DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s Submission of a Response
Applicant’s submission of a response on 2/19/2026 has been received and considered. In the response, Applicant amended claim 45. Therefore, claims 1, 2, 5 – 10, 25 – 27, 36, 37 and 39 – 45 are pending.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 2, 5 – 10, 25 – 27, 36, 37 and 39 – 45 are rejected under 35 U.S.C. 103 as being unpatentable over Amer et al. (US Pub. No. 2019/0104311 A1) in view of Cerny et al. (US Pub. No. 2021/0093960 A1).
As per claim 1, Amer et al. discloses a computer-implemented method comprising: in response to a first frame rate associated with a set of frames of being lower than a second frame rate associated with an encoder, generating a skip frame including data that indicates a frame from the set of frames is to be repeated (the encoder generates frames in the encoded bitstream at a fixed frame rate, however if the decoder is expecting a fixed frame rate of 60 fps, and the encoder is encoding uniquely rendered frames at 30 fps, the encoder can generate a skip frame for every other frame, encoder encodes each repeated frame as a skip frame in the bitstream, see [0012], [0014] and [0018]); encoding, by the encoder, the set of frames to produce a video stream (encode the frames into a bitstream (a part of a video stream), see [0020] and [0040]); inserting the skip frame in the video stream (the encoder inserts one or more skip frames into the encoded bitstream, see Fig.5 and [0040]); and transmitting the video stream (see [0020]).
Amer et al. does not expressly disclose transmitting a first frame packet associated with an encoded frame of the video stream at first time period; and transmitting a second packet associated with the skip frame at a second time period, the second time period equal in duration to the first time period. However, Amer et al. teaches the encoder “generates frames in the encoded bitstream at a fixed frame rate,” and provides the example wherein “if the decoder is expecting a fixed frame rate of 60 fps, and the encoder is encoding uniquely rendered frames at 30 fps, the encoder can generate a skip frame for every other frame.” The encoded bitstream containing both encoded (rendered) frames and skip frames are transmitted to the client (see [0020], [0040], and Fig. 5).
Cerny et al. teaches a client bandwidth used at encoder for handling video frames after a scene change in cloud gaming, wherein the maximum bandwidth experienced by the client is determined by means of a feedback mechanism from the client. The measurement of bandwidth for a client by a streamer of a cloud gaming server, wherein the streamer is configured to monitor and tune an encoder so that video frames that are compressed can be transmitted at a rate that is within a measured bandwidth of a client, in accordance with one embodiment of the present disclosure. As shown, the compressed video frames, encoded slices, and/or packets are delivered from the encoder a buffer (e.g., first-in/first-out—FIFO). The encoder delivers the compressed video frames at an encoder fill rate. For example, the buffer may be filled as fast as the encoder is able to generate compressed video frames, encoded slices, and/or packets of the encoded slices. In addition, the compressed video frames are drained from the buffer at a buffer drain rate for delivery to the client over network. In one embodiment, the buffer drain rate is dynamically tuned to a measured maximum receive bandwidth of the client. For example, the buffer drain rate may be adjusted to be approximately equal to the measured maximum receive bandwidth of the client. In one embodiment, the encoding of packets is performed at the same rate that they are transmitted, such that both operations are dynamically tuned to the maximum available bandwidth available to the client (See Fig. 5 and 6, [0073] - [0077]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the rendering and encoder of Amer et al. with an encoder bit rate of Cerny et al. in order to allow for smoother frame rates and more reliable latency, such that one-way latency between the cloud gaming server and a client is reduced and made more consistent, thereby improving smoothness of client display of video.
As per claim 2, Amer et al. discloses packetizing the video stream, wherein packetizing the video stream includes: generating the second skip packet based on the skip frame and generating the first frame packet based on an encoded frame of the video stream (if the decoder is expecting a fixed frame rate of 60 fps, and the encoder is encoding uniquely rendered frames at 30 fps, the encoder can generate a skip frame for every other frame. Encoding a skip frame utilizes a smaller number of bits (packets) than an ordinary frame in the bitstream., see [0018] and [0029]).
As per claim 5, Amer et al. discloses emptying at least a portion of a network buffer during the second time period (see [0026]).
As per claim 6, Amer et al. discloses inserting the skip frame comprises: inserting the skip frame between a first and second encoded frame of the video stream (the skip frame can be generated for every other frame, it can be inserted in between two encoded frames, see [0018]).
As per claim 7, Amer et al. discloses the skip frame includes data indicating the first encoded frame is to be repeated (skip frames are frames that are coded as being identical in content to a previous frame, see [0020]).
As per claim 8, Amer et al. discloses a client system receiving the video stream is configured to repeat an encoded frame of the video stream based on the skip frame (encoding the skip frame in the frame header indicates that no further image data will be included in the encoded bitstream for the frame, client is configured to decode the encoded bitstream and generate video or image frames to drive to display, see [0020]).
As per claim 9, Amer et al. discloses the skip frame is generated based on a codec associated with the encoder (encoding (i.e., compressing) the frames generated by rendering unit, the amount of data that is sent over the network to the client is reduced, see [0028]).
As per claim 10, Amer et al. discloses generating two or more skip frames and inserting the two or more skip frames in the video stream, wherein each skip frame is inserted between two or more frames (the skip frame can be generated for every other frame, so it can be inserted in between two encoded frames, see [0018])
As per claims 25 – 27, the instant claims are a system in which corresponds to the method of claims 1, 2, 5 – 10. Therefore, it is rejected for the reasons set forth above.
As per claims 36, 37, 39 – 40, 44 and 45, the instant claims are a non-transitory computer-readable storage medium in which corresponds to the method of claims 1, 2, 5 – 10. Therefore, it is rejected for the reasons set forth above.
As per claims 41 – 43, the instant claims are a system in which corresponds to the method of claims 1, 2, 5 – 10. Therefore, it is rejected for the reasons set forth above.
Response to Arguments
Applicant's arguments filed on 2/19/2026 have been fully considered but they are not persuasive.
Applicant argues that neither Amer, Cerny, nor the combination discloses or suggests “transmitting a packet associated with encoded frame over a period time that is equal to the period of time over which a skip frame is transmitted”, more specifically states that Amer’s increased bit budget for uniquely rendered frames would “increase the period of time over which an encoded rendered frame is transmitted and decrease the period of time over which a skip frame is transmitted,” and that Cerny’s constant buffer drain rate (bits/second) would result in smaller skip frames being drained more quickly than larger encoded frames. The Examiner respectfully disagrees.
Under the broadest reasonable interpretation in light of the specification, the claim term “time period” is not so limited. A person of ordinary skill in the art would reasonably understand the recited “time periods” to encompass the per-frame time interval (i.e., the frame slot) allocated within the encoded video stream as dictated by the encoder’s fixed output frame rate.
Under this broadest reasonable interpretation, Amer expressly teaches that the encoder “generates frames in the encoded bitstream at a fixed frame rate,” and provides the example wherein “if the decoder is expecting a fixed frame rate of 60 fps, and the encoder is encoding uniquely rendered frames at 30 fps, the encoder can generate a skip frame for every other frame.” Amer further discloses that the encoded bitstream containing both encoded (rendered) frames and skip frames are transmitted to the client (see Fig. 5 and [0020], [0040]).
Because the encoded bitstream is output at a fixed frame rate, each frame in the bitstream, whether an encoded rendered frame or a skip frame occupies an equal time slot of 1/(frame rate) seconds (e.g., approximately 16.67 ms at 60 fps). Packets associated with such frames are accordingly transmitted at equal time periods, satisfying the claim limitation.
Cerny further teaches the encoding of packets is performed at the same rate that they are transmitted, such that both operations are dynamically tuned to the maximum available bandwidth available to the client. This synchronization of encoding and transmission, both tied to a common rate, ensures real-time delivery of each frame within its allocated frame interval.
Therefore, the combination of Amer (teaching encoding rendered and skip frames into a fixed-frame-rate bitstream and transmitting that bitstream to a client) with Cerny (teaching synchronized encoding and transmission tuned to client bandwidth for smooth, real-time delivery in a cloud gaming environment) teaches and reasonably suggests “transmitting a first packet associated with an encoded frame of the video stream at a first time period; and transmitting a second packet associated with the skip frame at a second time period, the second time period equal in duration to the first time period.”
Further Applicant argues Claim 5 and 39 are not disclosed by Amer. More specifically, Amer fails to disclose “emptying at least a portion of a network buffer during the second time period” because Amer is allegedly silent as to network buffers. The Examine respectfully disagrees.
Amer teaches the buffering and transmission operations of the encoded bitstream to the client over a network, including the relative impact of skip frames, which are encoded using substantially fewer bits than rendered frames on the data flow to the client. (see [0018], [0026], [0029]). The skip frames carry significantly less data than rendered frames, the network buffer is correspondingly relieved of data during the per-frame interval associated with a skip frame; less data is added to the buffer during that interval than is drained from it, with the result that at least a portion of the network buffer is emptied during that interval.
Cerny teaches a buffer (e.g., FIFO) that is filled by the encoder at an encoder fill rate and drained at a buffer drain rate that is dynamically tuned to the measured maximum receive bandwidth of the client. When a smaller skip-frame packet passes through this buffer, the drain rate (tied to client bandwidth) inherently empties a portion of the buffer during that frame interval because the fill rate for that smaller packet is substantially lower than for a full encoded frame, see [0073] – [0077]). Therefore, Amer in view of Cerny discloses the limitations of claims 5 and 39 and the claimed rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKIT B DOSHI whose telephone number is (571)270-7863. The examiner can normally be reached Mon - Fri. ~8:30 - ~5:30.
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/ANKIT B DOSHI/Examiner, Art Unit 3715
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