Office Action Predictor
Last updated: April 17, 2026
Application No. 18/536,086

RENDERING DELAY AWARE PACKET PACING FOR REAL TIME MULTIMEDIA APPLICATIONS

Final Rejection §103
Filed
Dec 11, 2023
Examiner
CRAWFORD, JACINTA M
Art Unit
2617
Tech Center
2600 — Communications
Assignee
qualcomm Incorporated
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
709 granted / 805 resolved
+26.1% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
29 currently pending
Career history
834
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
55.1%
+15.1% vs TC avg
§102
5.2%
-34.8% vs TC avg
§112
16.8%
-23.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 805 resolved cases

Office Action

§103
DETAILED ACTION This action is in response to communications: Amendment filed October 30, 2025. Claims 1-30 are pending in this case. Claims 1, 6, 17, 22, 29 and 30 have been newly amended. No claims have been newly added or cancelled. This action is made FINAL. 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 § 103 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 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) 1-6, 8-14, 16-22, and 24-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over NepomucenoLeung et al. (US 2009/0252227) in view of Shojania et al. (US 2012/0281715). As to claim 1, NepomucenoLeung et al. disclose an apparatus (Figure 1) for graphics processing (e.g. graphics processing) at a first device (device (video decoder) 20)(via processor 30, further as processor 50 of Figure 2, where [0043] notes processor 50 included in video decoder 20, [0044] notes processor 50 may include a graphics processor 56, [0046] notes graphics processor 56 performing graphics processing), comprising: a memory (storage medium (memory) 22); and a processor (processor(s) 30) coupled to the memory (e.g. coupled to storage medium (memory) 22) and, based on information stored in the memory (e.g. based on intra-decoder 24 and predictive (inter) decoder 26 stored in storage medium (memory) 22), the processor (e.g. processor(s) 30) is configured to (at least Figure 4): transmit, to a second device (e.g. transmit to device (video encoder) 2), an indication of a processing delay (e.g. error (packet loss) feedback 18) associated with a set of packets associated with media content (e.g. associated with packets of various data types and formats, e.g. blocks of video data, further associated with various applications, where [0030] notes video encoder 2 and video decoder 20 capable of executing various applications include graphics applications, video game applications, video playback applications, digital camera applications, instant messaging applications, video teleconferencing applications, mobile applications, or video streaming applications, [0031] notes video encoder 2 and video decoder 20 may each be capable of processing a variety of different data types and formats, including still image data, moving image (video) data, or other multi-media data)(step 106, [0053] notes receiving feedback 18 from video decoder 20 that indicates an error, where [0054] notes feedback 18 may indicate a loss of at least a portion of the coded video data by video decoder 20, [0055] further notes feedback 18 may comprise at least one of a picture loss indication (PLI) and a general negative acknowledgment (GNACK) and may comprise feedback indicating a number of lost packets containing coded video data, each lost packet having been previously sent to, but not received by video decoder 20 by video encoder 2); receive, from the second device (video encoder 2), the set of packets (e.g. packets, e.g. blocks of video data)([0048] notes video decoder 20 receives coded blocks of video data within each frame from video encoder 2 for decoding and display, please see Figures 5-10 and associated text for additional details). NepomucenoLeung et al. differ from the invention defined in claim 1 in that NepomucenoLeung et al. do not explicitly disclose to “…receive, from the second device, the set of packets in a packet arrival pattern based on the processing delay, wherein the packet arrival pattern comprises a time gap between at least two consecutively received packets of the received set of packets…” Shojania et al. also disclose an apparatus for graphics processing at a first device (e.g. Figure 1, data receiver 110, further illustrated as data receiver 210 of Figure 2 and data receiver 1800 of Figure 18), comprising: a memory (e.g. buffers 1850-1865 and/or data storages 1890-1896); and a processor coupled to the memory (e.g. video processor 1875, audio processor 1880, and/or other data processors 1885) and, based on information stored in the memory ([0218] and [0223] notes each of processors may retrieve data from buffers 1850-1865 and/or respective data storages 1890-1896), the processor is configured to: transmit, to a second device (e.g. data sender 105, further illustrated as data sender 205 of Figure 2 and data sender 1700 of Figure 17), an indication of a processing delay (e.g. feedback, FB 145) associated with a set of packets associated with media content (e.g. associated with packets associated with media content, e.g. audio, video, and/or other data, [0043])([0044] notes data receiver 110 receives combined stream 120, estimates the bandwidth, and sends the bandwidth estimation in feedback 145 back to data sender 105, where [0209] and [0211] notes data receiver estimates the bandwidth of a connection between the data sender and data receiver and also computes other networking data such as packet loss rate, one-way latency, roundtrip delay time, etc., and includes the computed networking data into the feedback, via feedback manager 1810, and sends the feedback to the data sender); and receive, from the second device (e.g. receive from data sender 105), the set of packets in a packet arrival pattern (e.g. set of packets as a combined stream) that is based on the processing delay (e.g. based on the feedback), wherein the packet arrival pattern comprises a time gap between at least two consecutively received packets of the received set of packets (e.g. sequence of packets from a first stream may be combined with one or more packets of a second stream creating “time gaps”)(e.g. [0047] notes streams of different data types, e.g. a stream of video data and a stream of audio data, with each stream including sequences of data packets, where Figure 2, [0069] notes the data sender generates a set of streams and combines the streams into a single combined stream that contains bandwidth-estimation sequences, based on the feedback, the data sender, when necessary, adjusts the lengths of the bandwidth-estimation sequences to be sent out, where Figures 4-8 illustrates examples of combining packets into a bandwidth-estimation sequence, e.g. Figure 5, [0095] thru [0098] notes stream muxer forms a bandwidth estimation sequence by concatenating a packet sequence from a first stream and a packet from a second stream, the stream muxer preserve time gaps between packets in the second stream when the packets are placed in the combined stream, however, when the sequence spans in time longer than the time gap between the packet and the next packet in the second stream, the stream muxer places in the combined stream the next packet from the second stream between the packets of the sequence, the stream muxer may also delay the next packet from the second stream if necessary, where Figure illustrates packets A1, A2, and A3 after packet B1 with packet B2 between packets A2 and A3 in the combined sequence 510 to minimize delay)(see Figures 9 and 10 regarding processes of data sender and data receiver, respectively). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify NepomucenoLeung et al.’s system and method of providing feedback, adjusting a transmission rate, and transmitting packets based on the adjusted transmission rate with Shojania et al.’s method of providing feedback and transmitting packets in a packet arrival pattern, e.g. combined stream of packets, based on the feedback to compensate for bandwidth/network issues and/or delays in the system, e.g. packet loss rate, one-way latency, roundtrip delay time, etc., thus improving the performance of the system (see Summary of Shojania et al.). As to claim 2, NepomucenoLeung et al. modified with Shojania et al. disclose the media content comprises at least one of audio content, video content, haptic content, or graphical content (NepomucenoLeung, [0030] notes video encoder 2 and video decoder 20 capable of executing various applications include graphics applications, video game applications, video playback applications, digital camera applications, instant messaging applications, video teleconferencing applications, mobile applications, or video streaming applications, [0031] notes video encoder 2 and video decoder 20 may each be capable of processing a variety of different data types and formats, including still image data, moving image (video) data, or other multi-media data; modified with Shojania, [0043] notes streams of audio data packets and video data packets). As to claim 3, NepomucenoLeung et al. modified with Shojania et al. disclose the set of packets is associated with a pixel streaming application or a vector streaming application (modified with Shojania, [0038] notes communication session such as audio/video conference, known as streaming application, where [0043] notes streams of audio data packets and video data packets). As to claim 4, NepomucenoLeung et al. modified with Shojania et al. disclose the indication of the processing delay comprises at least one of a rendering delay, a decoding delay, an error concealment delay, or a late stage reprojection (LSR) delay (e.g. as noted in claim 1, NepomucenoLeung, feedback 18 as error (packet loss) feedback, which may be considered each of a rendering delay (e.g. rendering by video decoder 20 due to packet loss), a decoding delay (e.g. delay at the video decoder 20), an error concealment delay (e.g. to conceal error (packet loss)); modified with Shojania, feedback may include networking data such as packet loss rate, one-way latency, roundtrip delay time, etc.). As to claim 5, NepomucenoLeung et al. modified with Shojania et al. disclose the indication of the processing delay further comprises at least one of a sum or a standard deviation of at least one of the rendering delay, the decoding delay, the error concealment delay, or the LSR delay (NepomucenoLeung, [0126] thru [0128] further notes video decoder 20 may send feedback 18 based on comparing a current time to a sum of the last-sent time and the round trip travel time; modified with Shojania, feedback may include networking data such as packet loss rate, one-way latency, roundtrip delay time, etc.). As to claim 6, NepomucenoLeung et al. modified with Shojania et al. disclose to receive the set of packets in the packet arrival pattern, the processor is configured to: receive a first set of packets associated with a first frame and a second set of packets associated with a second frame, wherein the at least two consecutively received packets comprise a last packet of the first set of packets and a first packet of the second set of packets (modified with Shojania, as noted in claim 1, [0047] notes packets may be of different streams, e.g. an audio stream and a video stream, with each stream including sequences of data packets, e.g. each sequence of video packets relates to one video frame, where the number of sequences of packets are non-limiting, e.g. Figure 6 illustrates as A1 to AN, thus each may be associated with a video frame, where packet A1 may be considered a “first packet” and packet AN may be considered a “last packet”). As to claim 8, NepomucenoLeung et al. modified with Shojania et al. disclose the processor is further configured to: present, based on the received set of packets, the media content via an output device (NepomucenoLeung, Figure 2, display device 28 of video decoder 20, [0048] notes video decoder 20 receives coded blocks of video data within each frame from video encoder 2 for decoding and display, e.g. via display device 28; modified with Shojania, Figure 21, output devices 2145, where [0245] notes output devices 2145 display frames generated by the computer system). As to claim 9, NepomucenoLeung et al. modified with Shojania et al. disclose to present the media content via the output device, the processor is configured to: transmit the media content to the output device; or display the media content on the output device (see claim 8). As to claim 10, NepomucenoLeung et al. modified with Shojania et al. disclose the set of packets corresponds to a frame of video content, wherein the frame is associated with a display time duration (NepomucenoLeung, [0048] notes video encoder 2 is capable of coding (e.g. intra-coding and/or interceding) blocks of video data within each frame and sending the frame to video decoder 20 for decoding and display, the video encoder 2 uses its rate adaption module 10 to adjust the rate of intra-coding (e.g. intra-refresh rate) of block, or the number of intra-coded blocks in each frame; modified with Shojania, [0047] notes packets may be of different streams, e.g. an audio stream and a video stream, with each stream including sequences of data packets, e.g. each sequence of video packets relates to one video frame), and wherein the packet arrival pattern is associated with each packet in the set of packets being evenly distributed throughout the display time duration (modified with Shojania, as noted in claim 1, the stream muxer preserve time gaps between packets in the second stream when the packets are placed in the combined stream, however, when the sequence spans in time longer than the time gap between the packet and the next packet in the second stream, the stream muxer places in the combined stream the next packet from the second stream between the packets of the sequence, the stream muxer may also delay the next packet from the second stream if necessary, thus preserving time gap may be considered packets to be “evenly distributed”). As to claim 11, NepomucenoLeung et al. modified with Shojania et al. disclose the set of packets corresponds to a frame of video content, wherein the frame is associated with a display time duration (NepomucenoLeung, [0048] notes video encoder 2 is capable of coding (e.g. intra-coding and/or interceding) blocks of video data within each frame and sending the frame to video decoder 20 for decoding and display, the video encoder 2 uses its rate adaption module 10 to adjust the rate of intra-coding (e.g. intra-refresh rate) of block, or the number of intra-coded blocks in each frame; modified with Shojania, [0047] notes packets may be of different streams, e.g. an audio stream and a video stream, with each stream including sequences of data packets, e.g. each sequence of video packets relates to one video frame), and wherein the packet arrival pattern is associated with each packet in the set of packets being unevenly distributed throughout the display time duration (modified with Shojania, as noted in claim 1, the stream muxer preserve time gaps between packets in the second stream when the packets are placed in the combined stream, however, when the sequence spans in time longer than the time gap between the packet and the next packet in the second stream, the stream muxer places in the combined stream the next packet from the second stream between the packets of the sequence, the stream muxer may also delay the next packet from the second stream if necessary, where it may be considered the delay may cause “uneven” distribution). As to claim 12, NepomucenoLeung et al. modified with Shojania et al. disclose the processor is further configured to: compare the processing delay to a time gap between the set of packets and a second set of packets associated with the media content (modified with Shojania, Figure 10, step 1010, [0129] notes determining whether received packet is for estimating bandwidth, and step 1025, [0133] notes further determining additional packets in the bandwidth-estimation sequence, and looping each time for each packet to step 1020, [0132], recording the time the process received the packet and the size of the packet, then step 1035, [0135] computing the bandwidth estimation); transmit, to the second device (e.g. data sender), a second indication of an adjustment to the time gap based on the comparison (e.g. second feedback)(modified with Shojania, step 1045, [0138] notes sending the bandwidth estimation to the data sender); and receive, from the second device (receive by data receiver from data sender), a third set of packets based on the adjustment to the time gap (e.g. additional packets based on the second feedback)(modified with Shojania, performing method of Figure 9 to generate new bandwidth-estimation sequence based on feedback from data receiver). As to claim 13, NepomucenoLeung et al. modified with Shojania et al. disclose the comparison indicates that the time gap is less than the processing delay, and wherein the second indication of the adjustment to the time gap indicates that the time gap is to be increased (modified with Shojania, [0070] notes the stream muxer adaptively adjusts data processing and stream generation operations based on the feedback, e.g. to increase or decrease the amount of data to be generated). As to claim 14, NepomucenoLeung et al. modified with Shojania et al. disclose the comparison indicates that the time gap is greater than the processing delay by a threshold, and wherein the second indication of the adjustment to the time gap indicates that the time gap is to be decreased (modified with Shojania, [0070] notes the stream muxer adaptively adjusts data processing and stream generation operations based on the feedback, e.g. to increase or decrease the amount of data to be generated). As to claim 16, NepomucenoLeung et al. modified with Shojania et al. disclose the apparatus is a wireless communication device comprising at least one of a transceiver or an antenna coupled to the processor (NepomucenoLeung, Figure 1, network 16 coupled to video decoder 20 including processor 30; modified with Shojania, Figure 1, network 125 coupled to each of data sender and data receiver), wherein to receive the set of packets, the processor is configured to receive the set of packets via at least one of the transceiver or the antenna (NepomucenoLeung, processor 30 receive packets, e.g. blocks of video data, from video encoder 2 via network 16)(NepomucenoLeung, Figure 1, [0028] notes each of video encoder 2 and video decoder 20 may comprise, or be part of, a wireless communication device (such as a wireless mobile handset), a digital camera, a video camera, a video telephone, a digital multimedia player, a personal digital assistant (PDA), a video game console, a personal computer or laptop device, or other video device, where network 16 may comprise a wired or a wireless network, e.g. network 16 may be a private or a public (e.g., Internet) network, where [0041] notes blocks of video data are transmitted from video encoder 2 to video decoder 20 via network 16; modified with Shojania, Figure 1, packets received by data receiver from data sender over network 125). As to claim 17, NepomucenoLeung et al. disclose an apparatus (Figure 1) for graphics processing (e.g. graphics processing) at a first device (device (video encoder) 2)(via processor 14, further as processor 50 of Figure 2, where [0043] notes processor 50 included in video encoder 2, [0044] notes processor 50 may include a graphics processor 56, [0046] notes graphics processor 56 performing graphics processing), comprising: a memory (storage medium (memory) 4); and a processor (processor(s) 14) coupled to the memory (e.g. coupled to storage medium (memory) 4) and, based on information stored in the memory (e.g. based on intra-encoder 6, predictive (inter) encoder 8, and rate adaption module 10 stored in storage medium (memory) 4), the processor (e.g. processor(s) 14) is configured to (at least Figure 4): receive, from a second device (e.g. receive from device (video decoder) 20), an indication of a processing delay (e.g. error (packet loss) feedback 18) associated with a set of packets associated with media content (e.g. associated with packets of various data types and formats, e.g. blocks of video data, further associated with various applications, where [0030] notes video encoder 2 and video decoder 20 capable of executing various applications include graphics applications, video game applications, video playback applications, digital camera applications, instant messaging applications, video teleconferencing applications, mobile applications, or video streaming applications, [0031] notes video encoder 2 and video decoder 20 may each be capable of processing a variety of different data types and formats, including still image data, moving image (video) data, or other multi-media data)(step 106, [0053] notes receiving feedback 18 from video decoder 20 that indicates an error, where [0054] notes feedback 18 may indicate a loss of at least a portion of the coded video data by video decoder 20, [0055] further notes feedback 18 may comprise at least one of a picture loss indication (PLI) and a general negative acknowledgment (GNACK) and may comprise feedback indicating a number of lost packets containing coded video data, each lost packet having been previously sent to, but not received by video decoder 20 by video encoder 2); determine a packet departure pattern (e.g. determine a rate for intra-coding) for the set of packets associated with the media content (e.g. for the packets, e.g. blocks of video data) based on the indication of the processing delay (e.g. based on error (packet loss) feedback 18)(step 108, [0053], upon receipt of feedback 18, video encoder 2 may determine a rate for intra-coding a specified number of segments (e.g. blocks) of video data for each video unit within a sequence of video units (e.g. frames), see also [0054] thru [0059] for additional details); and transmit, to the second device (e.g. transmit to the video decoder 20), the set of packets (e.g. packets, e.g. blocks of video data)([0048] notes video decoder 20 receives coded blocks of video data within each frame from video encoder 2 for decoding and display, please see Figures 5-10 and associated text for additional details). NepomucenoLeung et al. differ from the invention defined in claim 17 in that NepomucenoLeung et al. do not explicitly disclose “…transmit, to the second device, based on the packet departure pattern, wherein the packet departure pattern comprises a time gap between at least two consecutively received packets of the received set of packets…” Shojania et al. disclose an apparatus for graphics processing at a first device (e.g. data sender 105, further illustrated as data sender 205 of Figure 2 and data sender 1700 of Figure 17), comprising: a memory (e.g. buffers 1850-1865 and/or data storages 1890-1896); and a processor coupled to the memory (e.g. video processor 1875, audio processor 1880, and/or other data processors 1885) and, based on information stored in the memory ([0218] and [0223] notes each of processors may retrieve data from buffers 1850-1865 and/or respective data storages 1890-1896), the processor is configured to: receive, from a second device (e.g. Figure 1, data receiver 110, further illustrated as data receiver 210 of Figure 2 and data receiver 1800 of Figure 18), an indication of a processing delay (e.g. feedback, FB 145) associated with a set of packets associated with media content (e.g. associated with packets associated with media content, e.g. audio, video, and/or other data, [0043])([0044] notes data receiver 110 receives combined stream 120, estimates the bandwidth, and sends the bandwidth estimation in feedback 145 back to data sender 105, where [0209] and [0211] notes data receiver estimates the bandwidth of a connection between the data sender and data receiver and also computes other networking data such as packet loss rate, one-way latency, roundtrip delay time, etc., and includes the computed networking data into the feedback, via feedback manager 1810, and sends the feedback to the data sender); determine a packet departure pattern for the set of packets associated with the media content based on the indication of the processing delay (e.g. via stream muxer, determine a combined stream of packets based on the feedback, further described below); and transmit, to the second device (e.g. transmit to the data receiver), the set of packets based on the packet departure pattern (e.g. the set of packets as the combined stream), wherein the packet departure pattern comprises a time gap between at least two consecutively transmitted packets of the transmitted set of packets (e.g. sequence of packets from a first stream may be combined with one or more packets of a second stream creating “time gaps”)(e.g. [0047] notes streams of different data types, e.g. a stream of video data and a stream of audio data, with each stream including sequences of data packets, where Figure 2, [0069] notes the data sender generates a set of streams and combines the streams into a single combined stream that contains bandwidth-estimation sequences, based on the feedback, the data sender, when necessary, adjusts the lengths of the bandwidth-estimation sequences to be sent out, where Figures 4-8 illustrates examples of combining packets into a bandwidth-estimation sequence, e.g. Figure 5, [0095] thru [0098] notes stream muxer forms a bandwidth estimation sequence by concatenating a packet sequence from a first stream and a packet from a second stream, the stream muxer preserve time gaps between packets in the second stream when the packets are placed in the combined stream, however, when the sequence spans in time longer than the time gap between the packet and the next packet in the second stream, the stream muxer places in the combined stream the next packet from the second stream between the packets of the sequence, the stream muxer may also delay the next packet from the second stream if necessary, where Figure illustrates packets A1, A2, and A3 after packet B1 with packet B2 between packets A2 and A3 in the combined sequence 510 to minimize delay). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify NepomucenoLeung et al.’s system and method of providing feedback, adjusting a transmission rate, and transmitting packets based on the adjusted transmission rate with Shojania et al.’s method of providing feedback and transmitting packets based on a packet departure pattern, e.g. combined stream of packets, based on the feedback to compensate for bandwidth/network issues and/or delays in the system, e.g. packet loss rate, one-way latency, roundtrip delay time, etc., thus improving the performance of the system (see Summary of Shojania et al.). Claims 18-22 are similar in scope to claims 2-6, respectively, and are therefore rejected under similar rationale. Claim 24 is similar in scope to claims 8 and 9 combined, and is therefore rejected under similar rationale. Claims 25-27 are similar in scope to claims 10-12, respectively, and are therefore rejected under similar rationale. Claim 28 is similar in scope to claim 16, and is therefore rejected under similar rationale. As to claim 29, NepomucenoLeung et al. modified with Shojania et al. disclose a method of graphics processing at a first device, comprising the steps as performed by the apparatus of claim 1. Please see the rejection and rationale of claim 1 above. As to claim 30, NepomucenoLeung et al. modified with Shojania et al. disclose a method of graphics processing at a first device, comprising the steps as performed by the apparatus of claim 17. Please see the rejection and rationale of claim 17 above. Claim(s) 7, 15, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over NepomucenoLeung et al. (US 2009/0252227) in view of Shojania et al. (US 2012/0281715) as applied to claims 1, 12, and 17 above, and further in view of Wang et al. (US 2005/0002337). As to claim 7, NepomucenoLeung et al. modified with Shojania et al. disclose to transmit the indication of the processing delay associated with the set of packets, the processor is configured to transmit the indication of the processing delay via a real-time transport protocol (RTP) or real-time control protocol (RTCP) with the second device (NepomucenoLeung, [0039] notes packet loss feedback 18 may include Real-Time Control Protocol (RTCP) data or messages or one or more Real-Time Transport Protocol (RTP) messages), but do not disclose, but Wang et al. disclose to transmit the indication…via a session description protocol (SDP) during a multimedia session setup with the second device ([0051] notes streaming multimedia content via server 111, [0052] notes the streaming session or presentation description made to client 101 via an SDP file (session description protocol), [0072] notes information about error resilience levels signaled between server 111 and client 101, the server 111 may, during streaming session setup, let the client 101 know which resilience alternatives are available, after the session setup, i.e. during an established session, the client 101 may request a desired error resilience level from the server 111, [0073] further notes SDP represents a network protocol used for session setup, where the error resilience information is conveyed in the SDP session description during session setup phase, the SDP sent from server 111 to client 101). It would have been obvious to ordinary skill in the art at the time of the invention to further modify NepomucenoLeung et al. modified with Shojania et al.’s method of transmitting indications of processing delay, e.g. feedback information, via real-time transport protocol (RTP) or real-time control protocol (RTCP), with Wang et al.’s method of transmitting information between devices via session description protocol (SDP) as an alternative means of transmitting information, yielding predictable results, without changing the scope of the invention. As to claim 15, NepomucenoLeung et al. modified with Shojania et al. disclose to transmit the second indication of the adjustment to the time gap, the processor is configured to transmit the second indication of the adjustment to the time gap (1) via a session description protocol (SDP) or (2) via a real-time transport protocol (RTP) header extension in a packet (NepomucenoLeung, [0039] notes packet loss feedback 18 may include Real-Time Control Protocol (RTCP) data or messages or one or more Real-Time Transport Protocol (RTP) messages; modified with Shojania, transmitting feedback of the bandwidth, e.g. adjustment to the time gap), but do not disclose, but Wang et al. to transmit the second indication….(1) via a session description protocol (SDP) or (2) via a real-time transport protocol (RTP) header extension in a packet (see claim 7). Claim 23 is similar in scope to claim 7, and is therefore rejected under similar rationale. Response to Arguments Applicant's arguments filed October 30, 2025 have been fully considered but they are not persuasive. Applicant amends independent claims 1 and 29 to similarly recite, “…receive, from the second device, the set of packets in a packet arrival pattern based on the processing delay, wherein the packet arrival pattern comprises a time gap between at least two consecutively received packets of the received set of packets…” and further amends independent 17 and 30 to similarly recite, “…transmit, to the second device, the set of packets based on the packet departure pattern, wherein the packet departure pattern comprises a time gap between at least two consecutively transmitted packets of the transmitted set of packets…” Applicant argues on pages 8-13 of the Amendment filed that the prior art of record, NepomucenoLeung et al. modified with Cho et al., fails to teach the limitations of the claims as now amended. In light of the amendment of independent claims 1, 17, 29, and 30, NepomucenoLeung et al. is now modified with newly found reference, Shojania et al. (US 2012/0281715), for teaching the limitations of the claims as now amended. Please see the rejection and notes regarding the claims above. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. DANIELSSON et al. (US 2024/0405906) disclose a system and method of adjusting a packet rate based on link properties between a first node and a second node; Van der Auwera et al. (US 2016/0037128) disclose a system and method of identifying a reduction in a network link rate of a network from a first network link rate and a second network link rate and determining a recovery rate; and Yang et al. (US 2015/0244650) disclose a system and method of handling packet errors associated with multimedia data received at data receivers from data senders, in which packet error feedback is provided by the data receivers to the data senders, the data receivers calculate costs associated with the feedback and obtain wait times for handling out-of-order packets. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACINTA M CRAWFORD whose telephone number is (571)270-1539. The examiner can normally be reached 8:30a.m. to 4:30p.m. 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, King Y. Poon can be reached at (571)272-7440. 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. /JACINTA M CRAWFORD/Primary Examiner, Art Unit 2617
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Prosecution Timeline

Dec 11, 2023
Application Filed
Jul 26, 2025
Non-Final Rejection — §103
Oct 30, 2025
Response Filed
Feb 07, 2026
Final Rejection — §103
Mar 10, 2026
Interview Requested
Mar 17, 2026
Applicant Interview (Telephonic)
Mar 21, 2026
Examiner Interview Summary
Apr 13, 2026
Response after Non-Final Action

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
88%
Grant Probability
97%
With Interview (+9.2%)
2y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 805 resolved cases by this examiner. Grant probability derived from career allow rate.

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