DETAILED ACTION
Applicant’s Amendment filed on December 23, 2025 has been reviewed.
Claims 2-18 are cancelled in the amendment.
Claims 19-37 are newly added in the amendment.
Claim 1 is amended in the amendment.
Claims 1 and 19-37 have been examined.
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, 19-21, 23-33 and 35-37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andrysco et al. (US 2014/0198838 A1), hereinafter referred to as Andrysco.
With respect to claim 1, Andrysco teaches A computer- implemented method
separating, by one or more streaming video servers (an apparatus 102 acts as a source or sender of streaming video content and includes a selective encoding component 110, para. 0030), a frame of streaming video sub-regions (the selective encoding component include a classifier component that is configured to identify or recognize portions of a video frame as to the content contained in those portions, and classify different portions of a video frame based upon the identification; portions identified and/or classified as to whether those portions present background or foreground of an image, or other region of interest, para. 0036; also see para. 0023, 0031, 0041, 0042 and 0048), including one or more sub-regions that include visual features with which a user is likely to directly interact and one or more sub-regions that lack the one or more features with which the user is likely to directly interact (a user is presented with a video image that selectively preserves image quality of portions of the image that have more information or are of more interest to the user as compared to other portions of less interest that are presented with lower quality, para. 0028; the decoded video frame 914 includes a lower quality background region, decoded background region 808 together with higher quality regions representing foreground, the decoded regions 804, 806 allowing a viewer to appreciate the decoded video frame 814 that includes higher quality regions corresponding to objects that may be of more interest to the viewer than other regions, para. 0054; the classification as to what portion of a video frame constitutes a primary object region based upon user interaction with the video being streamed, the object classifier 504 receive signals indicating user activity, such as real time user activity of a user employing a device that receives video from the selective encoding component, regions of a video frame that lie in the periphery of a user's field of view classified as background regions, para. 0041);
processing, by the one or more streaming video servers, the one or more sub-regions of the frame of streaming video that include the one or more visual features with which the user is likely to directly interact for transmission differently than the one or more sub-regions of the frame of streaming video that lack the one or more features with which the user is likely to directly interact for transmission (portions of the selectively encoded video stream representing primary object regions may receive encoding at a better level that maintains the quality of pixels in a video frame associated with the object at a level higher than in other regions of the video frame; the latter regions are encoded to generate a lower quality in pixels that display these regions so that the data rate for generating these latter regions is lowered; "primary object region" used to refer to multiple separate regions of a video frame that are classified as primary object(s) and a "background region" used to refer to multiple separate regions of a video frame that are classified as being outside the primary object region, para. 0031); and
transmitting, by the one or more streaming video servers, the differently processed sub-regions of the frame of streaming video a client device (the image portions encoded and transmitted as separate sub-frames, para. 0038; streamed from a sending device such as the apparatus 102 to one or more receiving devices, para. 0043; encoded regions received by a decoder of a receiving device, para. 0054).
With respect to claim 19, Andrysco teaches The computer-implemented method of claim 1, wherein the one or more sub- regions that include one or more visual features with which a user is likely to directly interact comprises a foreground in the frame of streaming video (a user is presented with a video image that selectively preserves image quality of portions of the image that have more information or are of more interest to the user as compared to other portions of less interest that are presented with lower quality, para. 0028; the decoded video frame 914 includes a lower quality background region, decoded background region 808 together with higher quality regions representing foreground, the decoded regions 804, 806 allowing a viewer to appreciate the decoded video frame 814 that includes higher quality regions corresponding to objects that may be of more interest to the viewer than other regions, para. 0054).
With respect to claim 20, Andrysco teaches The computer-implemented method of claim 1, wherein the one or more sub- regions that lack the one or more features with which the user is likely to directly interact comprises a background in the frame of streaming video (a user is presented with a video image that selectively preserves image quality of portions of the image that have more information or are of more interest to the user as compared to other portions of less interest that are presented with lower quality, para. 0028; the decoded video frame 914 includes a lower quality background region, decoded background region 808 together with higher quality regions representing foreground, the decoded regions 804, 806 allowing a viewer to appreciate the decoded video frame 814 that includes higher quality regions corresponding to objects that may be of more interest to the viewer than other regions, para. 0054).
With respect to claim 21, Andrysco teaches The computer-implemented method of claim 1, wherein processing the one or more sub-regions of the frame of streaming video comprises:
encoding the one or more sub-regions of the frame of streaming video that include the one or more visual features with which the user is likely to directly interact for transmission using a first compression rate (primary object region encoded with lossless compression while a background region is encoded with lossy compression, the color space of a background region subject to lossy compression reduced to reflect only the most commonly used colors of a video image, while the color space of a primary object region is not reduced during compression, para. 0024, also see para. 0037); and
encoding the one or more sub-regions of the frame of streaming video that lack the one or more features with which the user is likely to directly interact for transmission using a second compression rate, wherein the first compression rate is lower than the second compression rate (the background region sent for encoding in a manner that compresses the background region so that less data per pixel is required to transmit the background image as compared to the encoding of the regions that result in a lower image quality of background region when transmitted and decoded, para. 0051).
With respect to claim 23, Andrysco teaches The computer-implemented method of claim 1, wherein separating the frame of streaming video content into a plurality of sub-regions comprises receiving the streaming video content from a game engine (the content communicated unidirectionally and/or bidirectionally to and from a content provider include gaming information, para. 0091).
With respect to claim 24, Andrysco teaches The computer-implemented method of claim 1, further comprising:
assigning a first priority to the one or more sub-regions of the frame of streaming video that include the one or more visual features with which the user is likely to directly interact for transmission (encoding different portions of a video frame with different quality, portions of a video frame classified as primary object regions assigned a higher priority for transmission to a receiving device; this prioritization of selected portions of a video frame for transmission according to the quality of encoding provides an additional advantage of preserving video quality under circumstances in which video is imperfectly streamed to a receiving device, para. 0067); and
assigning a second priority to the one or more sub-regions of the frame of streaming video that lack the one or more features with which the user is likely to directly interact for transmission (during transmission of an encoded video frame if data packets containing the selectively encoded primary object regions are transmitted before data packets containing background regions, para. 0067),
wherein the first priority is greater than the second priority (providing selective encoding in which different portions of a video frame are prioritized so that encoding of the different portions generates a quality of portions given a higher priority that is higher than other portions; a user is presented with a video image that selectively preserves image quality of portions of the image that have more information or are of more interest to the user as compared to other portions of less interest that are presented with lower quality, para. 0028).
With respect to claim 25, Andrysco teaches The computer-implemented method of claim 24, further comprising:
monitoring a bandwidth over a network connection between the one or more video streaming servers and the client device (selective encoding during video streaming may be triggered based upon a determination that available bandwidth is insufficient, para. 0023; the selective encoding component 110 configured to perform selective encoding when bandwidth is below a bandwidth threshold, para. 0032);
comparing the monitored bandwidth to a threshold value (the selective encoding component 110 configured to perform selective encoding when bandwidth is below a bandwidth threshold, para. 0032);
determining that the monitored bandwidth does not satisfy the threshold value (the selective encoding component 110 configured to perform selective encoding when bandwidth is below a bandwidth threshold, para. 0032; also see para. 0106; 0117); and
in response to determining the monitored bandwidth does not satisfy the threshold value, processing the one or more sub-regions assigned the first priority prior to processing the one or more sub-regions assigned the second priority (the primary object regions constitute a portion of a video frame that corresponds to a set of pixels that show one or more objects or regions of interest within a scene produced by the video frame when presented on a display, selective encoding of portions of streamed video elected to simply reduce data rate for transmitting video content, even if bandwidth is available to stream all portions of a video frame at a data rate consistent with high image quality, selective encoding during video streaming may be triggered based upon a determination that available bandwidth is insufficient, para. 0023; also para. 0027; reduced bandwidth conditions trigger the encoded video stream 306 to be streamed with reduced quality in background portions of each video frame while a higher quality is preserved in primary object regions within the video frame, para. 0034).
With respect to claim 26, Andrysco teaches The computer-implemented method of claim 25, further comprising transmitting the one or more sub-regions assigned the first priority prior to transmitting the one or more sub- regions assigned the second priority (during transmission of an encoded video frame if data packets containing the selectively encoded primary object regions are transmitted before data packets containing background regions, the primary object regions also be decoded first by a decoder of a receiving device, para. 0067; during transmission of an encoded video frame if data packets containing the selectively encoded primary object regions are transmitted before data packets containing background regions, the primary object regions also be decoded first by a decoder of a receiving device, para. 0067).
With respect to claim 27, Andrysco teaches The computer-implemented method of claim 1, wherein transmitting, by the one or more streaming video servers, the differently processed sub-regions of the frame of streaming video to the client device comprises transmitting, by the one or more streaming video servers, the differently processed sub-regions of the frame of streaming video encoded with a respective codec to the client device (video is streamed between a source and a destination or receiver with the aid of components including codecs that encode and decode digital data that carries the video content, para. 0027; each region encoded separately; this encoding performed by employing any suitable codec for the application used to stream the video frame; since the regions determined to be primary object regions, their encoding is performed in a manner to preserve higher quality of the regions when decoded after transmission, para. 0048).
With respect to claim 28, Andrysco teaches The computer-implemented method of claim 1, further comprising transmitting, to the client device, data indicating how the client device is to process the differently processed sub-regions of the frame of streaming video (a signal sent to the device; the signal indicate the user selected region of pixels of a video frame of the video that the user of device wishes to receive at higher quality; this is peer to peer video streaming in which the video contains the face of user of device and the video contains the face of the user of device, each of which initially deemed as foreground objects for selective encoding at higher image quality, para. 0062).
With respect to claim 29, Andrysco teaches The computer-implemented method of claim 28, wherein the data indicating how the client device is to process the differently processed sub-regions of the frame of streaming video comprises a compressed version of a map that represents how the differently processed sub-regions of the frame of streaming video fit together (a signal sent to the device; the signal indicate the user selected region of pixels of a video frame of the video that the user of device wishes to receive at higher quality; this is peer to peer video streaming in which the video contains the face of user of device and the video contains the face of the user of device, each of which initially deemed as foreground objects for selective encoding at higher image quality, para. 0062).
With respect to claim 30, Andrysco teaches A system comprising:
one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations (computer-readable storage medium includes instructions that, when executed, para. 0116) comprising:
separating, by one or more streaming video servers (an apparatus 102 acts as a source or sender of streaming video content and includes a selective encoding component 110, para. 0030), a frame of streaming video content into a plurality of sub-regions (the selective encoding component include a classifier component that is configured to identify or recognize portions of a video frame as to the content contained in those portions, and classify different portions of a video frame based upon the identification; portions identified and/or classified as to whether those portions present background or foreground of an image, or other region of interest, para. 0036; also see para. 0023, 0031, 0041, 0042 and 0048), including one or more sub-regions that include one or more visual features with which a user is likely to directly interact and one or more sub-regions that lack the one or more features with which the user is likely to directly interact (a user is presented with a video image that selectively preserves image quality of portions of the image that have more information or are of more interest to the user as compared to other portions of less interest that are presented with lower quality, para. 0028; the decoded video frame 914 includes a lower quality background region, decoded background region 808 together with higher quality regions representing foreground, the decoded regions 804, 806 allowing a viewer to appreciate the decoded video frame 814 that includes higher quality regions corresponding to objects that may be of more interest to the viewer than other regions, para. 0054; the classification as to what portion of a video frame constitutes a primary object region based upon user interaction with the video being streamed, the object classifier 504 receive signals indicating user activity, such as real time user activity of a user employing a device that receives video from the selective encoding component, regions of a video frame that lie in the periphery of a user's field of view classified as background regions, para. 0041);
processing, by the one or more streaming video servers, the one or more sub- regions of the frame of streaming video that include the one or more visual features with which the user is likely to directly interact for transmission differently than the one or more sub-regions of the frame of streaming video that lack the one or more features with which the user is likely to directly interact for transmission (portions of the selectively encoded video stream representing primary object regions may receive encoding at a better level that maintains the quality of pixels in a video frame associated with the object at a level higher than in other regions of the video frame; the latter regions are encoded to generate a lower quality in pixels that display these regions so that the data rate for generating these latter regions is lowered; "primary object region" used to refer to multiple separate regions of a video frame that are classified as primary object(s) and a "background region" used to refer to multiple separate regions of a video frame that are classified as being outside the primary object region, para. 0031); and
transmitting, by the one or more streaming video servers, the differently processed sub-regions of the frame of streaming video to a client device (the image portions encoded and transmitted as separate sub-frames, para. 0038; streamed from a sending device such as the apparatus 102 to one or more receiving devices, para. 0043; encoded regions received by a decoder of a receiving device, para. 0054).
With respect to claim 31, Andrysco teaches The system of claim 30, wherein the one or more sub-regions that include one or more visual features with which a user is likely to directly interact comprises a foreground in the frame of streaming video (a user is presented with a video image that selectively preserves image quality of portions of the image that have more information or are of more interest to the user as compared to other portions of less interest that are presented with lower quality, para. 0028; the decoded video frame 914 includes a lower quality background region, decoded background region 808 together with higher quality regions representing foreground, the decoded regions 804, 806 allowing a viewer to appreciate the decoded video frame 814 that includes higher quality regions corresponding to objects that may be of more interest to the viewer than other regions, para. 0054).
With respect to claim 32, Andrysco teaches The system of claim 30, wherein the one or more sub-regions that lack the one or more features with which the user is likely to directly interact comprises a background in the frame of streaming video (a user is presented with a video image that selectively preserves image quality of portions of the image that have more information or are of more interest to the user as compared to other portions of less interest that are presented with lower quality, para. 0028; the decoded video frame 914 includes a lower quality background region, decoded background region 808 together with higher quality regions representing foreground, the decoded regions 804, 806 allowing a viewer to appreciate the decoded video frame 814 that includes higher quality regions corresponding to objects that may be of more interest to the viewer than other regions, para. 0054).
With respect to claim 33, Andrysco teaches The system of claim 30, wherein processing the one or more sub-regions of the frame of streaming video comprises:
encoding the one or more sub-regions of the frame of streaming video that include the one or more visual features with which the user is likely to directly interact for transmission using a first compression rate (primary object region encoded with lossless compression while a background region is encoded with lossy compression, the color space of a background region subject to lossy compression reduced to reflect only the most commonly used colors of a video image, while the color space of a primary object region is not reduced during compression, para. 0024, also see para. 0037); and
encoding the one or more sub-regions of the frame of streaming video that lack the one or more features with which the user is likely to directly interact for transmission using a second compression rate, wherein the first compression rate is lower than the second compression rate (the background region sent for encoding in a manner that compresses the background region so that less data per pixel is required to transmit the background image as compared to the encoding of the regions that result in a lower image quality of background region when transmitted and decoded, para. 0051).
With respect to claim 35, Andrysco teaches The system of claim 30, wherein separating the frame of streaming video content into a plurality of sub-regions comprises receiving the streaming video content from a game engine (the content communicated unidirectionally and/or bidirectionally to and from a content provider include gaming information, para. 0091).
With respect to claim 36, Andrysco teaches The system of claim 30, further comprising:
assigning a first priority to the one or more sub-regions of the frame of streaming video that include the one or more visual features with which the user is likely to directly interact for transmission (encoding different portions of a video frame with different quality, portions of a video frame classified as primary object regions assigned a higher priority for transmission to a receiving device; this prioritization of selected portions of a video frame for transmission according to the quality of encoding provides an additional advantage of preserving video quality under circumstances in which video is imperfectly streamed to a receiving device, para. 0067); and
assigning a second priority to the one or more sub-regions of the frame of streaming video that lack the one or more features with which the user is likely to directly interact for transmission (during transmission of an encoded video frame if data packets containing the selectively encoded primary object regions are transmitted before data packets containing background regions, para. 0067),
wherein the first priority is greater than the second priority (providing selective encoding in which different portions of a video frame are prioritized so that encoding of the different portions generates a quality of portions given a higher priority that is higher than other portions; a user is presented with a video image that selectively preserves image quality of portions of the image that have more information or are of more interest to the user as compared to other portions of less interest that are presented with lower quality, para. 0028).
With respect to claim 37, Andrysco teaches One or more non-transitory computer storage media encoded with computer program instructions that when executed by one or more computers cause the one or more computers to perform operations (computer-readable storage medium includes instructions that, when executed, para. 0116) comprising:
separating, by one or more streaming video servers (an apparatus 102 acts as a source or sender of streaming video content and includes a selective encoding component 110, para. 0030), a frame of streaming video content into a plurality of sub-regions (the selective encoding component include a classifier component that is configured to identify or recognize portions of a video frame as to the content contained in those portions, and classify different portions of a video frame based upon the identification; portions identified and/or classified as to whether those portions present background or foreground of an image, or other region of interest, para. 0036; also see para. 0023, 0031, 0041, 0042 and 0048), including one or more sub-regions that include one or more visual features with which a user is likely to directly interact and one or more sub-regions that lack the one or more features with which the user is likely to directly interact (a user is presented with a video image that selectively preserves image quality of portions of the image that have more information or are of more interest to the user as compared to other portions of less interest that are presented with lower quality, para. 0028; the decoded video frame 914 includes a lower quality background region, decoded background region 808 together with higher quality regions representing foreground, the decoded regions 804, 806 allowing a viewer to appreciate the decoded video frame 814 that includes higher quality regions corresponding to objects that may be of more interest to the viewer than other regions, para. 0054; the classification as to what portion of a video frame constitutes a primary object region based upon user interaction with the video being streamed, the object classifier 504 receive signals indicating user activity, such as real time user activity of a user employing a device that receives video from the selective encoding component, regions of a video frame that lie in the periphery of a user's field of view classified as background regions, para. 0041);
processing, by the one or more streaming video servers, the one or more sub-regions of the frame of streaming video that include the one or more visual features with which the user is likely to directly interact for transmission differently than the one or more sub-regions of the frame of streaming video that lack the one or more features with which the user is likely to directly interact for transmission (portions of the selectively encoded video stream representing primary object regions may receive encoding at a better level that maintains the quality of pixels in a video frame associated with the object at a level higher than in other regions of the video frame; the latter regions are encoded to generate a lower quality in pixels that display these regions so that the data rate for generating these latter regions is lowered; "primary object region" used to refer to multiple separate regions of a video frame that are classified as primary object(s) and a "background region" used to refer to multiple separate regions of a video frame that are classified as being outside the primary object region, para. 0031); and
transmitting, by the one or more streaming video servers, the differently processed sub- regions of the frame of streaming video to a client device (the image portions encoded and transmitted as separate sub-frames, para. 0038; streamed from a sending device such as the apparatus 102 to one or more receiving devices, para. 0043; encoded regions received by a decoder of a receiving device, para. 0054).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 22 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Andrysco et al. (US 2014/0198838 A1), hereinafter referred to as Andrysco, in view of Nicholson et al. (US 2023/0298143 A1), hereinafter referred to as Nicholson.
With respect to claim 22, Andrysco teaches The computer-implemented method of claim 1, wherein separating the frame of streaming video content into a plurality of sub-regions comprises separating, by the one or more streaming video servers, the frame of the streaming video content into a foreground sub-region, and a background sub-region (the selective encoding component include a classifier component that is configured to identify or recognize portions of a video frame as to the content contained in those portions, and classify different portions of a video frame based upon the identification; portions identified and/or classified as to whether those portions present background or foreground of an image, or other region of interest, para. 0036; also see para. 0023, 0031, 0041, 0042 and 0048).
Andrysco does not explicitly teach the streaming video content into a mid-ground sub-region,
However, Nicholson teaches the streaming video content into a mid-ground sub-region (receiving one or more objects in a video stream forming a middle-ground in the image, para. 0032) in order to offers the choice of blurring or replacing the entire background as taught by Nicholson (para. 0003),
Therefore, based on Andrysco in view of Nicholson, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Nicholson to the method of Andrysco in order to offers the choice of blurring or replacing the entire background as taught by Nicholson (para. 0003).
With respect to claim 34, Andrysco teaches The system of claim 30, wherein separating the frame of streaming video content into a plurality of sub-regions comprises separating, by the one or more streaming video servers, the frame of the streaming video content into a foreground sub-region, and a background sub-region (the selective encoding component include a classifier component that is configured to identify or recognize portions of a video frame as to the content contained in those portions, and classify different portions of a video frame based upon the identification; portions identified and/or classified as to whether those portions present background or foreground of an image, or other region of interest, para. 0036; also see para. 0023, 0031, 0041, 0042 and 0048).
Andrysco does not explicitly teach the streaming video content into a mid-ground sub-region,
However, Nicholson teaches the streaming video content into a mid-ground sub-region (receiving one or more objects in a video stream forming a middle-ground in the image, para. 0032) in order to offers the choice of blurring or replacing the entire background as taught by Nicholson (para. 0003),
Therefore, based on Andrysco in view of Nicholson, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teaching of Nicholson to the system of Andrysco in order to offers the choice of blurring or replacing the entire background as taught by Nicholson (para. 0003).
Response to Arguments
Applicant’s arguments with respect to claims 1 and 19-37 have been considered but are moot because the arguments do not apply to any of the references being used in the current rejection.
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 extension fee 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 date of this final action.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JOON H. HWANG can be reached on 571-272-4036. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/H.H.N/Examiner, Art Unit 2447
April 4, 2026
/JOON H HWANG/Supervisory Patent Examiner, Art Unit 2447
Prosecution Insights