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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01.
Regarding claim 6, line 1, the claim recites audio server computing device. The claim is directed towards an apparatus but does not recite corresponding structure of the audio server computing device. The omitted elements are: computing device structural elements. Appropriate clarification and correction is required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Toner et al. (US 20260089198 A1), hereinafter referred to as D1.
Regarding claim 1, 6, and 11, D1 discloses a system and method for capturing and distributing a live audio or multi-media stream of a live event in real-time (an audio server computing device communicatively coupled to a plurality of mobile computing devices at a live event over a wireless network, See Figure 3,), which comprises:
receiving, by an audio server computing device, a live audio signal corresponding to the live event (Referring to Figures 3-5 and 7-9, first processing device 102 is enabled to receive live stream 106 via the at least one audio or multi-media device(s) 104 in real-time. See paragraphs 0030-0032.);
processing, by the audio server computing device, the live audio signal, thereby creating a data representation of the live audio signal, the data representation of the live audio signal comprising a plurality of audio data packets (Referring to Figures 3-5 and 7-9, first processing device 102 is further enabled to, in accordance with first computer-executable instructions 112, encode received live stream 106 in accordance with the User Datagram Protocol (UDP) or any other suitable protocol prior to transmission of the live stream 106 to second processing device 118. See paragraphs 0032-0034.);
duplicating, by the audio server computing device, each of the plurality of audio data packets into a plurality of duplicated audio data packets (Referring to Figures 3-5 and 7-9, upon receipt of live stream 106, or data representative of live stream 106, second processing device 118 is enabled to: generate, in real-time, a plurality of discrete audio or multi-media data packets, such as data packets 124-1, 124-2. 124-p (collectively, data packets 124) from live stream 106; generate a transmission copy of each one of the plurality of discrete data packets, such as transmission copies 124-1C, 124-2C. 124-pC (collectively, transmission copies 124C); and, transmit the generated transmission copies 124C one-at-a-time for receipt by third processing device 128 (FIG. 3). For example, second processing device 118 is enabled to transmit transmission copy 124-1C of data packet 124-1 before transmitting transmission copy 124-2C of data packet 124-2, and so on. According to some embodiments, transmission copies 124 are encrypted prior to transmission to third processing device 128. See paragraphs 0036-0038. Although second processing device 118 and third processing device 128 are depicted as separate devices in the figures, it is understood that the functionality of second processing device 118 and third processing device 128 described herein may be performed using a combination of one or more processing devices and one or more modules. For example, according to some embodiments, the functionality of computing device 130, including second processing device 118 executing second computer-executable instructions 126, is provided by a software/hardware module or a plurality of software/hardware modules associated with third processing device 128. For example, such software/hardware module(s) may be embodied as one or more virtual machines hosted by or otherwise associated with the third processing device 128. See paragraphs 0043 and 0052. Note, the Examiner interprets the virtual machine embodiment comprising the first processing device as the audio server computing device.); and
concurrently transmitting, by the audio server computing device, the plurality of duplicated audio data packets to the plurality of mobile computing devices at the live event via a wireless network (Referring to Figures 3-5 and 7-9, as each transmission copy (such as transmission copy 124-1) is received from second processing device 118, third processing device 128 is enabled to transmit that received copy over second network 140 for receipt by mobile computing devices 134 prior to transmitting another received transmission copy for receipt by mobile computing devices 134. For example, third processing device 128 is configured to transmit transmission copy 124-1 to mobile computing devices 134 prior to transmitting transmission copy 124-2 mobile computing devices 134. According to some embodiments, the transmission of transmission copies by third processing device 128 is in accordance with a transmission policy associated with second processing device 118, such as transmission policy 166 (FIG. 3). See paragraphs 0045-0047.)
Regarding claims 2, 7, 12, and 13, D1 discloses transmitting, by the audio server computing device, a first duplicated audio data packet of the plurality of duplicated audio data packets to a first mobile computing device of the plurality of mobile computing devices at the live event via the wireless network at a first time/receive the first duplicated data packet of the plurality of duplicated audio data packets (Referring to Figures 3-5 and 7-9, as each transmission copy (such as transmission copy 124-1) is received from second processing device 118, third processing device 128 is enabled to transmit that received copy over second network 140 for receipt by mobile computing devices 134 (receive the first duplicated data packet) prior to transmitting another received transmission copy for receipt by mobile computing devices 134 (a first duplicated audio data packet to a first mobile device at the live event via a wireless network at a first time). For example, third processing device 128 is configured to transmit transmission copy 124-1 to mobile computing devices 134 prior to transmitting transmission copy 124-2 mobile computing devices 134. According to some embodiments, the transmission of transmission copies by third processing device 128 is in accordance with a transmission policy associated with second processing device 118, such as transmission policy 166 (FIG. 3). See paragraphs 0045-0047.)
Regarding claims 3, 8, 14, and 15, D1 discloses transmitting, by the audio server computing device, a second duplicated audio data packet of the plurality of duplicated audio data packets to a second mobile computing device of the plurality of mobile computing devices at the live event via the wireless network at the first time/receive the second duplicated audio data packet of the plurality of duplicated audio data packets (Referring to Figures 3-5 and 7-9, as each transmission copy (such as transmission copy 124-1) is received from second processing device 118, third processing device 128 is enabled to transmit that received copy over second network 140 for receipt by mobile computing devices 134 (receive the second duplicated data packet) prior to transmitting another received transmission copy for receipt by mobile computing devices 134 (comprising a second duplicated audio data packet to a second mobile device at the live event via a wireless network at a first time). For example, third processing device 128 is configured to transmit transmission copy 124-1 to mobile computing devices 134 prior to transmitting transmission copy 124-2 mobile computing devices 134. According to some embodiments, the transmission of transmission copies by third processing device 128 is in accordance with a transmission policy associated with second processing device 118, such as transmission policy 166 (FIG. 3). See paragraphs 0045-0047.)
Regarding claims 4, 9, 16, and 17, D1 discloses transmitting, by the audio server computing device, a third duplicated audio data packet of the plurality of duplicated audio data packets to a third mobile computing device of the plurality of mobile computing devices at the live event via the wireless network at the first time/receive the third duplicated audio data packet of the plurality of duplicated audio data packets (Referring to Figures 3-5 and 7-9, as each transmission copy (such as transmission copy 124-1) is received from second processing device 118, third processing device 128 is enabled to transmit that received copy over second network 140 for receipt by mobile computing devices 134 (receive the third duplicated data packet) prior to transmitting another received transmission copy for receipt by mobile computing devices 134 (comprising a third duplicated audio data packet to a third mobile device at the live event via a wireless network at a first time). For example, third processing device 128 is configured to transmit transmission copy 124-1 to mobile computing devices 134 prior to transmitting transmission copy 124-2 mobile computing devices 134. According to some embodiments, the transmission of transmission copies by third processing device 128 is in accordance with a transmission policy associated with second processing device 118, such as transmission policy 166 (FIG. 3). See paragraphs 0045-0047.)
Regarding claims 5, 10, and 18, D1 discloses receiving, by the audio server computing device, the live audio signal corresponding to the live event via an audio interface communicatively coupled to the audio server computing device (Referring to Figures 3-5 and 7-9, first processing device 102 is enabled to receive live stream 106 via the at least one audio or multi-media device(s) 104 in real-time. The received live stream 106 may be in analog and/or digital format. According to some embodiments, if the received live stream 106 is in analog format (i.e., an analog signal), then first processing device 102, in accordance with first computer-executable instructions 112, is enabled to convert the received live stream 106 into a digital format. According to some embodiments, first processing device 102 is configured to compress live stream 106 using a suitable low latency audio and/or multi-media codec, such as G.711, MP3 or Opus. See paragraphs 0030-0032.)
Regarding claim 19, D1 discloses wherein the audio server computing device is configured to receive the live audio signal corresponding to the live event by: receiving the live audio signal corresponding to the live event via the audio interface communicatively coupled to the audio server computing device (Referring to Figures 3-5 and 7-9, first processing device 102 is enabled to receive live stream 106 via the at least one audio or multi-media device(s) 104 (via audio interface coupled to the audio server computing device) in real-time. The received live stream 106 may be in analog and/or digital format. According to some embodiments, if the received live stream 106 is in analog format (i.e., an analog signal), then first processing device 102, in accordance with first computer-executable instructions 112, is enabled to convert the received live stream 106 into a digital format. According to some embodiments, first processing device 102 is configured to compress live stream 106 using a suitable low latency audio and/or multi-media codec, such as G.711, MP3 or Opus. See paragraphs 0030-0032.)
Regarding claim 20, D1 discloses at least one wireless network access point communicatively coupled to the audio server computing device (Referring to Figures 3-5, third processing device 128 is associated with a cellular carrier or other mobile network operator (interpreted as wireless network access point) and second network 140 is a cellular carrier network or a subsystem network, such as a Radio Access Network (RAN) of the cellular carrier or other mobile network operator. According to some embodiments, second network 140 comprises a cloud RAN (C-RAN). As such, mobile computing devices 134 may be mobile devices registered or otherwise granted access to the cellular carrier network. Any suitable cellular network is contemplated by this application. For example, according to some embodiments, second network 140 is an LTE, 4G, 5G or 6G network. See paragraphs 0040-0042.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pollet (US 2020/0014742 A1) - Copies of the discrete audio data packets are generated and placed in a respective buffer by the processing device(s). A nominated processing device: receives a connection request from a mobile computing device; determines the distribution status the processing device(s); and selects a processing device to provide the requested transmission based on the distribution status. The selected device generates transmission copies from copies stored in the buffer and transmits the discrete audio data packets/transmission copies to the mobile computing device.
Pollet (US 2024/0114177 A1) - Upon receipt of the live audio stream, the processing device(s) generate, in real-time, a plurality of discrete audio data packets from the live audio stream, and transmit that respective discrete audio data packet over a first network for receipt by the mobile computing devices. In respect of each one of the discrete audio data packets, a copy of the discrete audio data packet is transmitted for receipt by each one of the mobile computing devices prior to transmitting another one of the discrete audio data packets.
Lazar et al. (US 2020/0344498 A1) - A network-based system for live media broadcasting includes a server system including processing structure configured to: deploy processor-executable program code executable on a requesting client computing device for provisioning the requesting client computing device with a browser-based mixing user interface for selective mixing in the browser using at least one media stream received by the requesting client computing device from the server system to generate a mixed video stream.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at 571-272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
DONALD L. MILLS
Primary Examiner
Art Unit 2462
/Donald L Mills/ Primary Examiner, Art Unit 2462
Prosecution Insights