Prosecution Insights
Last updated: October 27, 2026
Application No. 18/286,042

FINE TUNING OF VIDEO DATA IN A STREAMING APPLICATION

Non-Final OA §103
Filed
Oct 06, 2023
Priority
Apr 08, 2021 — EU 21305454.7 +2 more
Examiner
PARRA, OMAR S
Art Unit
2421
Tech Center
2400 — Computer Networks
Assignee
InterDigital Inc.
OA Round
3 (Non-Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
522 granted / 700 resolved
+16.6% vs TC avg
Moderate +9% lift
Without
With
+9.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
22 currently pending
Career history
731
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
23.8%
-16.2% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 700 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/04/2026 has been entered. Response to Arguments Applicant’s arguments with respect to claim(s) 1, 4, 5, 7-10, 12, 13, 16, 19, 20, 22-25, 27 and 28 have been considered but are moot in view of the new ground(s) of rejection. 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. Claim(s) 1, 7-10, 16 and 22-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jain et al. (hereinafter ‘Jain’, Pub. No. 2021/0204011) in view of Boyce et al. (hereinafter ‘Boyce’, “Interoperability point signaling for VVC”, Publication Document JVET-K0311v1). Regarding claims 1, 7, 16 and 22, Jain teaches a method, in a client device (Jain: multiple-level stat monitor 109, Figs. 1 and 2; [0028]; [0037]), comprising: selecting an identifier of a user quality of experience , the identifier being associated with a group of constraint flag values, each constraint flag value of the group indicating whether to activate or deactivate an associated encoding tool of a video encoder (Jain: [0028]; [0029]; [0033]; [0034]; [0037]-[0039], where monitor 109 tracks information for the user device identifying QoE metrics that fall on a group of categories with respective values, after the analysis QoE estimated scores generated that will change encoding parameters); transmitting the identifier to a server; and, receiving, from the server, video data encoded with encoding tools activated or deactivated responsive to the group of constraint flag values associated with the transmitted identifier (Jain: [0065]-[0069]; [0078]). For claims 7 and 16, Server devices or distribution elements use the methods of estimating QoE values at the client to correspond with modifying encoding parameters). On the other hand, Jain does not explicitly teach wherein the identifier is used to define a decoding decision allowing tuning a video decoder so that the video decoder skips at least one decoding process specified in the video data or the video decoder adds at least one additional decoding process to decoding processes specified in the video data. However, in an analogous art, Boyce teaches proposing syntax to enable signaling for constraint flags for user-registered SEI messages. The use of Boyce’s proposed constraint flags would enable more fine-grained decoding tool disabling (or enabling, syntax dependent). Boyce teaches that decoding operation may change based upon the values of the constraint flags, including conditional presence of syntax (pages 1 and 2). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jain’s invention with Boyce’s feature of transmitting signaling through a specific syntax to enable/disable decoding tools for the benefit of fine-grain control of decoding tools based on signal constraint flags even over profile values. Regarding claims 8 and 23, Jain and Boyce teach wherein the video data is encoded by a video encoder tuned based on the identifier (Jain: [0068]; [0069]; [0078]). Regarding claims 9 and 24, Jain and Boyce teach wherein a tuning of the video encoder comprises activating or deactivating encoding tools associated with the group of constraint flags in function of the constraint flag values specified by the identifier (Jain: [0049]; [0069]). Regarding claims 10 and 25, Jain and Boyce teach wherein the identifier is used to specify at least one encoding decision allowing defining a particular implementation of a video encoder independently of the constraint flag values and any profile (Jain: [0049]; [0069]). Claim(s) 4, 5, 12, 13, 19, 20, 27 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jain et al. (hereinafter ‘Jain’, Pub. No. 2021/204011) in view of Boyce et al. (hereinafter ‘Boyce’, “Interoperability point signaling for VVC”, Publication Document JVET-K0311v1) in further view of Ahmed et al. (hereinafter ‘Ahmed’, Pub. No. 2020/0220916). Regarding claims 4, 12, 19 and 27, Jain and Boyce teach all the limitations of the claim they depend on. On the other hand, they do not explicitly teach wherein selecting an identifier comprises selecting the identifier is after a phase of capability exchange with the server comprising a reception from the server of a session description protocol message specifying encoding tools that can be activated or deactivated or a set of qualities of experience that can be selected. However, in an analogous art, Ahmed teaches a system that allows video streaming of audio/video remotely. The system establishes multimedia session between the receiving and streaming devices ([0022]; [0069]). Upon a transmission of a game identifier, and the analysis and exchange of capabilities of the receiving device, content is encoded accordingly ([0031]-[0039]). Based on the capabilities, session class can be activated for specific display device ([0040]). The encoder can provide a DesktopCapture service to the host computer ([0036]). Additionally, for real-time streaming, collected telemetry data can be provided into H.264 feed through SEI messages ([0054]-[0058]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jain and Boyce’s invention with Ahmed’s feature of exchanging capabilities with the server with a message specifying encoding tools that can be activated/deactivated for the benefit of optimizing capabilities for a higher quality of experience. Regarding claims 5, 13, 20 and 28, Jain and Boyce teach all the limitations of the claims they depend on. On the other hand, they do not explicitly teach before selecting the identifier, the method comprises obtaining a description of a set of qualities of experience that can be selected in a supplemental enhancement information (SEI) message. However, in an analogous art, Ahmed teaches a system that allows video streaming of audio/video remotely. The system establishes multimedia session between the receiving and streaming devices ([0022]; [0069]). Upon a transmission of a game identifier, and the analysis and exchange of capabilities of the receiving device, content is encoded accordingly ([0031]-[0039]). Based on the capabilities, session class can be activated for specific display device ([0040]). The encoder can provide a DesktopCapture service to the host computer ([0036]). Additionally, for real-time streaming, collected telemetry data can be provided into H.264 feed through SEI messages ([0054]-[0058]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jain and Boyce’s invention with Ahmed’s feature of using SEI messages for the benefit of improving streaming performance indicating initial buffering and other information for a higher quality of experience. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR S PARRA whose telephone number is (571)270-1449. The examiner can normally be reached M-F: Mostly 10-6PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Flynn can be reached at 571-2721915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OMAR S PARRA/Primary Examiner, Art Unit 2421
Read full office action

Prosecution Timeline

Oct 06, 2023
Application Filed
Sep 10, 2025
Non-Final Rejection mailed — §103
Jan 12, 2026
Response Filed
May 04, 2026
Final Rejection mailed — §103
Sep 04, 2026
Request for Continued Examination
Sep 11, 2026
Response after Non-Final Action
Sep 21, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12771905
APPARATUS FOR PHOTO SELECTION AND METHOD THEREOF
1y 10m to grant Granted Oct 20, 2026
Patent 12764348
DYNAMIC CONTENT DELIVERY PRIORITIZATION
3y 0m to grant Granted Oct 13, 2026
Patent 12764357
Media Content Enhancement Based on Content Importance
2y 4m to grant Granted Oct 13, 2026
Patent 12756892
TERMINAL, METHOD AND COMPUTER PROGRAM
1y 10m to grant Granted Oct 06, 2026
Patent 12750563
SYSTEMS AND METHODS FOR GRAPHICAL DATA PRESENTATION DURING A SPORTING EVENT BROADCAST
1y 8m to grant Granted Sep 29, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
75%
Grant Probability
84%
With Interview (+9.1%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 700 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month