DETAILED ACTION
Introduction
1. This office action is in response to Applicant’s submission filed on 6/28/2024. Claims 1-21 are pending in the application and have been examined.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority Document
3. Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 12/30/2021. It is noted, however, that applicant has not yet filed a certified copy of the DE102021006419.4 application as required by 37 CFR 1.55.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 10/9/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
5. 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 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.
6. Claims 1-21 are rejected under 35 U.S.C. 103 as unpatentable over US Pat. App. Pub. No. 20190037283 (Krauss et al., hereinafter “Krauss,” cited in IDS of 10/9/2024) in view of “ABR streaming with separate audio and video tracks: measurements and best practices” (Qin et al., hereinafter “Qin,” cited in IDS of 10/9/2024).
With regard to Claim 1, Krauss describes:
A streaming client device, comprising:
a communication interface configured to receive a bitstream from a streaming server device (Paragraph 49 describes that a streaming client communicates with a streaming server.), the bitstream comprising an encoded audio signal according to an encoded audio signal version selected among a plurality of selectable encoded audio signal versions, each of the plurality of selectable encoded audio signal versions comprising at least one personalization audio option among a plurality of personalization audio options which is an option on an audio attribute which characterizes the particular selectable encoded audio signal version; (Paragraph 57 describes that multiple personalization options can be included in the stream.) and
side information comprising:
configuration information indicating the plurality of selectable personalization audio options for each of the selectable encoded audio signal versions; (Paragraph 58 describes that the configuration information may include a language used in the stream.) and
capacity information indicating capacity required, by each of the plurality of selectable encoded audio signal versions, by an external resource, for transmitting the encoded audio signal, wherein the external resource comprises, or is provided by, a communication network between the streaming server device and the streaming client device, wherein the external resource has a state which is a bandwidth at disposal of the transmission of the bitstream, wherein the capacity required by each selectable encoded audio signal version is a bitrate; and (Paragraph 75 describes that bitrate information is included for each of the options for the stream.)
a decoder configured to decode the received encoded audio signal or a transcoder configured to transcode the received encoded audio signal into another bitstream.” (Paragraph 65 describes that the device includes an audio decoder.)
Krauss does not explicitly describe:
“a personalization unit configured to define a personalization by performing a restriction to one single preferred version for each potential state from all the capacity-matching encoded audio selectable versions, by choosing, for each of a plurality of potential states of the external resource, the preferred encoded audio signal version among the plurality of selectable encoded audio signal versions, based on both the capacity information and the configuration information, so that: for certain bandwidth(s), a particular encoded audio signal version is the preferred encoded audio signal version; and for different bandwidth(s), a different encoded audio signal version is the preferred encoded audio signal version;
a selector configured to perform a selection of a selected encoded audio signal version based on a current state of the external resource and the personalization in such a way that the selected encoded audio signal version is the preferred encoded audio signal version for the current state of the external resource, so that the capacity required by the selected encoded audio signal version matches the current state of the external resource, so that the selection is not only based on the particular capacity required by each selectable encoded audio signal versions, but also on the personalization, wherein the communication interface is configured to send, to the streaming server device, a request of providing the encoded audio signal according to the selected encoded audio signal version.”
However, Qin describes:
“a personalization unit configured to define a personalization by performing a restriction to one single preferred version for each potential state from all the capacity-matching encoded audio selectable versions, by choosing, for each of a plurality of potential states of the external resource, the preferred encoded audio signal version among the plurality of selectable encoded audio signal versions, based on both the capacity information and the configuration information, so that: for certain bandwidth(s), a particular encoded audio signal version is the preferred encoded audio signal version; and for different bandwidth(s), a different encoded audio signal version is the preferred encoded audio signal version; (Section 3 describes that different configurations (A1-A3) can be selected as preferred based on how much bandwidth is available.)
a selector configured to perform a selection of a selected encoded audio signal version based on a current state of the external resource and the personalization in such a way that the selected encoded audio signal version is the preferred encoded audio signal version for the current state of the external resource, so that the capacity required by the selected encoded audio signal version matches the current state of the external resource, so that the selection is not only based on the particular capacity required by each selectable encoded audio signal versions, but also on the personalization, wherein the communication interface is configured to send, to the streaming server device, a request of providing the encoded audio signal according to the selected encoded audio signal version.” (Section 3 describes that one of the versions of A1-A3 is selected based on the bandwidth available.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the version selector as described by Qin into the device of Krauss to adapt to different available bandwidths, as described in Section 1 of Qin.
With respect to Claim 2, Krauss describes “at least one selectable encoded audio signal version comprises at least one locally deactivatable personalization audio option, wherein the streaming client device is configured to locally perform a second selection on the at least one locally deactivatable personalization audio option to locally select among activating and deactivating the at least one locally deactivatable personalization audio option, wherein the side information indicates that the at least one locally deactivatable personalization audio option is deactivatable.” (Paragraph 58 describes that the audio options may include different languages and descriptive video service, which would be locally selected by the user. The descriptive video service may be activated or deactivated.)
With respect to Claim 3, Krauss describes “at least one selectable encoded audio signal version comprises at least two alternative personalization audio options which are alternative with each other, wherein the streaming client device is configured to perform a second selection among the two alternative personalization audio options to locally selectively activate one of the at least two alternative personalization audio options while locally deactivating the other(s) of the at least two alternative personalization audio options, wherein the side information indicates that the at least two alternative personalization audio options are alternative with each other.” (Paragraph 58 describes that the audio options may include different languages, which would be locally selected by the user. The languages would serve as alternatives to each other.)
With respect to Claim 4, Krauss describes “the plurality of selectable encoded audio signal versions comprises:
a first selectable encoded audio signal version comprising at least a first alternative personalization audio option and a second alternative personalization audio option alternative to the second personalization audio option, the first selectable encoded audio signal version requiring a first capacity at a first potential state of the external resource; (Paragraph 58 describes that the audio options may include different languages, which would be locally selected by the user. The languages would serve as alternatives to each other.) and
a second selectable encoded audio signal version requiring a second capacity at a second potential state of the external resource, the second capacity being lower than the first capacity, wherein the second selectable encoded audio signal version comprises the first alternative personalization audio option but not the second alternative personalization audio option,” (Paragraph 58 describes that the audio options may include different languages, which would be locally selected by the user. The languages would serve as alternatives to each other.)
Krauss does not explicitly describe:
“wherein the selector is configured, in case the personalization requires the first alternative personalization audio option, to:
in case of the current state of the external resource matching the first potential state of the external resource, select the first selectable encoded audio signal version, and the first alternative personalization audio option is locally chosen and decoded, rendered or transcoded, while the second alternative personalization audio option is locally deactivated; in case of the current state of the external resource matching the second potential state of the external resource, select the second selectable encoded audio signal version.”
However, Qin describes:
“wherein the selector is configured, in case the personalization requires the first alternative personalization audio option, to:
in case of the current state of the external resource matching the first potential state of the external resource, select the first selectable encoded audio signal version, and the first alternative personalization audio option is locally chosen and decoded, rendered or transcoded, while the second alternative personalization audio option is locally deactivated; in case of the current state of the external resource matching the second potential state of the external resource, select the second selectable encoded audio signal version.” (Table 1 shows that 3 audio choices A1-A3 are available and are alternatives to each other, and require different amounts of resources. Section 3 describes that one of these versions may be chosen based on the bandwidth available.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the version selector as described by Qin into the device of Krauss to adapt to different available bandwidths, as described in Section 1 of Qin.
With respect to Claim 5, Krauss describes “the first selectable encoded audio signal version comprises more alternative personalization audio options than the second selectable encoded audio signal version.” (Paragraph 58 describes that 2 different streams (Streams 1 and 2) may include different numbers of options.)
With respect to Claim 6, Krauss does not explicitly describe this subject matter. However, Qin describes “the first alternative personalization audio option is defined on a first numerical range comprising a second numerical range on which the second alternative personalization audio option is defined.” (Table 1 shows that the options A1-A3 include different numerical ranges of channels and sampling rate.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the version selector as described by Qin into the device of Krauss to provide different options for different available bandwidths, as described in Section 1 of Qin.
With respect to Claim 7, Krauss describes “the first selectable encoded audio signal version comprises the same alternative personalization audio option(s) of the second selectable encoded audio signal version, plus additional alternative personalization audio options.” (Paragraph 58 describes that 2 different streams (Streams 1 and 2) may include different numbers of options, and one may include more options than the other, such as the DVS option.)
With respect to Claim 8, Krauss does not explicitly describe this subject matter. However, Qin describes “the personalization unit is configured to define, for each potential state of the external resource, the personalization, through an evaluation of at least one evaluation condition on at least one personalization audio option, or a set or combination of personalization audio options, for each selectable encoded audio signal version, the evaluation providing at least one ordering to sort the selectable encoded audio signal versions according to a ranking, so as to choose the highest-ordered selectable encoded audio signal version as the preferred encoded audio signal version.” (Section 3.2 describes that the DASH version ranks each possible configuration so that the best choice can be selected for the bandwidth conditions.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the version selector as described by Qin into the device of Krauss to adapt to different available bandwidths, as described in Section 1 of Qin.
With respect to Claim 9, Krauss does not explicitly describe this subject matter. However, Qin describes “the at least one evaluation condition comprises at least a first evaluation condition on at least one first personalization audio option, or a first set or combination of personalization audio options, and at least one second evaluation condition on at least one second personalization audio option, or a second set or combination of personalization audio options, so as to define at least one first ordering to sort the selectable encoded audio signal versions according to the first evaluation condition, and one second ordering to sort the selectable encoded audio signal versions according to the second evaluation condition, so as to choose the preferred encoded audio signal version based on at least one of the first ordering and the second ordering.” (Section 3.2 describes that the DASH version ranks each possible configuration so that the best choice can be selected for the bandwidth conditions. Two different rankings based on audio and video bandwidth are used to determine the best configuration.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the version selector as described by Qin into the device of Krauss to adapt to different available bandwidths, as described in Section 1 of Qin.
With respect to Claim 10, Krauss describes “the first evaluation condition is dominant, and the second evaluation condition is secondary, so as to define the preferred encoded audio signal version primarily based on the first ordering, and, in case of parity of ranking between different first-ordering-highest-ranking selectable encoded audio signal versions, to define as the preferred encoded audio signal version the first-ordering-highest-ranking selectable encoded audio signal version which comprises the highest ranking in the second ordering.” (Paragraph 112 describes that a priority attribute can be assigned the stream components so that that component will be selected over others.)
With respect to Claim 11, Krauss describes “configured, in case the personalization input changes in such a way that at least one evaluation condition is still fulfilled by a currently locally deactivated at least one alternative personalization audio option, to maintain the selected version without sending a request to the streaming server device, and to locally change the second selection so as to fulfil the at least one evaluation condition.” (Paragraph 58 describes that the audio options may include different languages and descriptive video service, which would be locally selected by the user. The descriptive video service may be activated or deactivated. Paragraph 112 describes that a priority attribute can be assigned the stream components so that that component will be selected over others.)
With respect to Claim 12, Krauss describes “at least one personalization audio option comprises at least one of the following options: dialog of the encoded audio signal, gain level, position data, and audio object selection.” (Paragraph 58 describes that the audio options may include different languages for the dialog.)
With respect to Claim 13, Krauss does not explicitly describe this subject matter. However, Qin describes “the selector is configured to change the selected audio signal version based on the current state of the external resource, so that the request of the selected audio signal version is updated during the reception of the bitstream, and to subsequently obtain the encoded audio signal according to the updated selected audio signal version, the streaming client device being configured to locally perform a second selection in case a new personalization is required and in case the new personalization is satisfied by an alternative personalization audio option which is currently received.” (Section 3.2 describes that the DASH version ranks each possible configuration so that the best choice can be selected for the bandwidth conditions. Two different rankings based on audio and video bandwidth are used to determine the best configuration.)
With respect to Claim 14, Krauss describes “the encoded audio signal is segmented in a plurality of segments, wherein each segment is interchangeable with a respective segment of an encoded audio signal of at least one different encoded audio signal version.” (Paragraph 81 describes that the audio is divided into segments, and identical content in segments with different target bitrates may be generated.)
With respect to Claim 15, Krauss does not explicitly describe this subject matter. However, Qin describes “configured to condition the selection performed by the selector and/or the personalization defined by the personalization unit by a capacity requirement conditioning information so that the selected audio signal version requires a capacity following a pre-defined data plan.” (Section 3.2 describes that the selection is based in the capacity required by the different choices A1-A3, and are compared to the pre-defined network bandwidth, such as 900 Kbps.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the version selector as described by Qin into the device of Krauss to adapt to different available bandwidths, as described in Section 1 of Qin.
With respect to Claim 16, Krauss describes “the encoded audio signal is according to the codec MPEG-H 3D Audio, wherein other selectable encoded audio signal versions are according to the codec MPEG-H 3D Audio, the bitstream and/or side information being embedded according to MPEG-H 3D Audio.” (Tables 4 and 5 describe that the signal is encoded according to MPEG-H audio.)
With respect to Claim 17, Krauss describes “the encoded audio signal is according to the codec MPEG-H 3D Audio and/or MPEG-D USAC, Extended HE-AAC, and the other selectable encoded audio signal versions are encoded either using MPEG-H 3D Audio or MPEG-D USAC, Extended HE-AAC, wherein the bitstream or side information is according to MPEG-H 3D Audio or MPEG-D USAC, Extended HE-AAC.” (Tables 4 and 5 describe that the signal is encoded according to MPEG-H audio.)
With respect to Claim 18, Krauss describes:
“A streaming server device, (Paragraph 49 describes a streaming server in contact with a client.) comprising:
a communication interface configured to:
transmit a bitstream to a streaming client device, the bitstream being segmented according to a plurality of segments and comprising an encoded audio signal and side information, (Paragraph 81 describes that the bitstream is segmented.) the side information comprising:
configuration information indicating a plurality of selectable personalization audio options for each selectable encoded audio signal version of a plurality of encoded audio signal versions, wherein the configuration information indicates a set of personalization audio options offered by the other encoded audio signal versions; (Paragraph 58 describes that the configuration information may include a language used in the stream.) and
capacity information indicating capacity required, by each of the plurality of selectable encoded audio signal versions, by an external resource, for transmitting the encoded audio signal, wherein the external resource comprises, or is provided by, a communication network between the streaming server device and the streaming client device, wherein the external resource has a state which is a bandwidth at disposal of the transmission of the bitstream, wherein the capacity required by each selectable encoded audio signal version is a bitrate; and (Paragraph 75 describes that bitrate information is included for each of the options for the stream.)
a content preparation device to embed, to each encoded audio signal version, side information comprising capacity information indicating a capacity required for transmission of other encoded audio signal versions and configuration information indicating the at least one personalization audio option offered by the other encoded audio signal versions.” (Paragraph 57 describes that information for multiple options can be embedded in the stream. Paragraph 58 describes that the configuration information may include a language used in the stream. Paragraph 75 describes that bitrate information is included for each of the options for the stream.)
Krauss does not explicitly describe:
“receive requests of a selected encoded audio signal version of the bitstream, and transmit the bitstream according to the selected encoded audio signal version starting from a subsequent segment, wherein each of the encoded audio signal versions requires a predetermined capacity and offers at least one personalization audio option which is an option on an audio attribute which characterizes the particular selected encoded audio signal version, wherein the capacity is a bitrate.”
However, Qin describes “receive requests of a selected encoded audio signal version of the bitstream, and transmit the bitstream according to the selected encoded audio signal version starting from a subsequent segment, wherein each of the encoded audio signal versions requires a predetermined capacity and offers at least one personalization audio option which is an option on an audio attribute which characterizes the particular selected encoded audio signal version, wherein the capacity is a bitrate.” (Section 3 describes that one of the versions of A1-A3 is selected based on the bandwidth available.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the version selector as described by Qin into the device of Krauss to adapt to different available bandwidths, as described in Section 1 of Qin.
With respect to Claim 19, Krauss describes “the encoded audio signal is according to the codec MPEG-H 3D Audio and/or MPEG-D USAC, Extended HE-AAC, wherein the encoded audio signal version is according to MPEG-H 3D Audio, and the other selectable encoded audio signal versions are encoded either using MPEG-H 3D Audio or MPEG-D USAC, Extended HE-AAC, wherein the bitstream or side information is according to MPEG-H 3D Audio or MPEG-D USAC, Extended HE-AAC.” (Tables 4 and 5 describe that the signal is encoded according to MPEG-H audio.)
With respect to Claims 20 and 21, method Claims 20 and 21 and device Claims 1 and 18 are related as a device programmed to perform the same method, with each claimed system function corresponding to each claimed method step. Accordingly, Claims 20 and 21 are similarly rejected under the same rationale as applied above with respect to Claims 1 and 18.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Pat. No. 20170125021 (Garre) also describes a device that selects a stream to send based on bandwidth capacity available.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWARD TRACY whose telephone number is (571)272-8332. The examiner can normally be reached Monday-Friday 9 AM- 5PM.
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/EDWARD TRACY JR./Examiner, Art Unit 2656
/BHAVESH M MEHTA/Supervisory Patent Examiner, Art Unit 2656