# US 9,432,241 B2 · Network performance assessment apparatus, systems, and methods > Agents: this data is available as JSON from the patentgrep API and MCP server — see https://patentgrep.com/llms.txt - Number: US 9,432,241 B2 - Document ID: US9432241B2 - Status: Granted - Kind: B2 - Application number: 13/889,886 - Filed: 2013-05-08 - Published: 2013-09-19 - Granted: 2016-08-30 - Earliest claimed: 2007-07-16 - Assignees: EchoStar Technologies L.L.C. - Applicants: EchoStar Technologies L.L.C. - Inventors: Gary R. Langille - Web page: https://patentgrep.com/patent/US9432241B2 ## CPC - H04L 65/756: adapting media to device capabilities - H04L 41/0896: Bandwidth or capacity management, i.e. automatically increasing or decreasing capacities (flow or congestion control using dynamic resource allocation, e.g. in-call renegotiation, H04L47/76) - H04L 41/5025: by proactively reacting to service quality change, e.g. by reconfiguration after service quality degradation or upgrade - H04L 43/0882: Utilisation of link capacity - H04L 65/613: for the control of the source by the destination (control signals issued by the client directed to the server or network components specially adapted for selective content distribution H04N21/637) - H04L 65/80: Responding to QoS - H04L 41/509: {wherein the managed service relates to media content delivery, e.g. audio, video or TV} - H04L: TRANSMISSION OF DIGITAL INFORMATION, e.g. TELEGRAPHIC COMMUNICATION (arrangements common to telegraphic and telephonic communication H04M) ## Abstract Various embodiments of network performance assessment apparatus, systems and processes collect performance information pertaining to a current capacity utilization of a network, identify an occurrence of a capacity constraint on a portion of the network that is communicating the program to at least one presentation device, and modify at least one characteristic of the program and/or the communication thereof over the network so that a total capacity utilization of the network is less than a peak capacity of the network. ## Claims ### Claim 1 A network method, comprising: coupling a receiving device to a network, the network having coupled thereto a plurality of endpoint devices; processing with the receiving device a first stream of real-time programming from a first source; concurrent to the processing of the first stream, processing with the receiving device a second stream of real-time programming from a second source, the second source different from the first source; formatting with the receiving device a portion of the first stream of real-time programming for presentation on a first endpoint device; formatting with the receiving device a portion of the second stream of real-time programming for presentation on a second endpoint device, wherein the portions of the first and second streams are formatted such that a current capacity utilization of the network will remain below a peak capacity threshold of the network when the formatted portions of the first and second streams are communicated on the network as first and second data streams respectively, the current capacity utilization of the network being a summation of a bandwidth of each data stream of a plurality of data streams respectively allocated to the network; communicating the formatted portion of the first stream of real-time programming on the network as one of the plurality of data streams allocated to the network; and communicating the formatted portion of the second stream of real-time programming on the network as another one of the plurality of data streams allocated to the network. ### Claim 2 (depends on 1) The network method of claim 1, comprising: reformatting with the receiving device a second portion of the second stream of real-time programming for presentation on the second endpoint device, wherein the second portion of the second stream is reformatted such that an updated current capacity utilization of the network will remain below the peak capacity threshold of the network when the reformatted second portion of the second stream is communicated on the network, the reformatted second portion of the second stream consuming more bandwidth than the portion of the second stream previously formatted. ### Claim 3 (depends on 1) The network method of claim 1 wherein the first endpoint device is different from the second endpoint device. ### Claim 4 (depends on 1) The network method of claim 1 wherein the first endpoint device is a television arranged to receive information via an Internet protocol (IP) compatible input port. ### Claim 5 (depends on 1) The network method of claim 1 wherein the first endpoint device is a game system. ### Claim 6 (depends on 1) The network method of claim 1 wherein formatting with the receiving device the portion of the first stream of real-time programming or formatting with the receiving device the portion of the second stream of real-time programming includes making a selection between modifying an amount of information to be communicated or a rate of information to be communicated. ### Claim 7 (depends on 1) The network method of claim 1 wherein formatting with the receiving device the portion of the first stream of real-time programming or formatting with the receiving device the portion of the second stream of real-time programming includes modifying a resolution of a displayable image to be communicated. ### Claim 8 (depends on 1) The network method of claim 1 wherein the first source is a local storage device. ### Claim 9 A receiving device, comprising: a network interface, the network interface arranged to couple the receiving device to a network having coupled thereto a plurality of endpoint devices; a signal processing module operable to process a first stream of real-time programming communicated from a first source and operable to concurrently process a second stream of real-time programming from a second source; a network performance assessor operable to determine a current capacity utilization of the network, the current capacity utilization of the network being a summation of a bandwidth of each data stream of a plurality of data streams respectively allocated to the network; and a network formatter operable to format a portion of the first stream of real-time programming for communication over the network to a first endpoint device and operable to format a portion of the second stream of real-time programming for communication over the network to a second endpoint device, the portions of the first and second streams formatted such that a summation of the current capacity utilization of the network and a bandwidth consumed by communicating the portions of the first and second streams over the network is below a peak capacity threshold of the network. ### Claim 10 (depends on 9) The receiving device of claim 9 wherein the first source is different from the second source. ### Claim 11 (depends on 9) The receiving device of claim 9 wherein the first source and the second source are a same source and wherein the first and second streams of real-time programming are streams of programming multiplexed into a common signal from the same source. ### Claim 12 (depends on 9) The receiving device of claim 9 wherein the network formatter is operable detect that the summation is below the peak capacity threshold of the network before at least one of the first and second streams is formatted. ### Claim 13 (depends on 9) The receiving device of claim 9 wherein the network formatter is operable detect that the summation has exceeded the peak capacity threshold of the network after at least one of the first and second streams is formatted. ### Claim 14 (depends on 9) The receiving device of claim 9, comprising: an input port arranged to receive user input that directs at least one operation of the network formatter. ### Claim 15 A networked system, comprising: at least one presentation device coupled to a network; a receiving device coupled to the network; a signal processing module operable to process a first stream of real-time programming communicated on the network and operable to concurrently process a second stream of real-time programming communicated on the network; a network performance assessor operable to determine a current capacity utilization of the network, the current capacity utilization of the network being a summation of a bandwidth of each data stream of a plurality of data streams respectively allocated to the network; and a network formatter operable to format a portion of the first stream of real-time programming for communication over the network to a first presentation device and operable to format a portion of the second stream of real-time programming for communication over the network to a second presentation device, the portions of the first and second streams formatted such that a summation of the current capacity utilization of the network and a bandwidth consumed by communicating the portions of the first and second streams over the network is below a peak capacity threshold of the network. ### Claim 16 (depends on 15) The networked system of claim 15 wherein the receiving device is operable to communicate the formatted first stream of real-time programming over the network to the first presentation device and wherein the receiving device is operable to communicate the second stream of real-time programming over the network to the second presentation device. ### Claim 17 (depends on 15) The networked system of claim 15 wherein the first presentation device and the second presentation device are arranged in a single user device. ### Claim 18 (depends on 15) The networked system of claim 15 wherein the at least one presentation device is a television arranged to receive information via an Internet protocol (IP) compatible input port. ### Claim 19 (depends on 15) The networked system of claim 15 wherein the at least one presentation device is a gaming device. ### Claim 20 (depends on 15) The networked system of claim 15 wherein the receiving device is arranged to receive the first stream of real-time programming or the second stream of real-time programming from a networked storage device.