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
Claim Objections
New claim objections are raised to certain claims as set forth below in the following Detailed Action.
35 U.S.C. 103 Rejection
Applicant’s arguments with respect to the claim(s) 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.
DETAILED ACTION
Claim Objections
Claims 4-6, 9, 10 and 13-15 are objected to because of the following informalities:
For claim 4, Examiner believes this claim should be amended in the following manner:
The image processing method according to claim 1, wherein the second image sequence further comprises:
fourth images;
image content of each of the fourth images is same as image content of a second area in each corresponding first image of the first images; and
the second area is located in areas other than the first area; and
determining whether to update the first images comprises:
determining whether to update the first images, based on a similarity between the image content of each fourth image and the image content in the second area in each first image; and
if so, updating [[the]] each first image.
For claim 5, Examiner believes this claim should be amended in the following manner:
The image processing method according to claim 1, wherein after transmitting the video stream to the user, the image processing method further comprises:
updating coordinates of a center point of the first area in [[the]] each first image based on coordinates of a center point of a video picture of the user when watching the video stream; and
updating the first area in [[the]] each first image based on the updated coordinates of the center point of the first area.
For claim 6, Examiner believes this claim should be amended in the following manner:
An image processing method, comprising:
transmitting a first image sequence based on a first transmission frame rate, and transmitting a second image sequence based on a second transmission frame rate, wherein the first image sequence comprises:
first images;
the second image sequence comprises second images;
image content of each of the second images is same as image content of a first area in each corresponding first image of the first images;
and the first transmission frame rate is less than the second transmission frame rate;
wherein a third image sequence is generated based on the first image sequence and the second image sequence, wherein the third image sequence comprises third images; the third images are in a one-to-one correspondence with the second images; image content of the first area in each of the third images comes from the second images; image content of areas, other than the first area, in the third images comes from the first images; and determining whether to update the first images based on change of image content of areas other than the first area in the first images.
For claim 9, Examiner believes this claim should be amended in the following manner:
The image processing method according to claim 7, wherein the cropping the first area in each first image, to obtain the each corresponding second image comprises:
rotating [[the]] each first image based on coordinates of a center point of the first area, wherein the coordinates of the center point of the first area in [[the]] each first image as rotated are located at a center of [[the]] each first image as rotated; and
cropping the first area in each first image as rotated, to obtain each corresponding second image.
For claim 10, Examiner believes this claim should be amended in the following manner:
The image processing method according to claim 6, wherein after transmitting the first image sequence based on the first transmission frame rate, and transmitting the second image sequence based on the second transmission frame rate, the image processing method further comprises:
obtaining updated coordinates of a center point of the first area; and
updating the first area in [[the]] each first image based on the updated coordinates of the center point of the first area.
For claim 13, Examiner believes this claim should be amended in the following manner:
The electronic device according to claim 12, wherein the computer-executable instructions that cause the processor to replace the image content of each first area in [[the]] each first image with each corresponding second image further cause the processor to:
determine a coordinate correspondence between pixel points in each corresponding second image and pixel points in the first area in each first image based on a width and height of each first image, a width and height of the first area, a spherical angle range covered by the first area, and coordinates of a center point of a video picture of the user; and
replace the pixel points in the first area in each first image with the pixel points in each corresponding second image based on the coordinate correspondence.
For claim 14, Examiner believes this claim should be amended in the following manner:
The electronic device according to claim 11, wherein the second image sequence further comprises a fourth image; image content of the fourth image is same as image content of a second area in [[the]] each first image; and the second area is located in areas other than the first area; and the computer-executable instructions that cause the processor to determine whether to update the first images
determine whether to update [[the]] each first image, based on a similarity between the image content of the fourth image and the image content in the second area in [[the]] each first image; and
if so, update [[the]] each first image.
For claim 15, Examiner believes this claim should be amended in the following manner:
The electronic device according to claim 11, wherein after the video stream is transmitted to the user, the processor is further caused to:
update coordinates of a center point of the first area in [[the]] each first image based on coordinates of a center point of a video picture of the user when watching the video stream; and
update the first area in [[the]] each first image based on the updated coordinates of the center point of the first area.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries 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.
Claim(s) 1-3, 6 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (U.S. Patent Application Publication 2016/0165233 A1) in view of Kim et al., Region of Interest-based Segmented Tiled Adaptive Streaming Using Head-mounted Display Tracking Sensing Data, International Journal of Distributed Sensor Networks, Vol. 15(12), November 2019 (hereinafter “Kim”) and Tojo et al. (U.S. Patent Application Publication 2018/0089529 A1, hereinafter “Tojo”).
For claim 1, Liu discloses an image processing method (disclosing a system and method for processing images (par. 1)), comprising: receiving a first image sequence transmitted based on a first transmission frame rate and a second image sequence transmitted based on a second transmission frame rate, wherein the first image sequence comprises: first images (disclosing the method receives a first image sequence for transmission at a first frame rate and a second image sequence for transmission at a second frame rate where the first image sequence comprises first images (par. 204, 207 and 232)); the second image sequence comprises second images (disclosing the second image sequence comprises second images (par. 204)); image content of each of the second images is a same content as image content of a first area in each corresponding first image of the first images (disclosing image content of each of the second images corresponds and is same as a region of interest of a first area in each corresponding first image of the first images (par. 204)); and the first transmission frame rate is less than the second transmission frame rate (disclosing the first frame rate for transmitting the first image sequence is less than the second frame rate for transmitting the second image sequence (par. 204)).
Liu does not disclose generating a third image sequence based on a first image sequence and a second image sequence, wherein the third image sequence comprises third images; the third images are in a one-to-one correspondence with second images; image content of a first area in each of the third images comes from the second images; and image content of areas, other than the first area, in the third images comes from first images; and generating a video stream based on the third image sequence and transmitting the video stream to a user.
However, these limitations are well-known in the art as disclosed in Kim.
Kim similarly discloses a system and method for transmitting video as image sequences for streaming to a user (page 1). Kim likewise discloses LQ Tiles as a first image sequence and HQ Tiles as a second image sequence (pages 3-4 and 13-14). Kim discloses a third image sequence of third images where the third images correspond to second images in the second image sequence (pages 3-4 and 13-14). Kim further explains image content of a region of interest as a first area in the third images comes from the second images and image content of areas other than the region of interest comes from first images of the first image sequence so that a video stream is generated based on the third image sequence for transmission to a user for streaming (pages 1, 3-4 and 13-14). It follows Liu may be accordingly modified with the teachings of Kim to generate a third image sequence based on its first image sequence and its second image sequence to generate a video stream for transmission to a user.
A person having ordinary skill in the art (PHOSITA) before the effective filing date of the claimed invention would find it obvious to modify Liu with the teachings of Kim. Kim is analogous art in dealing with a system and method for transmitting video as image sequences for streaming to a user (page 1). Kim discloses its generation of a third image sequence is advantageous in generating an adaptive video stream for appropriate presentation of a region of interest to a user (pages 1, 3-4 and 13-14). Consequently, a PHOSITA would incorporate the teachings of Kim into Liu for generating an adaptive video stream for appropriate presentation of a region of interest to a user.
Liu as modified by Kim does not disclose determining whether to update a first image based on change of image content of areas other than a first area in the first image.
However, these limitations are well-known in the art as disclosed in Tojo.
Tojo similarly discloses a system and method for processing and encoding video (par. 6 and 50). Tojo determines whether to update a region of interest as a first image based on a change of image content of regions of a background region other than a first are in the region of interest (par. 63). It follows Liu and Kim may be accordingly modified with the teachings of Tojo to determine whether to update its first images, based on change of image content of areas other than its first area in its first images.
A PHOSITA before the effective filing date of the claimed invention would find it obvious to modify Liu and Kim with the teachings of Tojo. Tojo is analogous art in dealing with a system and method for processing and encoding video (par. 6 and 50). Tojo discloses its determination of background changes is advantageous in updating a region of interest of a video for appropriate display (par. 63). Consequently, a PHOSITA would incorporate the teachings of Tojo into Liu and Kim for updating a region of interest of a video for appropriate display. Therefore, claim 1 is rendered obvious to a PHOSITA before the effective filing date of the claimed invention.
For claim 2, depending on claim 1, Liu as modified by Kim and Tojo discloses wherein the generating the third image sequence based on the first image sequence and the second image sequence comprises: augmenting the first image sequence based on the second transmission frame rate, wherein the first images in the augmented first image sequence are in a one-to-one correspondence with the second images; replacing the image content of the first area in each first image with each corresponding second image, wherein the first images are the third images; and generating the third image sequence based on the third images (Liu discloses receives a first image sequence for transmission at a first frame rate and a second image sequence for transmission at a second frame rate where the first image sequence comprises first images and the second image sequence comprises second images (par. 204); Kim similarly discloses a system and method for transmitting video as image sequences for streaming to a user (page 1). Kim likewise discloses LQ Tiles as a first image sequence and HQ Tiles as a second image sequence (pages 3-4 and 13-14); Kim explains the first image sequence corresponds to the second images of the second image sequence so that the first image sequence is augmented by replacing image content of a region of interest as a first area in each first image with each corresponding second image so that the augmented first images become third images of a third image sequence of a video stream for transmission to a user (pages 1, 3-4 and 13-14); and it follows Liu may be accordingly modified with the teachings of Kim to augment its first image sequence based on its second transmission frame rate with its second image sequence to generate its third image sequence to appropriately generate a video stream for transmission to a user).
For claim 3, depending on claim 2, Liu as modified by Kim and Tojo discloses wherein the replacing the image content of the first area in each first image with each corresponding second image comprises: determining a coordinate correspondence between pixel points in each corresponding second image and pixel points in the first area in each first image based on a width and height of each first image, a width and height of the first area, a spherical angle range covered by the first area, and coordinates of a center point of a video picture of the user; and replacing the pixel points in the first area in each first image with the pixel points in each corresponding second image based on the coordinate correspondence (Kim similarly discloses a system and method for transmitting video as image sequences for streaming to a user (page 1). Kim likewise discloses LQ Tiles as a first image sequence and HQ Tiles as a second image sequence (pages 3-4 and 13-14); Kim explains the first image sequence corresponds to the second images of the second image sequence so that the first image sequence is augmented by replacing image content of a region of interest as a first area in each first image with each corresponding second image so that the augmented first images become third images of a third image sequence of a video stream for transmission to a user (pages 1, 3-4 and 13-14); Kim further explains its system determines a coordinate correspondence between pixel points in each corresponding second image and pixel points in the region of interest in each first image based on a width and height of each first image, a width and height of the region of interest, a spherical angle range covered by the region of interest and coordinates of a center point of a video picture of the user to replace the pixel points in the region of interest in each first image with the pixel points in each corresponding second image based on the coordinate correspondence (pages 3-4, 6-7 and 13-14); and it follows Liu may be accordingly modified with the teachings of Kim to generate a third image sequence based on its first image sequence and its second image sequence to generate a video stream for transmission to a user).
For claim 6, Liu as modified by Kim and Tojo discloses an image processing method (Liu discloses a system and method for processing images (par. 1)), comprising: transmitting a first image sequence based on a first transmission frame rate, and transmitting a second image sequence based on a second transmission frame rate, wherein the first image sequence comprises: first images (Liu discloses the method receives a first image sequence for transmission at a first frame rate and a second image sequence for transmission at a second frame rate where the first image sequence comprises first images (par. 204, 207 and 232)); the second image sequence comprises second images (Liu discloses the second image sequence comprises second images (par. 204)); image content of each of the second images is same as image content of a first area in each corresponding first image of the first images (Liu discloses image content of each of the second images corresponds and is same as a region of interest of a first area in the first images (par. 204)); and the first transmission frame rate is less than the second transmission frame rate (Liu discloses the first frame rate for transmitting the first image sequence is less than the second frame rate for transmitting the second image sequence (par. 204); Kim similarly discloses a system and method for transmitting video as image sequences for streaming to a user (page 1); Kim likewise discloses LQ Tiles as a first image sequence and HQ Tiles as a second image sequence (pages 3-4 and 13-14); Kim discloses a third image sequence of third images where the third images correspond to second images in the second image sequence (pages 3-4 and 13-14); Kim further explains image content of a region of interest as a first area in the third images comes from the second images and image content of areas other than the region of interest comes from first images of the first image sequence so that a video stream is generated based on the third image sequence for transmission to a user for streaming (pages 1, 3-4 and 13-14); and it follows Liu may be accordingly modified with the teachings of Kim to generate a third image sequence based on its first image sequence and its second image sequence to generate a video stream for transmission to a user); wherein a third image sequence is generated based on the first image sequence and the second image sequence, wherein the third image sequence comprises third images; the third images are in a one-to-one correspondence with the second images; image content of the first area in each of the third images comes from the second images; image content of areas, other than the first area, in the third images comes from the first images (Kim similarly discloses a system and method for transmitting video as image sequences for streaming to a user (page 1); Kim likewise discloses LQ Tiles as a first image sequence and HQ Tiles as a second image sequence (pages 3-4 and 13-14). Kim discloses a third image sequence of third images where the third images correspond to second images in the second image sequence (pages 3-4 and 13-14); Kim further explains image content of a region of interest as a first area in the third images comes from the second images and image content of areas other than the region of interest comes from first images of the first image sequence so that a video stream is generated based on the third image sequence for transmission to a user for streaming (pages 1, 3-4 and 13-14); and it follows Liu may be accordingly modified with the teachings of Kim to generate a third image sequence based on its first image sequence and its second image sequence to generate a video stream for transmission to a user); and it is determined whether to update the first images based on change of image content of areas other than the first area in the first images (Tojo similarly discloses a system and method for processing and encoding video (par. 6 and 50); Tojo determines whether to update a region of interest as a first image based on a change of image content of regions of a background region other than a first are in the region of interest (par. 63); and it follows Liu and Kim may be accordingly modified with the teachings of Tojo to determine whether to update its first images, based on change of image content of areas other than its first area in its first images).
For claim 11, Liu as modified by Kim and Tojo discloses an electronic device (Liu discloses a computer as an electronic device (Figs. 3-4; par. 283)), comprising: a processor (Liu discloses a processor (par. 211)); and a memory configured to store computer-executable instructions (Liu discloses a memory for storing computer-executable instructions for execution by the processor (par. 211 and 283)) that, when executed, cause the processor to perform the method of claim 1 (see above as to claim 1).
For claim 12, depending on claim 11, this claim is a combination of the limitations of claim 11 and claim 2. It follows claim 12 is rejected for the same reasons as to claim 11 and claim 2.
For claim 13, depending on claim 12, this claim is a combination of the limitations of claim 12 and claim 3. It follows claim 13 is rejected for the same reasons as to claim 12 and claim 3.
Claim(s) 5, 10 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Kim and Tojo further in view of Doron (U.S. Patent 10,666,941 B1).
For claim 5, depending on claim 1, Liu as modified by Kim and Tojo does not disclose updating coordinates of a center point of a region of interest in an image based on coordinates of a center point of a video picture of a user.
However, these limitations are well-known in the art as disclosed in Doron.
Doron similarly discloses a system and method for live streaming video to a user (col. 1/lines 12-15). Doron explains its system updates coordinates of a center point for a region of interest in an image based on coordinates of a center point of a video picture for a user (col. 11/lines 32-54). It follows Liu, Kim and Tojo may be accordingly modified with the teachings of Doron to update coordinates of a center point of a region of interest in an image based on coordinates of a center point of a video picture of its user watching its video stream for updating its first area in each first image based on the updated coordinates of the center point of its first area.
A PHOSITA before the effective filing date of the claimed invention would find it obvious to modify Liu, Kim and Tojo with the teachings of Doron. Doron is analogous art in dealing with a system and method for live streaming video to a user (col. 1/lines 12-15). Doron discloses its update for coordinates of a center is advantageous in appropriately adjusting image quality for video streaming (col. 11/lines 32-54). Consequently, a PHOSITA would incorporate the teachings of Doron into Liu, Kim and Tojo for appropriately adjusting image quality for video streaming. Therefore, claim 5 is rendered obvious to a PHOSITA before the effective filing date of the claimed invention.
For claim 10, depending on claim 6, Liu as modified by Kim, Tojo and Doron discloses wherein after transmitting the first image sequence based on the first transmission frame rate, and transmitting the second image sequence based on the second transmission frame rate, the method further comprises: obtaining the updated coordinates of the center point of the first area; and updating the first area in the first image based on the updated coordinates of the center point of the first area (Doron similarly discloses a system and method for live streaming video to a user (col. 1/lines 12-15); Doron explains its system updates coordinates of a center point for a region of interest in an image based on coordinates of a center point of a video picture for a user (col. 11/lines 32-54); and it follows Liu, Kim and Tojo may be accordingly modified with the teachings of Doron to update coordinates of a center point of a region of interest for updating its first area in its first image based on the updated coordinates of the center point of its first area).
For claim 15, depending on claim 11, this claim is a combination of the limitations of claim 11 and claim 5. It follows claim 15 is rejected for the same reasons as to claim 11 and claim 5.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Kim and Tojo further in view of Rajvanshi et al. (U.S. Patent Application Publication 2019/0320113 A1, hereinafter “Rajvanshi”) and Bakunov et al. (U.S. Patent Application Publication 2024/0297957 A1, hereinafter “Bakunov”).
For claim 7, depending on claim 6, Liu as modified by Kim and Tojo does not disclose capturing an image according to a preset capture frame rate.
However, these limitations are well-known in the art as disclosed in Rajvanshi.
Rajvanshi similarly discloses a system and method for generating a video stream for presentation to a user (par. 23). Rajvanshi explains images captured for providing the video stream may be captured as a preset capture frame rate such as 24 or 30 frames per second (par. 128). It follows Liu, Kim and Tojo may be accordingly modified with the teachings of Rajvanshi to capture its first images according to a preset capture frame rate.
A PHOSITA before the effective filing date of the claimed invention would find it obvious to modify Liu and Kim with the teachings of Rajvanshi. Rajvanshi is analogous art in dealing with a system and method for generating a video stream for presentation to a user (par. 23). Rajvanshi discloses its use of a preset capture frame rate is advantageous in appropriately capturing image frames for providing a video stream to a user (par. 128). Consequently, a PHOSITA would incorporate the teachings of Rajvanshi into Liu, Kim and Tojo for appropriately capturing image frames for providing a video stream to a user.
Liu as modified by Kim, Tojo and Rajvanshi does not disclose determining a first area in an image and cropping the first area in the image to obtain a second image.
However, these limitations are well-known in the art as disclosed in Bakunov.
Bakunov similarly discloses a system and method for generating a video stream for presentation to a user (par. 41). Bakunov explains its system determines a region of interest as a first area in an image and crops the region of interest in the image to obtain a second image (par. 89 and 114-115). It follows Liu, Kim, Tojo and Rajvanshi may be accordingly modified with the teachings of Bakunov to determine its first area in its first images and cropping its first area in its first images to obtain its second images.
A PHOSITA before the effective filing date of the claimed invention would find it obvious to modify Liu, Kim, Tojo and Rajvanshi with the teachings of Bakunov. Bakunov is analogous art in dealing with a system and method for generating a video stream for presentation to a user (par. 41). Bakunov discloses its use of cropping is advantageous in appropriately obtaining a region of interest from an image for presentation to a user (par. 89 and 114-115). Consequently, a PHOSITA would incorporate the teachings of Bakunov into Liu, Kim, Tojo and Rajvanshi for appropriately obtaining a region of interest from an image for presentation to a user. Therefore, claim 7 is rendered obvious to a PHOSITA before the effective filing date of the claimed invention.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Kim and Tojo further in view of Rajvanshi and Bakunov further in view of Huang et al. (U.S. Patent Application Publication 2012/0002112 A1, hereinafter “Huang”).
For claim 8, depending on claim 7, Liu as modified by Kim, Tojo, Rajvanshi and Bakunov does not disclose determining a first area in an image based on a difference in image content of a plurality of images with adjacent timestamps.
However, these limitations are well-known in the art as disclosed in Huang.
Huang similarly discloses a system and method for generating a video stream for presentation to a user (par. 51-52). Huang explains its system determines a region of interest as a first area in an image based on differences of image content of a plurality of adjacent images with adjacent timestamps (par. 61-64). It follows Liu, Kim, Tojo, Rajvanshi and Bakunov may be accordingly modified with the teachings of Huang to determine its first area in its first images based on a difference in image content of a plurality of first images with adjacent timestamps.
A PHOSITA before the effective filing date of the claimed invention would find it obvious to modify Liu, Kim, Tojo, Rajvanshi and Bakunov with the teachings of Huang. Huang is analogous art in dealing with a system and method for generating a video stream for presentation to a user (par. 51-52).Huang discloses its determination of differences between image content is advantageous in appropriately finding a region of interest in an image for processing and presentation (par. 61-64). Consequently, a PHOSITA would incorporate the teachings of Huang into Liu, Kim, Tojo, Rajvanshi and Bakunov for appropriately finding a region of interest in an image for processing and presentation. Therefore, claim 8 is rendered obvious to a PHOSITA before the effective filing date of the claimed invention.
Allowable Subject Matter
Claims 4, 9 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES TSENG whose telephone number is (571)270-3857. The examiner can normally be reached 8-5.
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/CHARLES TSENG/ Primary Examiner, Art Unit 2613
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