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 .
Response to Arguments
Applicant's arguments filed on 02/17/2026 have been fully considered. As applied to the 101 SME eligibility, the rejection is hereby withdrawn.
Applicant' s arguments with respect to claims 1-20 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. Applicant’s amendment necessitated the new ground 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gigliotti (US 20090307367 A1) in view Bajpai et al. (US 20090103607) (hereinafter Bajpai).
Regarding claims 1 and 14, Gigliotti discloses a system, comprising: a first accessory, including a buffer and one or more processors (i.e., [0025]: “each client 104(1), . . . , 104(M) is equipped with one or more processors 122 and memory 124 to store data and applications and to process data. The memory 124 may include one or more buffers 126 to store data, such as streaming media received from the host 102.”) and method for dynamically adjusting a bit-rate of encoded audio data (i.e., a media stream of a first bit rate may be transmitted to the user which may ensure an uninterrupted or substantially uninterrupted stream of media. The host may then transition the stream of media to a higher or lower bit rate based on future bandwidth measurements, among other possible factors, to adjust the quality of the stream while the user receives an uninterrupted stream of media.” See Gigliotti paragraph 13, the method comprising: receiving, at a buffer, audio data encoded at a first bit-rate (i.e., The “memory 124 may include one or more buffers 126 to store data, such as streaming media received from the host 102.”…“At 204 the host 102 may transmit streaming media to the client 104 at the first bit rate to fill an initial buffer, such as one of the buffers 126.” See Gigliotti paragraph [0025], [0028]); determining, by one or more processors, an audio data level within the buffer, wherein the audio data level is the amount of audio data stored within the buffer (i.e., Gigliotti discloses monitoring and determining buffer fill amount (audio data level) using client processors and activity monitors: “each client 104(1), . . . , 104(M) is equipped with one or more processors 122 and memory 124 … The memory 124 may include one or more buffers 126 to store data, such as streaming media received from the host 102.” and “The first graph 212 and the second graph 214 include a fill level (i.e., an amount of data in the buffer) on the y-axis and time on the x-axis and are used to plot the buffer activity for each stream of media.” See Gigliotti paragraph [0025], [0029]–[0030]; Fig. 6 and paragraph [0054]–[0056] (periodic samples)); initiating, by the one or more processors, a bit-rate adjustment based on the rate of change of the audio data level (i.e., Continuous periodic samples 612(1), . . . , 612(n) may initiate the host 102 to begin streaming a reduced bit rate stream to the client 104.” [0042]; “the host 102 may determine whether the bandwidth can support a higher bit rate… or the bandwidth cannot support the current stream bit rate and the bit rate needs to be lowered” see paragraph [0043)).
Gigliotti does not explicitly (although one might argue implicitly (see Gigliotti paragraphs 30 and 42)) identifying, by the one or more processors, that the audio data level has transitioned from a first buffer zone to a second buffer zone; transitioning, by the one or more processors, the buffer status from a first state based on the audio data level being within the first buffer zone to a second state based on the audio data level being within the second buffer zone; while in the second state, determining a rate of change of the audio data level over a predetermined time period;
Bajpai discloses a method comprising identifying, by the one or more processors, that the audio data level has transitioned from a first buffer zone to a second buffer zone (i..e, [0036]: “the amount of available space in buffer 105 may be represented by various exemplary states 302 (‘Bonus’), 304 (‘Green’), 306 (‘Yellow’), 308 (‘Red’) and 310 (‘Full’).” [0037]: “the boundaries between various states 302-310 may represent ‘watermarks’ that indicate transition points wherein the bit rate (or other encoding parameter) is adjusted upwardly and/or downwardly. As the buffer utilization moves from the ‘yellow’ state 306 to the ‘green’ state 304, for example, bit rate may be increased to take advantage of the excess capacity. Similarly, bit rate may be decreased as the buffer utilization breaches a watermark from the top (as shown in FIG. 3) toward the bottom of the figure.”); transitioning, by the one or more processors, the buffer status from a first state based on the audio data level being within the first buffer zone to a second state based on the audio data level being within the second buffer zone (i.e., [0045]: “the encoding parameter is adjusted when change occurs in the buffer utilization (step 410). As the buffer utilization increases or decreases to a new state 302-310 (FIG. 3), for example, the rate can be adjusted to reflect the newer state.” [0038]: “Rather than limiting parameter changes to occurrences of watermark breaches, for example, adjustments may be made within categories (or otherwise) based upon the actual measured/observed values of the encoder rate and buffer capacity.”); while in the second state, determining a rate of change of the audio data level over a predetermined time period (i.e., [0044]: “the values gathered in step 406 may be averaged over any appropriate period of time (e.g., a second or so) to reduce the effects of relatively short term transients that may occur.” [0043]: “data is gathered on a relatively regular temporal basis (e.g., every 100 ms or so)” [0035]: “monitoring the fullness and/or utilization of a buffer 105 in the encoder system 102 as well as the rates at which the buffer 105 fills and empties”).
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 combine the teaching of Gigliotti with the teachings of Bajpai to arrive at the claimed invention. A motivation for doing would have been to provide efficient network conditions.
Regarding claim 2, Gigliotti discloses the method of claim 1 (see claim 1 rejection), wherein the buffer s within an accessory, and the audio is received from a host device (i.e., “In the environment 100, a host 102 may be in communication with a client 104 via a network 106. In embodiments, the host 102 may transmit streaming media to the client 104 for playback to a user 108.” and “The memory 124 may include one or more buffers 126 to store data, such as streaming media received from the host 102.” See Gigliotti paragraphs [0016], [0025]; Fig. 1).
Regarding claims 3 and 15, Gigliotti discloses the method and system of claims 1 and 14.
Although Gigliotti discloses a method and system as described, Gigliotti does not specifically disclose a method and system wherein the first and second buffer zones are two of a normal zone, a monitor zone, or a switch zone.
However, Bajpai discloses a method wherein the first and second buffer zones are two of a normal zone, a monitor zone, or a switch zone (i.e., [0036]: “the amount of available space in buffer 105 may be represented by various exemplary states 302 (‘Bonus’), 304 (‘Green’), 306 (‘Yellow’), 308 (‘Red’) and 310 (‘Full’). Other embodiments may use any number of states having different relative sizes, descriptors or other features.”).
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 combine the teaching of Gigliotti with the teachings of Bajpai to arrive at the claimed invention. A motivation for doing would have been to provide efficient network conditions.
Regarding claims 4 and 16, Gigliotti discloses the method and system of claims 3 and 15. Although Gigliotti discloses a method and system as described, Gigliotti does not specifically disclose a method and system wherein the second buffer zone comprises the switch zone.
However, Bajpai discloses a method and system wherein the second buffer zone comprises the switch zone (see paragraphs 55 and 56).
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 combine the teaching of Gigliotti with the teachings of Bajpai to arrive at the claimed invention. A motivation for doing would have been to provide efficient network conditions.
Regarding claims 5 and 17, Gigliotti discloses the method of claim 1 and the system of claim 15, wherein determining a rate of change of the audio data level over a predetermined time period comprises: the method further comprises: starting a timer (i.e., As broadly interpreted, the reference discloses “the client may take periodic samples such as consecutive snapshots of the buffer’s fill level after the buffer fill level drops below the watermark.” (paragraphs [0056]; Fig. 6 shows “periodic samples 612”)); upon the timer reaching a predetermined time, determining the audio data level of the buffer has decreased (i.e., “Continuous periodic samples that indicate a decline in the buffer fill level may initiate the host 102 to begin streaming a reduced bit rate stream to the client 104.” (paragraphs [0043])); and initiating the bit-rate adjustment in response to determining the audio data level of the buffer has decreased (i.e., “Continuous periodic samples that indicate a decline in the buffer fill level may initiate the host 102 to begin streaming a reduced bit rate stream to the client 104.” (paragraphs [0043])… “At 318, the host 102 may stream media having a new bit rate to the client 104 for storage in one of the buffers 126 to fill an initial buffer.” (paragraphs [0043]–[0045]; Fig. 3, blocks 316, 318)).
Regarding claim 6, Gigliotti discloses the method of claim 5 wherein the bit-rate adjustment is a bit-rate reduction (i.e., “If the buffer fill level is relatively low, the process 300 may preemptively decide to decrease the bit rate at 316.” See Gigliotti paragraphs [0042]-[0044]; Fig. 3.).
Regarding claims 7 and 19, Gigliotti discloses the method of claim 1 and the system of claim 15, wherein determining a rate of change of the audio data level over a predetermined time period comprises: starting a timer (i.e., “the client may take periodic samples such as consecutive snapshots of the buffer’s fill level after the buffer fill level drops below the watermark.” (paragraph [0056]; Fig. 6 “periodic samples 612”)); upon the timer reaching a predetermined time, determining the audio data level of the buffer has remained constant (i.e., “However, if the statistical analysis determines the buffer fill level will not run empty, the bit rate may remain unchanged and the process 300 may continue streaming at the first bit rate, such as at the operation 306.” (paragraph [0043]-[0044])…“The first graph 604 may include a first counter 614 to provide outputs for activity of the periodic samples 612.” (paragraph [0056]; Fig. 6 “counter 614”)); and restarting the timer in response to determining the audio data level has remained constant (i.e., “the client may take periodic samples such as consecutive snapshots of the buffer’s fill level after the buffer fill level drops below the watermark.” (paragraph [0056])…“The bandwidth calculation may occur at a fixed interval, periodically, or after a predetermined event.” (paragraph [0040]) [note: bandwidth check context, but expressly periodic/interval-based monitoring]).
Regarding claims 8 and 20, Gigliotti discloses the method of claim 3 and the system of claim 15, wherein determining a rate of change of the audio data level over a predetermined time period comprises: starting a timer (i.e., “the client may take periodic samples such as consecutive snapshots of the buffer’s fill level after the buffer fill level drops below the watermark.” (paragraph [0056]; Fig. 6 “periodic samples 612”)); upon the timer reaching a predetermined time, determining the audio data level of the buffer has increased (i.e., “When the low complexity portions 716, 718 are streamed from the host 102 to the client 104, the buffer 126 may fill faster than the stream of media is played back to the user 108, thus allowing replenishment of a buffer that has a low fill level.” (paragraph [0062])), wherein the second buffer zone comprises the normal zone (i.e., “If a higher bit rate is feasible as determined at 312, the host 102 may determine a status of the buffer fill level at 314.” (paragraph [0041]-[0042]; Fig. 3, 312, 314)); and the initiating of the bit-rate adjustment is further based on the second buffer zone comprising the normal zone (i.e., “The heuristics module 120 may select the most appropriate available bit rate for the stream to provide uninterrupted or substantially uninterrupted streaming of media to the user 108 while maintaining the highest quality of media.” (paragraph [0044])…“At 318, the host 102 may stream media having a new bit rate to the client 104…” (paragraph [0045]).
Regarding claim 9, Gigliotti discloses the method of claim 8, wherein the bit-rate adjustment is a bit-rate increase (i.e., “The heuristics module 120 may select the most appropriate available bit rate for the stream to provide uninterrupted or substantially uninterrupted streaming of media to the user 108.” See Gigliotti paragraphs [0041]–[0045], [0047]; Fig. 3).
Regarding claim 10, Gigliotti discloses the method of claim 3, wherein determining a rate of change of the audio data level over a predetermined time period comprises: starting a timer (i.e., “the client may take periodic samples such as consecutive snapshots of the buffer’s fill level after the buffer fill level drops below the watermark.” (paragraph [0056]; Fig. 6 “periodic samples 612”)); upon the timer reaching a predetermined time, determining the audio data level of the buffer has increased (i.e., “When the low complexity portions 716, 718 are streamed from the host 102 to the client 104, the buffer 126 may fill faster than the stream of media is played back to the user 108, thus allowing replenishment of a buffer that has a low fill level.” (paragraph [0062])), wherein the second buffer zone does not comprise the normal zone (i.e., “However, if the statistical analysis determines the buffer fill level will not run empty, the bit rate may remain unchanged and the process 300 may continue streaming at the first bit rate, such as at the operation 306.” (paragraph [0043]-[0044])); in response to the determination that the audio data level of the buffer has increased and the second buffer zone does not comprise the normal zone, stopping the timer; and restarting the timer (i.e., “the client may take periodic samples such as consecutive snapshots of the buffer’s fill level after the buffer fill level drops below the watermark.” (paragraph [0056])…“The bandwidth calculation may occur at a fixed interval, periodically, or after a predetermined event.” (paragraph [0040]) [bandwidth check context, but explicit periodic/interval language]).
Regarding claim 11, Gigliotti discloses the method of claim 2, wherein the one or more processors are within the accessory (i.e., “As illustrated, each client 104(1),…104(M) is equipped with one or more processors 122 and memory 124 to store data and applications and to process data.” See Gigliotti paragraphs [0025]; Fig. 1).
Regarding claim 12, Gigliotti discloses the method of claim 1, wherein the buffer is within a host device, and the audio data is transmitted from the host device to an accessory (i.e., “In the illustrative environment, the host 102 represents a web server that hosts a media database 112. The media database 112 stores a collection of media which may be transmitted from the host 102 to the client 104 via the network 106 for playback to the user 108.” and “In FIG. 1, the host 102 may include a streaming module 114 to transmit content of the media database 112 to the user 108.” See Gigliotti paragraphs [0016]–[0019]; Fig. 1; Fig. 9 (modules 906–924 described at paragraphs [0073]–[0076]).
Regarding claim 13, Gigliotti discloses the method of claim 12, wherein the one or more processors are within the host device (i.e., See Gigliotti paragraphs [0019]–[0022]; [0073]–[0077]; Fig. 9 (processors 902; modules 906–924)).
Regarding claim 18, Gigliotti discloses a system of claim 17, wherein the bit-rate adjustment is a bit-rate reduction (i.e., see paragraphs [0041]-[0044]; Fig. 3).
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.
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/PIERRE LOUIS DESIR/Supervisory Patent Examiner, Art Unit 2659
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