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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ho et al (20200177311).
As per claim 1, Ho et al (20200177311) teaches a method, comprising:
obtaining, by a first electronic device during a communication session with a second electronic device (as, the degree of redundancy and information is shared over communication nodes – see para 0121, amongst multiple devices – see figure 1, client devices), a packet loss rate associated a network connection for the communication session; determining, by the first electronic device (as determining a packet loss rate – para 0209, ),
a redundancy level for audio data of the first electronic device based at least in part on the packet loss rate and an expected delay time associated with the redundancy level ( as calculating the loss rate, as well as the RTT(round trip time) delays – para 0302; and altering the redundancy level based on that information – para 0077); wherein the expected delay time is based at least in part on a previously determined delay time for packets transmitted using the redundancy level (as, based on redundancy information and pre-calculated delay times, choosing the level of redundancy to replicate/substitute for the erased packets, and choosing number of blocks as well as block length, based on the known processing parameters – para 0342, and pare 0343 showing known reconstruction delay);
and providing the audio data from the first electronic device to the second electronic device during the communication session using the determined redundancy level (then transmission of the packets along with the redundancy information – para 0078, which can be audio data – para 0160).
As per claim 2, Ho et al (20200177311) teaches the method of claim 1, wherein determining the redundancy level based at least in part on the packet loss rate and the expected delay time comprises:
determining the redundancy level based on a weighted combination of a function of the packet loss rate and a function of the expected delay time (as, using a set of weights and functions, based on feedback of the datapaths – para 0439, and modifying the information such as redundancy – para 0440, 0442; which includes packet loss and RTT (round trip time) -- para 0303, 0306).
As per claim 3, Ho et al (20200177311) teaches the method of claim 1, wherein: obtaining the packet loss rate comprises detecting an increase in the packet loss rate while providing the audio data at a current redundancy level, the expected delay time comprises:
a previously determined delay time for packets transmitted using another redundancy level different from the current redundancy level (as tracking and modifying, the first redundancy level, to a second redundancy level – para 0125).
, and determining the redundancy level comprises determining, based at least in part on the previously determined delay time, that the audio data is to be provided using the current redundancy level ((as tracking current and previous delay times, and rate of increase of RTT – para 0302-0303 as well as adjusting the redundancy levels in real time – see para 0460, last 1/3 –
“of multiple different data paths with different communication protocols if it is determined that a data path is altering flow of messages initial division based on previous communication connections. In embodiments, provided herein is a system for data communication between nodes having the ability to maintain an estimate of a rate of loss events and use it to adjust the rate of redundancy messages and having the ability to modify/add/remove redundancy information associated with encoded data as it travels from node to node via channels based on channel characteristics. In embodiments, provided herein is a system for data communication between nodes having the ability to maintain an estimate of a rate of loss events and use it to adjust the rate of redundancy messages and having the ability to send FEC packets at an estimated rate of loss events (isolated packet loss or burst of consecutive packets). In embodiments, provided herein is a system for data communication between nodes having the ability to maintain an estimate of a rate of loss events and use it to adjust the rate of redundancy messages and having combined coding, TCP,”.
.
As per claim 4, Ho et al (20200177311) teaches the method of claim 3, further comprising:
detecting, by the first electronic device, an additional increase in the packet loss rate while providing the audio data using the current redundancy level (as tracking increase in packet loss and rate of increase in RTT – see para 0302);
and determining, based at least in part on the increase in packet loss rate, the additional increase in the packet loss rate, and the expected delay time for the other redundancy level different from the current redundancy level, that the audio data is to be provided using the other redundancy level (as, changing the redundancy level, to a second level, based upon the increase rates – para 0125, 0127).
As per claim 5, Ho et al (20200177311) teaches the method of claim 1, wherein the redundancy level comprises an amount of redundant audio data, also previously provided in a prior packet, that is included in a current packet with primary audio data for the current packet (as tracking and modifying, the first redundancy level, to a second redundancy level – para 0125).
As per claim 6, Ho et al (20200177311) teaches the method of claim 5, wherein the amount of redundant audio data corresponds to a block size of the redundant audio data (see para 0127, wherein modifying the redundancy is based on block size).
As per claim 7, Ho et al (20200177311) teaches the method of claim 1, wherein determining the redundancy level comprises switching from a current redundancy level for the audio data to a higher redundancy level for the audio data based at least in part on the packet loss rate and the expected delay time (as increasing the degree of redundancy based on a feedback message showing increase loss – para 0078; see also para 0077, on the increasing degree of redundancy, and para 0079 showing an increase of redundancy base on a loss probability),
and wherein the expected delay time comprises a previously determined delay time of the higher redundancy level relative to a previously determined delay time of the current redundancy level (as adjusting the redundancy levels in real time – see para 0460, last 1/3 –
“of multiple different data paths with different communication protocols if it is determined that a data path is altering flow of messages initial division based on previous communication connections. In embodiments, provided herein is a system for data communication between nodes having the ability to maintain an estimate of a rate of loss events and use it to adjust the rate of redundancy messages and having the ability to modify/add/remove redundancy information associated with encoded data as it travels from node to node via channels based on channel characteristics. In embodiments, provided herein is a system for data communication between nodes having the ability to maintain an estimate of a rate of loss events and use it to adjust the rate of redundancy messages and having the ability to send FEC packets at an estimated rate of loss events (isolated packet loss or burst of consecutive packets). In embodiments, provided herein is a system for data communication between nodes having the ability to maintain an estimate of a rate of loss events and use it to adjust the rate of redundancy messages and having combined coding, TCP,”.
As per claim 8, Ho et al (20200177311) teaches the method of claim 7, further comprising:
obtaining, by the first electronic device while providing the audio data at the higher redundancy level during the communication session, an updated packet loss rate associated with the communication session (as using a continual measurement for packet loss rate and roundtrip time – para 0303; para 0309; and increasing the redundancy level – para 0078);
and switching from the higher redundancy level to a further higher redundancy level for the audio data based at least in part on the updated packet loss rate and another expected delay time associated with the further higher redundancy level (as increasing the degree of redundancy based on a feedback message showing increase loss – para 0078; see also para 0077, on the increasing degree of redundancy, and para 0079 showing an increase of redundancy base on a loss probability).
Claims 9-16 are non-transitory computer readable medium claims storing instructions executed by a processor, performing the steps found in claims 1-8 above; as such, claims 9-16 are similar in scope and content to claims 1-8 above and therefore, claims 9-16 are rejected under similar rationale as presented against claims 1-8 above. Furthermore, Ho et al (20200177311) teaches storage memories, storing the instructions executed by available processors – see para 0381, 0379, and para 0380.
Claims 17-20 are device claims that perform the steps found in claims 1-8 above; as such, claims 17-20 are similar in scope and content to claims 1-8 above and therefore, claims 17-20 are rejected under similar rationale as presented against claims 1-8 above. Furthermore, Ho et al (20200177311) teaches storage memories, storing the instructions executed by available processors – see para 0381, 0379, and para 0380.
Response to Arguments
The amended abstract is acceptable. Applicant’s arguments (toward the independent claims) with respect to the claim(s) have been considered but are moot because the new ground of rejection relies on a different section of the Ho et al reference. As to the arguments toward the dependent claims, and the claim features toward redundant audio and block size, examiner argues that the recited section of Ho et al, para 0125, 0127, teaches the passing of audio encoded information to the next node, as well as processing information, including block size, etc.; in other words, the information at the intermediate/second node is previous packet information, along with the updated channel characteristics. As to the arguments against claims 7,15,19, examiner notes that para 0077, the degree of redundancy is toward the packetized information (albeit stating ‘message’), but is pertinent to the idea of calculating delays and the time it takes for processing redundancies, the amount of redundancies, etc. This is reinforced in the paragraph used above in Ho et al, in addressing the newly presented claim limitations.
Examiner acknowledges the interview request, and notes that it may be more productive to conduct the interview after the applicants review the newly recited sections of Ho et al, in totality, as well as the references mentioned at the end of this office action
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see related art listed on the PTO-892 form. Furthermore, the following references were found to be applicable to features in applicants spec/claims:
Celia et al (20190041842) teaches redundancy information calculated as a multiple of different subsets of inputs – para 1094, including rate of packet loss – para 1061.
Effros et al (20140269289) teaches altering redundancy rates based on block size and packet loss rates (para 0097, 0099, and weighting the calculations – para 0070).
Chow et al (20190373526) teaches relative weighting of packet loss, redundancy, and the like (para 0099, 0102, and for secondary networks – para 0106).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Opsasnick, telephone number (571)272-7623, who is available Monday-Friday, 9am-5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Richemond Dorvil, can be reached at (571)272-7602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael N Opsasnick/Primary Examiner, Art Unit 2658 05/19/2026
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