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 .
Election/Restrictions
Applicant’s election without traverse of Invention I (claims 1-5, 9-13 and 15) in the reply filed on 6/24/26 is acknowledged. Claims 6-8 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II, there being no allowable generic or linking claim.
Specification (Title)
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter as follows. Claim 15 recites a “computer-readable recording medium having recorded thereon a program” which might normally be considered statutory, however the specification, page 33, defines it as “The computer-readable recording medium may be any available medium which is accessible by a computer”. As such the definition in specification is therefore considered to encompass, subject matter such as a “signal” or “carrier wave”. A signal or carrier wave is not a “process, machine, manufacture, or composition of matter” and therefore the claim is considered non-statutory. The examiner suggests amending the claim to recite “A non-transitory computer-readable recording medium…”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-5, 9-13 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2008/0232763 to Brady.
Regarding claim 1, Brady discloses an electronic apparatus (Fig. 1A, elements 100, 108, 112 or 118) comprising:
a communication interface (Fig. 1A and paragraph 21);
a memory to store one or more instructions (Fig. 1A and paragraph 20); and
a processor (Fig. 1A and paragraph 20) configured to execute the one or more instructions stored in the memory to, receive, from a server computer (Fig. 1A, elements 140 or 160, paragraph 21), at least one frame including image quality setting information AND/OR at least one frame not including the image quality setting information, according to a frame processing mode selected from among an image quality priority mode based on which content is processed by preferentially considering an image quality of the content over an input lag time of the content and an input lag priority mode based on which the content is processed by preferentially considering the input lag time of the content over the image quality of the content (paragraphs 26-28, 32, wherein media content (i.e. video frames) including setting information such as content type or length, along with user playback preferences or user value function, also corresponding to setting information, are received from a remote server, where initial frames with preferences correspond to “at least one frame including image quality setting information” and subsequent frames, continually received, would correspond to “at least one frame not including the image quality setting information”. The user preferences indicating a frame processing mode selected from a high quality priority mode that preferentially considers image quality over and a playback wait time mode corresponding to preferentially considering an input lag over content quality),
process the at least one frame, which includes the image quality setting information, by referring to the image quality setting information included in the at least one frame and display the at least one frame processed accordingly (Figs. 2 and 3; paragraphs 29-34, wherein video and the user preferences or user value function are received and analyzed, and images/frames of the video are processed and displayed accordingly), and
process the at least one frame, which does not include the image quality setting information, by referring to image quality setting information about a previous frame processed prior to the at least one frame which does not include the image quality setting information, and display the at least one frame processed accordingly (Figs. 2 and 3; paragraphs 29-34, wherein the video is continually received after initial processing and the subsequent frames (i.e. not including the setting), are processed and displayed according to the previously frame setting).
Regarding claim 2, Brady discloses the electronic apparatus of claim 1, wherein the processor is configured to execute the one or more instructions to, in response to the selected frame processing mode being the image quality priority mode, receive frames, each frame including image quality setting information, and process a corresponding frame by referring to the image quality setting information included in each of the frames (Figs. 2 and 3; paragraphs 29-34, wherein video and the user preferences or user value function are received, and analyzed, and received images/frames of the video are processed and displayed by referring to the user quality setting preference/value indicating either quality or lag priority).
Regarding claim 3, Brady discloses the electronic apparatus of claim 1, wherein the processor is configured to execute the one or more instructions to, in response to the selected frame processing mode being the input lag priority mode, receive, from the server computer, at least one first frame not including the image quality setting information and at least one second frame including the image quality setting information, process the at least one second frame including the image quality setting information by referring to the image quality setting information included in the at least one second frame , and process the at least one first frame not including the image quality setting information by referring to image quality setting information about a previous frame processed prior to the at least one first frame (Figs. 2 and 3; paragraphs 29-34, wherein the video is continually received after initial processing and the subsequent frames (i.e. first frame not including the setting), are processed and displayed according to the prior frame setting. New media content (i.e. video frames) includes setting information such as content type or length, along with user playback preferences or user value function, also corresponding to setting information, are additionally received from a remote server, where initial frames of the new media, with preferences, correspond to “at least one second frame including image quality setting information”, and are processed and displayed by referring to the user quality setting preference/value indicating either quality or lag priority).
Regarding claim 4, Brady discloses the electronic apparatus of claim 3, wherein the image quality setting information included in the at least one second frame is image quality setting information generated corresponding to the at least one second frame OR is image quality setting information generated corresponding to a previous frame of the at least one second frame (Figs. 2 and 3; paragraphs 29-34, wherein new media content (i.e. video frames) includes setting information such as content type or length, along with user playback preferences or user value function, also corresponding to setting information, are additionally received from a remote server, where initial frames of the new media, with preferences, correspond to “image quality setting information generated corresponding to the at least one second frame”, and are processed and displayed by referring to the user quality setting preference/value).
Regarding claim 5, Brady discloses the electronic apparatus of claim 1, wherein the processor is configured to execute the one or more instructions to transmit, to the server computer, a user input of selecting one from among the image quality priority mode and the input lag priority mode (paragraphs 29-30, wherein user preferences or value function regarding quality or lag priority are necessarily selected by a user, and transmitted to the server for storage).
Claims 9-13 recite substantially similar limitations to those of claims 1-5, respectively, and are therefore rejected for the same reasoning indicated above with regards to those claims.
Regarding claim 15, Brady discloses a computer-readable recording medium having recorded thereon a program comprising one or more instructions to implement an operating method of an electronic apparatus on a computer (Fig. 1A and paragraph 20), the operating method of the electronic apparatus comprising:
receiving, from a server computer, at least one frame including image quality setting information and at least one frame not including the image quality setting information, according to a frame processing mode selected from among an image quality priority mode based on which content is processed by preferentially considering an image quality of the content over an input lag time of the content and an input lag priority mode based on which the content is processed by preferentially considering the input lag time of the content over the image quality of the content (paragraphs 26-28, 32, wherein media content (i.e. video frames) including setting information such as content type or length, along with user playback preferences or user value function, also corresponding to setting information, are received from a remote server, where initial frames with preferences correspond to “at least one frame including image quality setting information” and subsequent frames, continually received, would correspond to “at least one frame not including the image quality setting information”. The user preferences indicating a frame processing mode selected from a high quality priority mode that preferentially considers image quality over and a playback wait time mode corresponding to preferentially considering an input lag over content quality);
process the at least one frame including the image quality setting information by referring to the image quality setting information included in the at least one frame, and displaying the at least one frame processed accordingly (Figs. 2 and 3; paragraphs 29-34, wherein video and the user preferences or user value function are received and analyzed, and images/frames of the video are processed and displayed accordingly); and
process the at least one frame not including the image quality setting information by referring to image quality setting information about a previous frame processed prior to the at least one frame not including the image quality setting information, and displaying the at least one frame processed accordingly (Figs. 2 and 3; paragraphs 29-34, wherein the video is continually received after initial processing and the subsequent frames (i.e. not including the setting), are processed and displayed according to the previously frame setting).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON W CARTER whose telephone number is (571)272-7445. The examiner can normally be reached 8am - 5pm (Mon - Fri).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Villecco can be reached at (571) 272-7319. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON W CARTER/Primary Examiner, Art Unit 2661
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