Prosecution Insights
Last updated: July 17, 2026
Application No. 18/664,241

SYSTEM AND METHOD OF ALTERING REAL TIME AUDIO AND VIDEO STREAMS

Non-Final OA §103
Filed
May 14, 2024
Priority
Dec 17, 2021 — provisional 63/290,804 +1 more
Examiner
DUBASKY, GIGI L
Art Unit
2421
Tech Center
2400 — Computer Networks
Assignee
Ezlo Innovation LLC
OA Round
3 (Non-Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
458 granted / 617 resolved
+16.2% vs TC avg
Strong +35% interview lift
Without
With
+35.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
14 currently pending
Career history
636
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
85.5%
+45.5% vs TC avg
§102
7.0%
-33.0% vs TC avg
§112
2.9%
-37.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 617 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 . 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. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04/17/2026 has been entered. Terminal Disclaimer The terminal disclaimer filed on 04/17/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Patent No. 12,219,186 and the copending application No. 18/664,756 has been reviewed and is accepted. The terminal disclaimer has been recorded. Status of Claims Claims 1-2 and 13 had been canceled previously. Claims 16-20 have been newly added. Claims 3-12 and 14-20 are pending. Response to Arguments The Double Patenting has been withdrawn due to the approved terminal disclaimer submitted on 04/17/2026. Applicant’s arguments in the Remarks filed on 04/17/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 3-6 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kusumoto (US 2017/0347068) in view of Kellerman (US 2015/0163538) and further in view of Kapicioglu et al (US 2018/0080793). Regarding claim 3, Kusumoto discloses a method for altering video (Figure 1) comprising: sending video feed by at least one camera to a hardware module (¶ [0023] and ¶ [0026]); maintaining, by said hardware module, a predefined amount of pre-roll past video frames (¶ [0023] and ¶ [0036]); sending said pre-roll past video frames upon connection by a user to a real time video feed display and switching to said real time video after receipt of said pre-roll past video frames (Figure 4; ¶ [0030]-[0032], ¶ [0037] and ¶ [0062] for sending recorded image then switching to live video image as user input on a switch button). Kusumoto is silent about the pre-roll past video frames display in a fast forward manner, and combining user behavior analytics and sensory information to feed a machine learning model, the sensory information taken from geo-fencing. Kellerman discloses upon a user request to change to another video in a live transport stream, buffered video frames of the requested video are displayed in a fast forward manner to catch up with live video stream and switching to the live video stream after receipt of the buffered video frames (¶ [0028]-[0029]). It would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to modify Kusumoto system with the teaching of Kellerman about displaying buffered video frames in fast forward manner to catch up with live video stream upon a user request, so to provide an alternative way of presenting requested video content in an automatic manner in the benefits of enhancing user viewing experience. Kusumoto in view of Kellerman is silent about combining user behavior analytics and sensory information to feed a machine learning model, the sensory information taken from geo-fencing. Kapicioglu discloses combining user behavior analytics and sensory information to feed a machine learning model, the sensory information taken from geo-fencing (¶ [0013]-[0015], ¶ [0020] and ¶ [0026]-[0029]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to modify Kusumoto in view of Kellerman system with the teaching of Kapicioglu about feeding a machine learning model user and sensory information taken from geo-fencing, so to train a machine learning to perform tasks in an automatic manner. Regarding claim 4, Kusumoto in view of Kellerman and further in view of Kapicioglu discloses the method as discussed in the rejection of claim 3. The combined system further discloses wherein said predefined amount of pre-roll past video frames is of a set duration prior to present time (taught by Kusumoto; ¶ [0030] and ¶ [0036]). Regarding claim 5, Kusumoto in view of Kellerman and further in view of Kapicioglu discloses the method as discussed in the rejection of claim 3. The combined system further discloses sending a notification to said user based on a motion event and initiating said real time video upon response to said notification (taught by Kusumoto; ¶ [0030] and ¶ [0037]). Regarding claim 6, Kusumoto in view of Kellerman and further in view of Kapicioglu discloses the method as discussed in the rejection of claim 3. The combined system further discloses wherein said hardware module includes a software module having a process to receive a video stream and send a video stream (taught by Kusumoto; ¶ [0022]; and taught by Kellerman; ¶ [0019]-[0023]). Regarding claim 16, Kusumoto in view of Kellerman and further in view of Kapicioglu discloses the method as discussed in the rejection of claim 6. The combined system further discloses wherein said software module includes an operation system layer, video receiving libraries, networking functions, and video sending libraries (Kusumoto’s Figures 2-3; Kellerman’s Figure 7; and Kapicioglu’s Figures 1-2 and 4). Regarding claim 17, Kusumoto in view of Kellerman and further in view of Kapicioglu discloses the method as discussed in the rejection of claim 16. The combined system further discloses an application layer having why motion features (taught by Kusumoto; ¶ [0082] for application layer performing functions of circuits in Figure 2; and ¶ [0027]-[0030] for detecting circuit for detecting motion events by receiving video image from signal processing circuit and output motion detected results when a pre-registered registration events occurs). Regarding claim 18, Kusumoto in view of Kellerman and further in view of Kapicioglu discloses the method as discussed in the rejection of claim 17. The combined system further discloses wherein said why motion features receives said video stream from said video receiving libraries and sends said video stream out to said video stream libraries in formats comprising H264, H265, VP8, VP9, MJPEG, raw or custom format (taught by Kusumoto; ¶ [0023]-[0024]; and taught by Kellerman; ¶ [0029]; and ¶ [0052]-[0053]). Regarding claim 19, Kusumoto in view of Kellerman and further in view of Kapicioglu discloses the method as discussed in the rejection of claim 17. The combined system further discloses wherein said why motion feature includes computer vision motion detection, at least one image buffer and a connection manager (Kusumoto’s Figures 1-3). Regarding claim 20, Kusumoto in view of Kellerman and further in view of Kapicioglu discloses the method as discussed in the rejection of claim 17. The combined system further discloses wherein said why motion feature includes at least one passive infrared laser, logic, and a user manager (taught by Kusumoto; ¶ [0025], ¶ [0033] and ¶ [0080]-[0082]; and taught by Kapicioglu; ¶ [0013]). Allowable Subject Matter Claims 7-12 and 14-15 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The arts of record either alone or in combination fails to particularly disclose or suggest the unique combination and arrangement of claimed elements recited in the claim 7 and claim 8, when considering the claims as a whole. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIGI L DUBASKY whose telephone number is (571)270-5686. The examiner can normally be reached M-F 9:00-5:00. 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 571-272-1915. 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. /GIGI L DUBASKY/Primary Examiner, Art Unit 2421
Read full office action

Prosecution Timeline

May 14, 2024
Application Filed
Mar 27, 2025
Non-Final Rejection mailed — §103
Sep 25, 2025
Response Filed
Oct 17, 2025
Final Rejection mailed — §103
Apr 17, 2026
Request for Continued Examination
Apr 29, 2026
Response after Non-Final Action
May 19, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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NETWORK TIME-SHIFT BUFFERING, RECORDING CONVERSION, AND CONTENT MANAGEMENT
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SYSTEM AND METHOD OF ALTERING REAL TIME AUDIO AND VIDEO STREAMS
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Patent 12671870
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Patent 12659530
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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
74%
Grant Probability
99%
With Interview (+35.4%)
2y 9m (~7m remaining)
Median Time to Grant
High
PTA Risk
Based on 617 resolved cases by this examiner. Grant probability derived from career allowance rate.

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