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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2 & 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aaron et al. (US 2016/0295216 A1) (hereinafter Aaron).
Regarding claim 1, Aaron discloses a method comprising:
receiving a plurality of representations of a relationship between bitrate and quality for a first portion of content [Paragraph [0005], [0024]-[0035] & [0055], source inspector 120 receiving bitrate ladder comprising “rungs” as plurality of representations of bitrate and resolution as quality, wherein step 604 partitions source data 105, as content, into N segments as first portions], wherein representations in the plurality of representations are based on respective second portions of the content that is included in the first portion of content [Paragraph [0005], [0024]-[0035] & [0055]-[0057], Encoder 140 receiving bitrate ladder comprising “rungs” measured from fixed-length samples at midpoint of segments, as second portions of content of the segments];
generating clusters of the plurality of representations [Paragraph [0055]-[0060], Bucketing unit 260 setting complexity bucket units as clusters];
analyzing the clusters to determine a first list of encoding operational points for respective clusters [Paragraph [0051]-[0060], Fig. 3, Complexity analyzer determining bit rate ladders 134s as first list of encoding operational points for each bucket as clusters];
analyzing the first list of encoding operational points for respective cluster to determine a second list of encoding operational points [Paragraph [0051]-[0060], Fig. 3, Complexity analyzer generates PSNR graph 255 including best-fit curve, and then bucketing unit 260 selects complexity bucket and, by proxy, bit rate ladder 134 as second list of encoding operational points]; and
outputting the second list of encoding operational points for use in encoding the first portion of content [Paragraph [0051]-[0060], bit rate ladder 130 outputs source-tuned bitrate ladder 135 to encoder 140 for encoding source data 105].
Regarding claim 2, Aaron discloses the method of claim 1, and further discloses wherein: the first portion of content comprises a chunk, and a second portion of the content comprises a segment, wherein the chunk includes a plurality of segments [Paragraph [0005], [0024]-[0035] & [0055], wherein step 604 partitions source data 105, as content, into N segments as chunks, fixed-length samples at midpoint of segments, reading as segments].
Regarding claims (18-19), non-transitory computer-readable storage medium claims (18-19) recite steps similar to the method of using the same as claimed in claims (1-2) treated in the above rejection. Therefore, claims (18-19) corresponds to method claims (1-2) and are rejected for the same rationale as used above.
Furthermore, Aaron discloses of the non-transitory computer-readable storage medium having stored thereon computer executable instructions [Paragraph [0066]-[0067], More specific examples (a non-exhaustive list) of the computer readable storage medium would include the following: an electrical connection having one or more wires, a portable computer diskette, a hard disk, a random access memory (RAM), a read-only memory (ROM), an erasable programmable read-only memory (EPROM or Flash memory), an optical fiber, a portable compact disc read-only memory (CD-ROM), an optical storage device, a magnetic storage device, or any suitable combination of the foregoing].
Regarding claim 20, apparatus claim 20 is drawn to the apparatus using/performing the same method as claimed in claim 1. Therefore apparatus claim 20 corresponds to method claim 1, and is rejected for the same rationale as used above.
Furthermore, Aaron discloses of one or more computer processors; and a computer-readable storage medium comprising instructions for controlling the one or more computer processors to be operable [Paragraph [0066]-[0067], More specific examples (a non-exhaustive list) of the computer readable storage medium would include the following: an electrical connection having one or more wires, a portable computer diskette, a hard disk, a random access memory (RAM), a read-only memory (ROM), an erasable programmable read-only memory (EPROM or Flash memory), an optical fiber, a portable compact disc read-only memory (CD-ROM), an optical storage device, a magnetic storage device, for a processor to execute general purpose instructions].
Allowable Subject Matter
Claims 3-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and overcoming the nonstatutory double patenting rejections outlined above.
Claims 3-17 contain allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter: The various claimed limitations mentioned in the claims are not taught or suggested by the prior art taken either singly or in combination, with emphasize that it is each claim, taken as a whole, including the interrelationships and interconnections between various claimed elements make them allowable over the prior art of record.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL CHANG whose telephone number is (571)272-5707. The examiner can normally be reached M-Sa, 12PM - 10 PM.
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/DANIEL CHANG/Primary Examiner, Art Unit 2487