

FEE PAYMENT

The required fees are submitted under 37 C.F.R. 42.103(a) and 42.15(a).

If any additional fees are due during this proceeding, the Office may charge such

fees to Deposit Account No. 060916.

IV. STATEMENT OF PRECISE RELIEF REQUESTED

A.

Claims for Which Review Is Requested

Petitioner requests IPR and cancellation of claims 1-5, 16, 18, 24-26, 32-38,

40-42, 49, 51-53, 55, and 58-61 of the 183 patent under 35 U.S.C. 311.

B.

Statutory Grounds of Challenge

Petitioner requests that the Board hold claims 1-5, 16, 18, 24-26, 32-38, 40-

42, 49, 51-53, 55, and 58-61 unpatentable as follows:


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Ground Proposed Statutory Rejections for the 183 Patent Exhibit No(s).

1

Claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55,

and 58-61 are obvious under 103(a) over U.S. Patent

No. 8,479,238 to Chen, et al. (Chen) in view of U.S.

Patent No. 7,483,958 to Elabbady, et al. (Elabbady).

EX1003,

EX1004

2

Claims 1, 16, 18, 24, 32, 33, 37, 38, 41, 58, 59, and 60

are obvious under 103(a) over U.S. Patent

Application Publication No. 2003/0073412 to William

K. Meade, II (Meade) in view ofElabbady.

EX1005, EX

1004

C. The Level of Ordinary Skill in the Art at the Time of the Claimed

Invention

The 183 patent claims priority to U.S. Provisional Application No.

60/379635, filed May 10, 2002. At that time, a person having ordinary skill in the

art (hereafter, POSA) of hypermedia browsing and control (i.e., in the art for the

183 patent) would have (i) a B.S. degree in computer engineering, computer

science, or equivalent training, and (ii) approximately two years of experience or

research related to computer networking. SeeEX1002 at 23.

V.

THE 183 PATENT

A.

Overview of the Disclosure

The 183 patent describes systems and methods for navigating hypermedia

using multiple coordinated input/output device sets. EX1001 at Abstract. The

device sets may include personal computing (PC) devices such as Personal Digital

Assistants (PDAs), and televisions (TVs).Id. at 16:28-43, 19:32-47.

Hypermedia may include any kind of media that may have the effect of a

non-linear structure of associated elements, and includes graphics, video, and


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sound.Id.at 7:13-22. Notably, none of the claims require or recite hypermedia.

Instead, the claims recite continuous media, which broadly encompasses any

representation of content elements that have an intrinsic duration, that continue

(or extend) and may change over time, including one or more of audio data,

video data, animation, virtual reality data, hybrid natural and synthetic video

data, including both stored format and streams or streaming transmission

formats.Id. at 20:5-12.

B.

Prosecution History

The application was filed on October 26, 2012, EX1007 at 160-510, and

claimed the priority of multiple non-provisional and provisional applications, the

earliest of which was U.S. Provisional Application No. 60/379,635, filed on May

10, 2002.Id.at 460. Thus, the 183 patent may have an effective filing date of May

10, 2002, pending full support in the provisional application.

The Examiner opened prosecution in June of 2013, by restricting the original

three claims. EX1007 at 123-128. In response, Applicant cancelled one claim, and

added 61 new claims to the remaining two claims. Id. at 94-117. Nearly 60 of the

new claims were distinct and did not have overlapping or duplicate subject matter.

The Examiner conducted a brief search, unnecessarily confined to class 725, for

words within the specification, and not for prior art. Id. at 47-48 (Ref. Nos. S1-S9).

In September of 2013, the Examiner proposed claim amendments during an


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Examiner-initiated interview (EX1007 at 36), and then mailed a Notice of

Allowance on September 18, 2013. Id. at 18-35. In the Examiners Amendment,

the Examiner failed to cancel dependent claims that recited the same elements as

those incorporated into the independent claims, such as dependent claims 46 and

47. More remarkable, the Examiner never rejected any of the claims. In the Notice

of Allowance, the Examiner declined to identify the allowable aspects of the

claims, and instead vaguely stated that [t]he prior art of record fails to neither (sic)

disclose nor sufficiently suggest the combination of features as claimed and

arranged by applicant.Id.at 34.

VI. GROUNDS FOR STANDING

Petitioner certifies that the 183 patent is available for IPR and that the

Petitioner is not barred or estopped from requesting IPR challenging the 183

patent on the grounds identified. See 37 C.F.R. 42.104(a). Specifically: (1)

Petitioner is not the owner of the 183 patent; (2) Petitioner is not barred or

estopped from requesting IPR; and (3) Petitioner has not been served with a

complaint alleging infringement of the 183 patent.

VII.

STATEMENT OF PRECISE RELIEF REQUESTED FOR EACH

CLAIM CHALLENGED

A. Claims for Which Review is Requested

Petitioner respectfully requests review under 35 U.S.C. 311 of claims 1-5,

16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 of the 183 patent, and their


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cancellation as unpatentable.

B. Statutory Grounds of Challenge

Claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 are

challenged as unpatentable under 35 U.S.C. 103(a). The claim construction,

reasons for unpatentability, and specific evidence supporting this request are

detailed below.

C. Claim Construction

Claim terms are given their ordinary and customary meaning as understood

by a POSA. Phillips v. AWH Corp., 415 F.3d 1303, 1312-13 (Fed. Cir. 2005) (en

banc). A claim in an unexpired patent subject to inter partes review receives the

broadest reasonable construction in light of the specification of the patent in

which it appears. 37 C.F.R. 42.100(b). The majority of the claims are common

terms that deserve their ordinary and customary meaning. Unified suggests the

following term from the claims of the 183 patent requires construction.1

Unified Media Selection and Presentation User Interface1.

Independent claims 1, 58, 59, and 60 all specify that the first user interface

and the second user interface together comprise a unified media selection and

presentation user interface. EX1001 at 164:65-165:1, 169:6-9, 57-60, 140:44-47.

1The broadest reasonable interpretation should be applied to any claim terms not

addressed below.


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The term unified is not defined or even recited anywhere in the specification,

except in 103:35-42, where the term is used in a different context of unified

messaging services. The term unified is also not defined anywhere in the

dependent claims, and only appears in dependent claim 47, which merely

duplicates elements from independent claim 1. The dictionary definition of

unified is ma[d]e into a unit or a coherent whole. EX1006. The independent

claims specify that the unified media selection and presentation user interface

includes controls for (1) selecting continuous media content and (2) selecting one

of the first or second computerized device sets for presentation of the continuous

media content. EX1001, claims 1, 58, 59, 60. Taken in the context of the

specification and the claims, which are directed to a first and second user interface,

the phrase unified media selection and

presentation user interface should be

construed to mean a coherent set of user

interfaces for selecting media and selecting

a presentation device. EX1002 at 26-27. This construction is consistent with

FIG. 3 of the 183 patent, which shows typical displays and user interface

display layouts according to certain embodiments of the present invention.

EX1001 at FIG. 3, 3:37-39. A portion of FIG. 3 illustrates the coherent set of user

interfaces for selecting media, as used in a personal digital assistant (PDA):

Portion of 183 Patent

EX1001), FIG. 3


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VIII. CLAIMS 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53, 55, and 58-61 OF

THE 183 PATENT ARE UNPATENTABLE UNDER 35 U.S.C.

103(a)

A. Chenis Prior Art Under 35 U.S.C. 102(e)

U.S. Patent No. 8,479,238 (EX1003, Chen), filed on May 14, 2002, claims

priority to U.S. Provisional Patent Application No. 60/290,788, filed on May 14,

2001. Chen is prior art under at least 35 U.S.C. 102(e) based on at least its

domestic priority date of May 14, 2001.

B. Elabbadyis Prior Art Under 35 U.S.C. 102(e)

U.S. Patent No. 7,483,958 (EX1004, Elabbady), filed on March 26, 2002,

claims priority to U.S. Provisional Patent Application No. 60/278,804, filed on

March 26, 2001.Elabbady is prior art under at least 35 U.S.C. 102(e) based on at

least its domestic priority date of March 26, 2001.

C.

Meade is Prior Art Under 35 U.S.C. 102(e)

U.S. Patent Application Publication No. 2003/0073412 (EX1005, Meade),

filed on October 16, 2001. Meade is prior art under at least 35 U.S.C. 102(e)

based on its filing date of October 16, 2001.

D. Ground 1: 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

Chendiscloses control of multimedia playback, just like the 183 patent.

See EX1003 Title. FIG. 3 of Chen shows an exemplary network topology

including a Control Device 212, in communication with a Video Device 218:


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EX1004, FIG. 3

Control Device 212 can include a portable computerized device such as a personal

digital assistant (PDA) (claim 37) or a tablet computer (claim 40) capable of

playing multimedia data such as, preferably, still images, text, preview videos, or

the like. EX1003 at 4:47-60. In Chens system, Control Device 212 serves as a

dynamic control pad for initiating video playback. Id. Control Device 212

communicates with other components (such as Video Device 218) via network

216, which may operate using wireless protocols such as Bluetooth, IEEE,

802.11b, infrared protocols, or other wireless protocols.Id. at 4:55-58. Network

216 may include an Internet Protocol (IP) network.Id. at 65-66. 802.11b is known

as a version of WiFi, to people of ordinary skill in the art (POSA) of wireless data

networks. EX 1002 at 33.

Control device 212 includes a display screen that provides multiple user

interfaces for selecting content and for controlling playback on video device 218.


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EX1003 at FIGS. 4-10. Chen discloses having more than one video

device controlled by the [same] control device.Id.at 5:13-14.

An exemplary graphical user interface displayed on control device 212

provides multimedia data representing video data for browsing and selection for

playback. EX1003 at 8:1-10. An example of this

graphical user interface is illustrated in FIG. 7 of

Chen (reproduced at the right). Video data

relative to a search term is displayed, so that the

consumer can browse available videos, and select

a particular video from the list. Id. at 4:32-35.

Represented video data can be stored in a

centralized video database, or stored locally and

proximate to the video device 218.Id. at 5:31-32,

7:66-:810. Represented video data can include

videos encoded according to a standard such as

the Moving Picture Experts Group (MPEG)a

type of encoded video.Id. at 3:35-38; EX1002 at

35.

In addition to displaying a listing of

multimedia programs, the user interface displayed

EX1003, FIG. 7

EX1003, portion of FIG. 4


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on the control device 212 includes multimedia content data based on the content of

the video data. EX1003 at 3:21-29. The multimedia content data can include still

images, preview videos, and detailed information about the video data.Id.

A consumer may select a particular video data (such as a television program)

for playback, from the displayed multimedia data.Id. at 8:3-10.

Prior to selecting the video data, control device 212 may display another

exemplary graphical user interface to allow the user to specify a video device for

viewing multimedia. EX1003 at FIG. 4 (reproduced to the right). A single control

device 212 may control multiple video devices.Id.at 5:13-14.

Control device 212 displays the user interfaces illustrated in FIGS. 4 and 8

as part of a coherent set of user interfaces for selecting media for playback and for

selecting a presentation device, and thus Chendiscloses a unified media selection

and presentation interface. See EX1002 at 39.

Video device 218 may include a television (claims 38, 41) or computer

monitor that plays video. EX1003 at 5:4-5. Video device 218 is capable of

decoding compressed video data, including MPEG video (claim 42). Video device

218 communicates with the system, including with control device 212, using a

wireless connection with sufficient bandwidth to support playback of digital video

data. Id. at 5:5-9. Chen discloses storing multiple versions of the video data in

various formats, so that the highest possible quality version may be delivered and


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played on a video device. The video quality is determined based on the capability

of the video device 218 to receive the video data, including the available

bandwidth for the video device and the video device capabilities.Id. at 3:38-42.

Chen discloses using a protocol similar to an Address Resolution Protocol

(ARP) to discover nearby devices and determine which video devices 218 are

active and capable of receiving and playing video. EX1003, at 7:13-25. When a

user accesses the user interface shown in FIG. 4 (reproduced above), the control

device 212 provides a list of available video devices to which the consumer has

access.Id.The consumer inputs a selection of an available video device, and the

selected video device receives selected video data to begin playback.Id.at 7:4-25.

After the consumer selects a playback video device and then selects the video data,

control device 212 generates and transmits URLs (claim 55) to the video device

218.Id.at 6:43-54. The generated URL can include a MediaURL and other

parameters which facilitate retrieval of the video data for playback on the selected

video device 218.Id. Control device 212 and video device 218 communicate over

network 216, which uses wireless protocols such as Bluetooth (claim 33), IEEE, or

WiFi (claim 32), which are types of packet networks. EX1003 at 4:55-58; EX1002

at 41. Control device 212 also communicates with a video server 220 to assist the

video device 218 with retrieving the desired video data for playback. EX1003at

5:58-62. Video server 220 may be located remotely from the premises, and


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communicate with video device 218 and control device 212 using a Wide Area

Network (WAN) that routes packets between devices.Id. at 5:31-38. The Internet

is a common type of Wide Area Network, and thus the video device 218 and

control device 212 may communicate over the Internet with video server 220,

acting as a web server. EX 1002 at 41.

During playback, the video data is presented on the video device 218, and

the control device 212 provides a user interface for soliciting consumer

input/instructions to control video playback. EX1003 at 6:40-50. Using the

interface, the consumer can control parameters including volume, play, stop, and

pause (claim 25), for example.Id. at 6:58-67. Video server 220 may be included in

an implementation of Chens system that provides media content distribution

services such as network-based, video-on-demand entertainment and information

services. EX1003 at 9:12-18.

Implementation of Chens Second Computerized Device Set1.

As explained above, Chen discloses a control device such as a PDA that

browses video data and plays videos. EX1003 at 3:24-26, 4:50-53. To the extent

that the control device in Chen does not present MPEG encoded video data,

Elabbady discloses this element.

Elabbady, like Chen and the 183 patent, discloses a media browsing and

playback system having a first device 202 and other devices 206a-d. EX1004 at


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5:24-31. Like Chen, first device 202 in Elabbady is a PDA that provides a media

catalog for a user to select media content for playback. Id. at 9:53-60. Elabbady

also teaches that first device 202 PDA can play media content such as video. Id. at

3:33-46, 5:66-6:3, 7:3-8, 8:57-62. Thus, Elabbady recognizes that a PDA is a

media processing device and that it has an ordinary function of playing media

content such as video.Id.

It would have been obvious to modify Chens control device PDA to provide

functionality to present encoded video data. EX1002 at 45. Such a modification

would combine known elements and functionsi.e., modifying control device 202

to include a functionality that was known and commonly implemented in PDAs at

the time of Chens invention. Furthermore, both Chen andElabbady are analogous

references in the same art of media browsing and playback. Id. Moreover, the

combination of Chen and Elabbady is obvious because it would provide a more

desirable system, one where multiple media browsing devices also have the ability

to playback selected data, using devices and functionalities that were well-known

at the time of Chens invention.Id.

Therefore, it would have been obvious to POSA to modify Chens control

device 212 PDA with Elabbadys first device 202 having video data playback

capability. POSA would have had a reasonable likelihood of success when

combining the two because the PDAs in both systems are ordinary, common


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PDAs, and the implementation of a known function would have been

straightforward and predictable. EX1002 at 46.

Implementation of Chens Discovery Protocol2.

As discussed above, Chen discloses an interface that presents a list of

available video devices. EX1003 at 7:13-25. To do this, Chen teaches using a

protocol similar to an Address Resolution Protocol (ARP)a type of discovery

protocol to identify nearby video devices.Id., EX1002 at 47. To the extent that

Chens ARP protocol is not a discovery protocol that is implemented at a

communication layer above an internet protocol layer,Elabbady teaches these

elements.

Like Chen, Elabbady discloses locally networked devices that browse and

play video data.Elabbady discloses devices 202 (which can be a PDA),206, and

300 (which can televisions) connected via network 204. EX1004 at 5:23-31, 9:56-

60. One implementation of Elabbadys network 204 uses a Universal Plug-and-

play (UPnP) protocol (claim 16) that connects devices 202 and 206 and connects

devices 202 and 300. Id. at 5:54-65, 10:11-16. Similar to the ARP protocol in

Chen, Elabbadys UPnP provides for device collaboration and communication in

network 204 in a peer-to-peer manner with zero-configuration networking, to

configure devices that were previously not connected (claim 18).Id. The UPnP

protocol is implemented in a communication layer that is above an internet


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protocol layer. EX1002 at 48. Notably, claim 16 of the 183 patent specifies that

the discovery protocol is performed at least partially in accordance with a

universal plug and play (UPnP) protocol, and, therefore, Elabbadys UPnP

protocol meets the discovery protocol of the claims. Indeed, UPnP is a known

mechanism for devices to discover and connect to other devices and to enumerate

the characteristics of those devices. EX1009.

It would have been obvious to modify Chens determination of available

video devices with Elabbadys UPnP discovery protocol to provide zero-

configuration networking of Chens control and video devices. EX1002 at 49.

Such a modification would merely replace one technique for identifying available

devicesARPwith another known technique for identifying available devices

UPnP. As illustrated in Chen and Elabbady, both techniques are known to POSA

for identifying available devices in a network that are capable of receiving and

playing video data.Id.Furthermore, UPnP is intended to be an element of home

networking, in which PCs, appliances, and the services they provide are linked

together. EX1009. Thus, the combination of Chen andElabbady would have been

obvious because Elabbady substitutes one known technique for another, and

provides predictable, if not equivalent, results. EX1002 at 49.

As further explained in the chart below,2 the combination of Chen and

2All emphasis in the claim charts in this petition is added unless otherwise noted.


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Elabbadyteach all elements of claims 1-5, 16, 18, 24-26, 32-38, 40-42, 49, 51-53,

55, and 58-61 of the 183 patent.3

[1.P] 1. A method

for use in a

second

computerized

device set which

is configured for

wireless

communication

using a wireless

communications

protocol thatenables wireless

communication

with a first

computerized

device set,

wherein the first

and second

computerized

device setsinclude respective

first and second

continuous media

players, the

method

comprising:

Chen discloses a control device 212 (the claimed second

device set) that may be a PDA that plays media including

preview videos, and a video device 218 (the claimed first

device set) that may be a television or computer monitor that

plays video. Control device 212 and video device 218

communicate over network 216 which uses wireless protocols

such as Bluetooth, WiFi, or infrared.

For example, see EX1003 (Chen) at 4:46-53: [A] control

device 212 communicates via a network access point 214

over a network 216. The control device acts as a dynamiccontrol pad for initiating video playback of content specific

information and may be a suitably programmed Personal

Digital Assistant (PDA) device. The control device is capable

of inputting control command, communicating data, and

playing multimedia data such as, preferably, still images, text,

preview videos, or the like. See also id. at 4:55-58: The

control device utilizes wireless data communications and may

employ Bluetooth, IEEE 802.11b, infrared protocols, or other

wireless protocols, to establish communication with thenetwork access point. See also id. at 5:4-9: a video device

218 is located at the consumer premises 210. The video

device can decode compressed digital video data and may be

a television monitor, computer monitor, or the similar device

for display video data. The video device communicates with

the network using compatible protocols, as is known in the

art. See also id. at 5:9-12: The video device may

communicate with the network through a wireless connection

that has sufficient bandwidth to support the playback of

compressed digital video data.

3The chart does not explicitly address claims 16, 18, 32, 33, 37, 38, and 40-42.

Those claims are explicitly addressed in the discussion above.


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[1.A] making

available to a user

a first user

interface that

allows the user to

select a

continuous media

content to be

presented to the

user, wherein the

continuous media

content includes a

set of encoded

video data;

Chen discloses a user interface that allows selection of

multimedia content including MPEG encoded video data.


device screen of multimedia data indicating video data

relevant to a particular search term. See also id. at 8:3-10:

The display of this multimedia data conveys a summary or

condensed representation pertaining to the content of the

video data for browsing and serves as a dynamic control pad

for initiating of video data playback. The consumer then

selects a particular video data (e.g., a television program) of

interest from this displayed list of condensed representations

pertaining to the content of the video data. See also id. 3:36-

38 - video data may be stored in a format such as MPEG-1,

MPEG-2, MPEG-4, or other formats and delivered across thenetwork at various bitrates.

[1.B] making

available to the

user a second

user interface that

allows the user to

select to have the

continuous media

content presentedon either one of

the first

computerized

device set and the

second

computerized

device set;

Chen discloses a user interface displayed on control device

212 (such as a PDA), that allows for a selection of video data

for playback on a selected video device 218 of multiple

available video devices.

For example, see EX1003 (Chen) at FIG. 4; 4:47-53:

The control device acts as a dynamic control pad for

initiating video playback of content specificinformation and may be a suitably programmed

Personal Digital Assistant (PDA) device. The control

device is capable of inputting control command,

communicating data, and playing multimedia data such

as, preferably, still images, text, preview videos, or the

like. See also id. at 7:5-7: The control device

provides an input field 410 for the consumer to specify

the video device that is to be controlled. See also id. at

5:13-14: There may be more than one video device

that may be controlled by the control device.

Elabbady discloses multiple networked devices such as first

device 202 (such as a PDA) and other device 206 (such as a

television).Elabbady teaches both PDA 202 and television

206 being capable of playing the same media content.


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For example, see EX1004 (Elabbady) at 3:33-46: The

methods and systems may also be implemented, for example,

using various media processing devices such as desktop

computing devices, notebook computing devices, tablet

computing devices, hand-held computing devices, personal

digital assistant (PDA) devices, electronic paper devices,

electronic book devices, wearable computing devices, digital

audio receiver (DAR) devices, digital audio player devices,

digital audio recording devices, automobile-based media

player devices, digital television devices, digital video player

devices, digital versatile disc (DVD) player devices; set top

box devices, digital video receiver devices, digital video

recording devices, wireless communication devices, and the

like. See also id. at 8:57-62: With attention once again to

FIG. 2A, devices 206b and 206c are representative of mediacontent playing devices. It should be noted, however, that one

or more of devices 202, 206a and 206d may also provide

media content playing.

[1.C] receiving

discovery

information at the

second

computerized

device set inaccordance with a

device

management

discovery

protocol that is

implemented at a

communication

layer above an

internet protocol

layer, andwherein the

discovery

information

allows the second

computerized

device set to

Chen discloses control device 212 and video device

218 in wireless communication, where control device

212 provides, in a user interface, a list of active video

devices 218 for video data playback. Chen discloses

using a protocol similar to an Address Resolution

Protocol (ARP) to determine a list of active videodevices. Chen also discloses using an Internet Protocol

(IP) network.

Chen also discloses storing multiple versions and formats of

the video data to provide a version of the video data based on

the available bandwidth of the selected video device 218.

For example, see EX1003 (Chen) at 7:13-15: Preferably, the

control device provides a list of all available video devices to

which the consumer has access. See also id. at 7:23-25:Alternatively, a protocol similar to Address Resolution

Protocol (ARP) can be used to determine a list of active video

devices. See also id. at 3:38-42: Multiple versions of the

video data in various formats are stored so that the highest

possible quality version may be later delivered to a consumer

based on available bandwidth and the consumer's video


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determine that the

first

computerized

device set is

capable of

receiving the

continuous media

content and

playing the

continuous media

content;

device capabilities.See also id. at 4:65-67: The network

preferably is an Internet Protocol (IP) network and may have

bandwidth of 10 Mbps or greater.

Elabbady discloses locally networked devices 202 (e.g., a

PDA), 206, and 300 (e.g., televisions), that utilize the

Universal Plug-and-Play (UPnP) protocol to connect in

network 204. The UPnP protocol allows zero-configuration

networking between proximate networked devices.

For example, see EX1004 (Elabbady) at 5:54-65: One such

implementation, in accordance with certain preferred

implementations, includes the use of a Universal Plug-and-

Play (UPnP) protocol that provides a peer-to-peer network

capability that can support various devices through wiredand/or wireless connections. UPnP provides a distributed,

open networking architecture that leverages Transmission

Control Protocol (TCP/IP) and World Wide Web (WWW)

features to enable seamless proximity networking in addition

to control and data transfer among networked devices in a

home, office, or other like environment(s). UPnP

advantageously boasts device-driver independent and zero-

configuration networking.See also id. at 10:13-16: Media

CS 203 generates at least one media catalog 205, which isdiscovered by a network interface 314 of device 300 in act #2.

Network interface 314, for example, may include or otherwise

work with a UPnP User Control Point (UCP) 315. See also

id. at FIG. 3.

[1.D] wherein, in

the event the user

selects, via the

second user

interface, to have

the continuousmedia content

presented on the

second

computerized

device set, the

second media

Chen discloses a user interface displayed on control device

212 (such as a PDA), that allows for a selection of video data

for playback on a selected video device 218 of multiple

available video devices. Chen also discloses video device 218

having a decoder for decoding video data before playback.

For example, see EX1003 (Chen) at FIG. 4; 4:47-53: The

control device acts as a dynamic control pad for initiating

video playback of content specific information and may be a

suitably programmed Personal Digital Assistant (PDA)

device. The control device is capable of inputting control

command, communicating data, and playing multimedia data


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player decoding

the continuous

media content for

presentation on

the second

computerized

device set;

such as, preferably, still images, text, preview videos, or the

like. See also id. at 5:5-6: The video device can decode

compressed digital video data and may be a television

monitor.





Elabbady also teaches

For example, see EX1004 (Elabbady) at

8:57-62 - With attention once again to FIG. 2A, devices

206b and 206c are representative of media content playing

devices. It should be noted, however, that one or more ofdevices 202, 206a and 206d may also provide media content

playing.

[1.E] wherein, in the

event the user selects,

via the second user

interface, to have the

continuous media

content presented on

the first computerizeddevice set, wirelessly

transmitting, in

accordance with a

wireless local area

network protocol, at

least a resource

indicator, wherein the

resource indicator

comprises at least one

of a URL, URI, andURN, from the second

computerized device

set to the first

computerized device

set, wherein the

resource indicator

Chen discloses control device 212 receiving a

selection of video device 218 for video data

playback, and a selection of video data for

playback. Chen also discloses wireless

communication between control device 212 and

218, and based on the selected video data and

video device, control device 212 generates URLsand parameters including a MediaURL.

Parameters are provided to the video device to

retrieve and playback selected video data.

For example, see EX1003 (Chen) at 7:5-7: The control

device provides an input field 410 for the consumer to

specify the video device that is to be controlled. See

also id. at8:21-25: If the consumer selects one of the

displayed excerpts, the video data corresponding to the

excerpt will be provided to the video device for playbackat that point in the video data corresponding to the

selected excerpt. See also id. at 4:55-58: The control

device utilizes wireless data communications and may

employ Bluetooth, IEEE 802.11 b, infrared protocols, or

other wireless protocols, to establish communication

with the network access point. See also id. at 6:43-54:


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facilitates obtaining

the continuous media

content for

presentation to the

user on the first

computerized device

set; and

For initiation and control of video data playback,

application software on the control device 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.

Parameters include MediaURL, VideoDevice, StartTime,

so Volume, Reply, and Command.

[1.F] wherein the

continuous media content is

not presented on the second

computerized device set

during presentation on the

first computerized device

set, and the first userinterface and the second

user interface together

comprise a unified media

selection and presentation

user interface, wherein the

unified media selection and

presentation user interface

presents user input controls

for selection of thecontinuous media content

and for selection of either

one of the first

computerized device set and

the second computerized

device set for presentation

of the continuous media

content.

Chen discloses presenting selected video

data on a selected video device. Chen also

discloses user interfaces having controls for

selecting video data and for selecting a video

device.

For example, see EX1003 (Chen) at 5:58-62:After the user has selected multimedia data in

order to view the corresponding video data or at

least one video program, the control device 212

communicates with video server 220 over the

network 216 to instruct the video server to retrieve

and provide the desired video data to the video

device. See also id. at FIGS. 4, 7, 8. See also id. at

8:7-10: The consumer then selects a particular

video data (e.g., a television program) of interest

from this displayed list of condensed

representations pertaining to the content of the

video data. See also id. at 7:4-7: FIG. 4 illustrates

an exemplary control device screen for specifying

the video device that is to be controlled. The

control device provides an input field 410 for the

consumer to specify the video device that is to be

controlled.

[2] The method of claim

1, further comprising:initiating a user

browsing session at the

second computerized

device set.

Chen discloses an application that allows for

browsing video data on the control device 212.

For example, see EX1003 (Chen) at 4:14-17:

[A]pplication software generates a content rich

interface for browsing the corresponding multimedia

data and initiating video data playback.


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[3] The method of

claim 2, wherein the

user browsing

session includes

navigation of a

content listing of

content available

from a remote

source, and

receiving from the

user via the first

user interface an

input selecting the

continuous media

content.

Chen discloses providing user interfaces on a control

device 212 for browsing a list of video data. The video data

may be stored in a remote multimedia server. The user

interface includes controls for selecting video data for

playback on a video device.

For example, see EX1003 (Chen) at 7:66-8:10:[A] listing

of multimedia data describing, in some manner, video data

relevant to the search term is displayed. Multimedia data

displayed may include a program name, date and time of

airing, network aired on, and the like. The display of this

multimedia data conveys a summary or condensed

representation pertaining to the content of the video data

for browsing and serves as a dynamic control pad for

initiating of video data playback. The consumer thenselects a particular video data (e.g., a television program)

of interest from this displayed list of condensed

representations pertaining to the content of the video data.

See also id. at 5:31-32: The multimedia server may be

located remotely with respect to the consumer premises.


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[4] The method of


user browsing session

includes navigation of

a content listing that

identifies content

available from storage

within a computerized

storage device that is

independent of the

first and second

computerized device

sets and is accessible

to the first and second

computerized devicesets via a packet

network that is local to

both the first and

second computerized

device sets, and

receiving from the

user via the first user

interface an input

selecting thecontinuous media

content.

Chen discloses browsing video data that is stored in a

centralized database that may be local to the video

device 218, and a database that is separate from control

device 212 and video device 218. Network 216 connects

all devices using an Internet Protocol (IP) network, and

uses wireless protocols such as Bluetooth, IEEE, WiFi,

or infrared. A user interface on control device 212

receives a selection of a particular video data from the

consumer, for playback on video device 218.

For example, see EX1003 (Chen) 7:66-8:1: [A] listing

of multimedia data describing, in some manner, video

data relevant to the search term is displayed. See also

id. at 4:32-35: While centralizing the video database

offers economies of scale and eases maintenance, thevideo data can be stored locally (i.e., proximate a

consumer's video device). See also id. at 4:55-58:

Control Device communicates over network 216 which

uses wireless protocols such as Bluetooth, IEEE, WiFi,

or infrared. See also id. at 4:65-67: The network

preferably is an Internet Protocol (IP) network and may

have bandwidth of 10 Mbps or greater.See also id. at

8:7-10: The consumer then selects a particular video

data (e.g., a television program) of interest from thisdisplayed list of condensed representations pertaining to

the content of the video data.

[5] The method

of claim 2,

wherein the user

browsing session

includes a

selection of a

control function

related to aparameter of the

presentation of

the continuous

media content on

the first

computerized

Chen discloses a control device 212 that provides a user

interface for receiving input and instructions from a

consumer. Control device 212 generates URLs to pass

parameters to a video device to control playback. Parameters

include commands to change the video playback volume, play

the video, pause the video, or stop the video.

For example, see EX1003 (Chen) at 6:44-50: For initiationand control of video data playback, application software on

the control device 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. Parameters include MediaURL, VideoDevice,


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device set. StartTime, Volume, Reply, and Command. See also id. at

6:58-67: The Command parameter may take on one of

several values. Those values include play (play the video data

at the given StartTime), stop (stop the video data playback

and blank the video display), mute (set volume to zero), volup

(increase the volume by a predetermined number of units),

voldown (decrease the volume by a predetermined number of

units), volume (set the volume using the given Volume

parameter) and pause (stop the video data playback, freezing

the display on the current video frame), and other values

within the skill of one in the art.

[24] The method of

claim 1, the method

further comprising:

presenting to theuser at the second

computerized

device set a set of

control functions to

allow the user to

control the

presentation of the

continuous media

content on the firstcomputerized

device set.

Chen discloses a control device 212 that provides a user

interface for receiving input and instructions from a

consumer. Control device 212 generates URLs to pass

parameters to a video device to control playback.Parameters include commands to change the video

playback volume, play the video, pause the video, or stop

the video.


device provides an interface, such as a Graphical User

Interface (GUI), for display of information and solicitation

of consumer input/instruction as explained below in

conjunction with FIGS. 4-10. For initiation and control ofvideo data playback, application software on the control

device 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



StartTime, Volume, Reply, and Command. See also id. at

6:58-67: The Command parameter may take on one of

several values. Those values include play (play the video

data at the given StartTime), stop (stop the video dataplayback and blank the video display), mute (set volume to

zero), volup (increase the volume by a predetermined

number of units), voldown (decrease the volume by a

predetermined number of units), volume (set the volume

using the given Volume parameter) and pause (stop the

video data playback, freezing the display on the current

[25] The method of

claim 24, wherein

the set of control

functions comprise

at least a play

control function and

a pause

control function.


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video frame), and other values within the skill of one in the

art.

[26] The method of

claim 1, further

comprising:

presenting at the

second

computerized

device set,

enhancement

content including

information related

to the continuous

media content.

Chen discloses displaying, in a user interface on a control

device 212, multimedia content data related to video data.

The multimedia content data can include, for example,

images of a scene from a movie, a theatrical trailer, names

of actors in a video program, and the cinematography of the

video program director.

For example, see EX1003 (Chen) at 3:21-29: Multimedia

data includes multimedia content data, which is data based

on the content of the video data, such as content specific

index data, for example, an index of select keywords

referenced in the video data. Examples of multimedia

content data include still images (e.g., images of a scene

from a movie), preview videos (e.g., a theatrical trailer),

detailed information about the video data (e.g., names of

actors in a video program, the cinematography of the

director of a video program), and the like. See also id. at7:60-8:3: FIG. 7 illustrates an exemplary control device

screen of multimedia data indicating video data relevant to

a particular search term. After a search term has been

instructed (e.g., either by entering a search term on the

main screen and clicking search button (518, 526) or by

selecting a link on the topic list(610)), a search of the

multimedia data, specifically content specific index data, is

undertaken and a listing of multimedia data describing, in

some manner, video data relevant to the search term is

displayed. Multimedia data displayed may include a

program name, date and time of airing, network aired on,

and the like.

[34] The method of

claim 1, further

comprising:

Chen discloses a video device 218 that receives video data

for playback, and the video data can be retrieved from a

remote video server 220. Video device 218 receives URLs


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the first

computerized

device set receiving

the continuous

media content from

a remote source via

an Internet

connection.

from a control device 212, and the URLs include a

MediaURL for retrieving video data from web server 220

over a Wide Area Network (WAN).


device provides an interface, such as a Graphical User

Interface (GUI), for display of information and solicitation

of consumer input/instruction as explained below in

conjunction with FIGS. 4-10. For initiation and control of

video data playback, application software on the control

device 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


device. Parameters include MediaURL, VideoDevice,StartTime, Volume, Reply, and Command. See also id.

at 5:60-62: The control device 212 communicates with

video server 220 over the network 216 to instruct the video

server to retrieve and provide the desired video data to the

video device 218. See also id. at 5:31-38 The video

server 220 may be located remotely with respect to the

consumer premises 210. In such an instance, the network

216 may use WAN or other network protocols to route

packets between the control device and the video server, asis known in the art.

Elabbady discloses an implementation of a WAN as the

Internet, for retrieving content for playback on a first

device 202 or other device 206.

For example, see EX1004 (Elabbady) at 5:12-15:

Depicted in FIG. 1, is a specific implementation of a

WAN via the Internet. Here, computer 130 employs

modem 178 to establish communications with at least oneremote computer 182 via the Internet 180.

[35] The method of

claim 34, wherein

the remote source

comprises a web

server.

Chen discloses a video server 220 located remotely from

consumer premises 210, where control device 212 and

video device 218 are located. Video server 220

communicates with control device 212 and video device

218 via network 216 such as a WAN. Chen discloses using


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URLs including MediaURLs to a HTTP server on video

device 218, to retrieve video data.

For example, see EX1003 (Chen) at 5:31-38: The video

server 220 may be located remotely with respect to the

consumer premises 210. In such an instance, the network

216 may use WAN or other network protocols to route

packets between the control device and the video server, as

is known in the art.See also id. at 6:43-50: For initiation

and control of video data playback, application software on

the control device 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


device. Parameters include MediaURL, VideoDevice,StartTime, Volume, Reply, and Command.

Elabbady discloses devices communicating over a WAN

implemented via the Internet.Elabbady also discloses

using URLs to locate and retrieve media over the WAN.

For example, see EX1004 (Elabbady) at 5:12-15:

Depicted in FIG. 1, is a specific implementation of a

WAN via the Internet. Here, computer 130 employsmodem 178 to establish communications with at least one

remote computer 182 via the Internet 180.See also id. at

12:21-26: The user control point would select a media

content file, e.g., by URL!etc., that has a compatible format

and uses a supported network protocol. Thus, for example,

the client 316 eventually provides the URL, license

information, metadata, or other like information to media

player 324.

[36] The method of

claim 35, whereinthe web server

comprises

a media content

distribution service.

Chen discloses retrieving video data from an intelligent

content distribution network.

For example, see EX1003 (Chen) at 4:41-43: 4:41-43:

intelligent content distribution networks can be utilized to

efficiently distribute the video data from the video database

to consumers.


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[49] The method of claim 1, wherein

the continuous media content is a

member of the group consisting of:

moving images with accompanying

sound and moving-images without

accompanying sound, wherein the

moving-images originate from a

member of the group consisting of:

analog video, digitally coded video,

television, Internet television

(IPTV), Internet protocol (IP) video,

film, animation, virtual reality data,

and hybrid natural and synthetic

video data.

Chen discloses video data that is presented

on video device 218. The video data

includes compressed video data such as

MPEG video.

For example, see EX1003 (Chen) at 3:19-

20: Video data includes that data used to

display the video source material 100 on a

video device (i.e. the video itself). See

also id. at 3:35-38: For example, video

data may be stored in a format such as

MPEG-1, MPEG-2, MPEG-4, or other

formats and delivered across the network

at various bitrates.

[51] Themethod of claim

1, wherein the

wirelessly

transmitting

begins in

response to a

user selection

using the first

user interface,subsequent to a

user selection

using the

second user

interface.

Chen discloses a control device 212 that provides userinterfaces for selecting a video device 218 for video playback,

and for selecting video data to play on the video device. Chen

also teaches the control device 212 wirelessly communicating

with video device 218 and video server 220 after receiving

selections.

For example, see EX1003 (Chen) at 7:4-7: FIG. 4 illustrates

an exemplary control device screen for specifying the video

device that is to be controlled. The control device provides aninput field 410 for the consumer to specify the video device

that is to be controlled. See also 5:58-62: After the user has

selected multimedia data in order to view the corresponding

video data for at least one video program, the control device

212 communicates with video server 220 over the network 216

to instruct the video server to retrieve and provide the desired

video data to the video device 218. See also id.at 6:43-47:

For initiation and control of video data playback, application

software on the control device generates URLs, which pass

parameters to a CGI application running under the HTTP serveron the video device.


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[52] The method

of claim 1,

wherein the

resource indicator

refers to a

resource that is

served in a form

usable by the first

computerized

device set and by

the second

computerized

device set.

Chen discloses control device 212 generating and

transmitting URLs for controlling video playback on video

device 218. The URLs include MediaURLs. Chen also

discloses storing multiple versions of the video data in

various formats, which can be played on different devices,

depending on the available bandwidth and capabilities of the

device.

For example, see EX1003 (Chen) at 6:43-54: MediaURL is

a URL, URN, or URI indicating the video data stream. See

also id. at 3:38-42: Multiple versions of the video data in

various formats are stored so that the highest possible quality

version may be later delivered to a consumer based on

available bandwidth and the consumer's video device

capabilities.





Elabbady also teaches

For example, see EX1004 (Elabbady) at

8:57-62 - With attention once again to FIG. 2A, devices206b and 206c are representative of media content playing

devices. It should be noted, however, that one or more of

devices 202, 206a and 206d may also provide media content

playing.

[53] The method

of claim 52,wherein the

resource is

enabled to be

adapted to

differences

between the first

computerized

device set and the

secondcomputerized

device set.

[58.P] A method for use in a second computerized device set which is

configured for wireless communication using a wireless communications

protocol that enables wireless communication with a first computerized

device set, wherein the first and second computerized device sets include

respective first and second continuous media players, the method

comprising:

See

[1.P]

above.

[58.A] enabling a user to select a continuous media content to be

presented to the user, wherein the continuous media content includes a

set of encoded video data;

See

[1.A]

above.

[58.B] making available to the user a user interface that allows the user

to select to have the continuous media content presented on either one of

the first computerized device set and the second computerized device set;

See[1.B]

above.


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[58.C] receiving discovery information at the second computerized

device set in accordance with a device management discovery protocol

that is implemented at a communication layer above an internet protocol

layer, and wherein the discovery information allows the second

computerized device set to determine that the first computerized device

set is capable of receiving the continuous media content and playing the

continuous media content;

See

[1.C]

above.

[58.D] wherein, in the event the user selects, via the user interface, to

have the continuous media content presented on the second computerized

device set, the second media player decodes the continuous media

content for presentation on the second computerized device set;

See

[1.D]

above.

[58.E] wherein, in the event the user selects, via the user interface, to

have the continuous media content presented on the first computerized

device set, wirelessly transmitting, in accordance a wireless local area

network protocol, at least a resource indicator, wherein the resourceindicator comprises at least one of a URL, URI, and URN, from the

second computerized device set to the first computerized device set,

wherein the resource indicator facilitates obtaining the continuous media

content by the first media player for presentation to the user on the first

computerized device set; and

See

[1.E]

above.

[58.F] wherein the continuous media content is not presented on the

second computerized device set during presentation on the first

computerized device set, and the first user interface and the second user

interface together comprise a unified media selection and presentationuser interface, wherein the unified media selection and presentation user

interface presents user input controls for selection of the continuous

media content and for selection of either one of the first computerized

device set and the second computerized device set for presentation of the

continuous media content.

See

[1.F]

above.

[59.P] A method for use in a second computerized device set which is

configured for wireless communication using a wireless communications

protocol that enables wireless communication with a first computerized

device set, wherein the first and second computerized device sets include

respective first and second continuous media players, the method

comprising:

See

[1.P]

above.

[59.A] making available to a user a first user interface that allows the

user to select a continuous media content to be presented to the user,

wherein the continuous media content includes a set of encoded video

data;

See

[1.A]

above.


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[59.B] making available to the user a second user interface that allows

the user to select to have the continuous media content presented on

either one of the first computerized device set and the second

computerized device set;

See

[1.B]

above.

[59.C] receiving discovery information at the second computerizeddevice set in accordance with a device management discovery protocol




set is capable of receiving the continuous media content and playing the


See[1.C]

above.

[59.D] wherein, in the event the user selects, via the second user

interface, to have the continuous media content presented on the second

computerized device set, the second media player decodes the continuous

media content for presentation on the second computerized device set;

See

[1.D]

above.

[59.E] wherein, in the event the user selects, via the second user

interface, to have the continuous media content presented on the first

computerized device set, wirelessly transmitting in accordance a wireless

local area network protocol, at least a resource indicator, wherein the

resource indicator comprises at least one of a URL, URI, and URN from

the second computerized device set to the first computerized device set,

wherein the resource indicator facilitates obtaining the continuous media

content by the first media player for presentation to the user on the first

computerized device set; and

See

[1.E]

above.

[59.F] wherein the continuous media content is not presented on the


computerized device set, and the first user interface and the second user

interface together comprise a unified media selection and presentation

user interface, wherein the unified media selection and presentation user





See

[1.F]

above.

[60.P] A method for use in a first computerized device set which

wirelessly communicates with a second computerized device set,

wherein the first and second computerized device sets include respective

first and second continuous media players, the method comprising:

See

[1.P]

above.


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[60.A] providing discovery information to the second computerized

device set in accordance with a device management discovery protocol




set is capable of receiving continuous media content and playing the


See

[1.C]

above.

[60.B] establishing

a wireless

communication

session with the

second

computerized

device set;

Chen discloses a control device 212 (the claimed second

device set) that may be a PDA that plays media including

preview videos, and a video device 218 (the claimed first

device set) that may be a television or computer monitor

that plays video. Control device 212 and video device 218

communicate over network 216 which uses wireless

protocols such as Bluetooth, WiFi, or infrared.


device 212 communicates via a network access point 214

over a network 216. The control device acts as a dynamic

control pad for initiating video playback of content specific

information and may be a suitably programmed Personal

Digital Assistant (PDA) device. The control device is

capable of inputting control command, communicating data,

and playing multimedia data such as, preferably, still

images, text, preview videos, or the like. See also id. at4:55-58: The control device utilizes wireless data

communications and may employ Bluetooth, IEEE 802.11b,

infrared protocols, or other wireless protocols, to establish

communication with the network access point.

[60.C] receiving, via

the wireless

communication

session, in accordance

a wireless local area

network protocol, atleast a resource

indicator, wherein the

resource indicator

comprises at least one

of a URL, URI, and

URN from the second

Chen discloses control device 212 receiving a

selection of video device 218 for video data

playback, and a selection of video data for

playback. Chen also discloses wireless

communication between control device 212 and

218, and based on the selected video data andvideo device, control device 212 generates URLs

and parameters including a MediaURL.

Parameters are provided to the video device to

retrieve and playback selected video data.



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computerized device

set to the first

computerized device

set, wherein the

resource indicator

facilitates obtaining the

continuous media

content by the first

media player for

presentation to the user

on the first

computerized device

set; and receiving

discovery information

at the secondcomputerized device

set in accordance with

a device management

discovery protocol that

is implemented at a

communication layer

above an internet

protocol layer, and

wherein the discoveryinformation allows the

second computerized

device set to determine

that the first

computerized device

set is capable of

receiving the

continuous media

content and playing the

continuous mediacontent;

device provides an input field 410 for the consumer to

specify the video device that is to be controlled. See

also id. at8:21-25: If the consumer selects one of the

displayed excerpts, the video data corresponding to the

excerpt will be provided to the video device for

playback at that point in the video data corresponding to

the selected excerpt. See also id. at 4:55-58: The

control device utilizes wireless data communications

and may employ Bluetooth, IEEE 802.11 b, infrared

protocols, or other wireless protocols, to establish

communication with the network access point. See also

id. at 6:43-54: For initiation and control of video data

playback, application software on the control device

generates URLs, which pass parameters to a CGI

application running under the HTTP server on the videodevice. A CGI syntax of name/value pairs is used for



StartTime, so Volume, Reply, and Command.

Elabbady discloses locally networked devices 202 and

206 (which can be a PDA and television, respectively),

that utilize the Universal Plug-and-Play (UPnP)

protocol. The UPnP protocol allows zero-configurationnetworking between proximate networked devices.

For example, see EX1004 (Elabbady) at 5:54-65: One

such implementation, in accordance with certain

preferred implementations, includes the use of a

Universal Plug-and-Play (UPnP) protocol that provides

a peer-to-peer network capability that can support

various devices through wired and/or wireless

connections. UPnP provides a distributed, open

networking architecture that leverages TransmissionControl Protocol (TCP/IP) and World Wide Web

(WWW) features to enable seamless proximity

networking in addition to control and data transfer

among networked devices in a home, office, or other

like environment(s). UPnP advantageously boasts

device-driver independent and zero-configuration


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networking.

[60.D] wherein

the wireless

communication

session isconducted in

accordance with

an Internet

protocol; and

Chen discloses an Internet Protocol (IP) network 216 which

uses wireless protocols such as Bluetooth, WiFi, or infrared.

For example, see EX1003 (Chen) at 4:65-67: The networkpreferably is an Internet Protocol (IP) network and may have

bandwidth of 10 Mbps or greater.

Chen also discloses using an Internet Protocol (IP) network.

See also id. at 4:55-58: The control device utilizes wireless

data communications and may employ Bluetooth, IEEE

802.11b, infrared protocols, or other wireless protocols, to

establish communication with the network access point.

[60.E] wherein the continuous media content is not presented on the


computerized device set, and the first user interface and the second userinterface together comprise a unified media selection and presentation

user interface, wherein the unified media selection and presentation user





See

[1.F]

above.

[61] The method of


continuous mediacontent is selected based

on an input associated

with the second

computerized device set,

and wherein the

receiving resulted from a

selection of the first

computerized device set

as one of an alternative

to and a supplement topresentation on the

second device

computerized set, based

on the input associated

with the second

computerized device set.

Chen discloses a user interface that allows selection of

multimedia content including MPEG encoded video

data. Chen also discloses a user interface displayed oncontrol device 212 (such as a PDA), that allows for a

selection of video data for playback on a selected

video device 218 of multiple available video devices.

For example, see EX1003 (Chen) at 7:60-62: [A]

control device screen of multimedia data indicating

video data relevant to a particular search term. See

also id. at 8:3-10: The display of this multimedia data

conveys a summary or condensed representation

pertaining to the content of the video data forbrowsing and serves as a dynamic control pad for

initiating of video data playback. The consumer then

selects a particular video data (e.g., a television

program) of interest from this displayed list of

condensed representations pertaining to the content of

the video data. See also id. 3:36-38 - video data may


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be stored in a format such as MPEG-1, MPEG-2,

MPEG-4, or other formats and delivered across the

network at various bitrates. See also id.at FIG. 4;

4:47-53: The control device acts as a dynamic control

pad for initiating video playback of content specific

information and may be a suitably programmed

Personal Digital Assistant (PDA) device. Th

Documents

Unified Patents v. Convergent Media Solutions, IPR2016-00047