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
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot in view of new grounds of rejection.
Applicant argues the prior art fails to teach “the user type comprises a stuttering type or non-stuttering type; and the delay parameter is used to control and determine a delay of the user watching the live stream”.
Li (WO 2021/057537) teaches performing stuttering prediction on a terminal device in real time and dynamically adjusting the time window based on the delay parameters. The server obtains the terminal device’s parameters and determines if it is a stuttering type or not and adjusts delay parameters in real time based on the received parameters from the terminal device. The server uses the value 1 to indicate stuttering and value 0 to indicate smooth (non-stuttering); ([0011], [0029], [0035], [0117], [0160], [0176], [0238], [0299]).
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, 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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McLoughlin (2018/0115743) in view of Li (WO2021/057537A1; see attached Machine Translation)
As for claims 1, 17, and 20, McLoughlin discloses a method for determining a live streaming delay, applied on a terminal device, comprising:
determining a user type corresponding to a user watching a live stream (Determines if a user is actively participating in a stream. If so, the encoding operations are adjusted to reduce latency; [0070], [0076], [0079], [0168], [0169]);
acquiring a network parameter for the user when watching the live stream (The minimal delay in collecting and processing the collected data is based on a sampling rate or monitoring frequency of the computing device, and a time delay associated with processing the collected data and transmitting the processed data over a network. The configuration server can process user input data from the computing device, and stream data generated by the host system in real-time. The configuration server dynamically adjusts the stream data provided to the computing device in real-time in response to processing user input data collected on the computing device [0045]; The bandwidth budget can be dynamically adjusted based on changes in network connectivity speeds [0088];);
determining, based on the user type and the network parameter, a delay parameter for the user when watching the live stream (A combination of techniques are employed to dynamically adjust between encoding techniques being performed between the host system and the computing device. For example, if the network experiences significant variability in connectivity, then encoding operations may be adjusted to reduce latency while the user is participating in an active streaming session; [0045], [0070], [0103]),
wherein the delay parameter is associated with a delay of the user watching the live stream ([0045], [0070], [0076], [0079], [0103], [0168], [0169]); and
However, McLoughlin fails to disclose:
Wherein the user type comprises a stuttering type or a non-stuttering type;
The delay parameter is used to control and determine a delay of the user watching the live stream;
sending the delay parameter to a multimedia server, and receiving live streaming data sent by the multimedia server based on the delay parameter.
In an analogous art, Li discloses:
Wherein the user type comprises a stuttering type or a non-stuttering type (performing stuttering prediction on a terminal device in real time and dynamically adjusting the time window based on the delay parameters. The server obtains the terminal device’s parameters and determines if it is a stuttering type or not and adjusts delay parameters in real time based on the received parameters from the terminal device. The server uses the value 1 to indicate stuttering and value 0 to indicate smooth (non-stuttering); ([0011], [0029], [0035], [0117], [0160], [0176], [0238], [0299]));
The delay parameter is used to control and determine a delay of the user watching the live stream ([0011], [0029], [0035], [0117], [0160], [0176], [0238], [0299]);
sending the delay parameter to a multimedia server, and receiving live streaming data sent by the multimedia server based on the delay parameter ([0011], [0029], [0035], [0117], [0160], [0176], [0238], [0299]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McLoughlin’s invention to include the abovementioned limitation, as taught by Li, for the advantage of ensuring a smooth content delivery.
As for claims 2 and 18, McLoughlin discloses wherein the determining, based on the user type and the network parameter, the delay parameter for the user when watching the live stream, comprises: determining, based on the network parameter, a network quality level for the user when watching the live stream; and determining, based on the network quality level and the user type, the delay parameter for the user when watching the live stream ([0088], [0045]).
As for claims 3 and 19, McLoughlin discloses wherein the determining, based on the network quality level and the user type, the delay parameter for the user when watching the live stream, comprises: in response to the network quality level being greater than or equal to the first threshold, and the user type comprising a non-stuttering type (user is active during streaming session), setting the delay parameter to a first preset value; and in response to the network parameter being less than the first threshold, or the user type comprising a stuttering type (user is inactive), determining, based on the user type, the delay parameter for the user when watching the live stream ([0063], [0070], [0078], [0079]).
As for claim 4, McLoughlin discloses wherein the determining, based on the user type, the delay parameter for the user when watching the live stream, comprises: in response to the user type further comprising an interactive type (active user), setting the delay parameter to a second preset value; and in response to the user type further comprising a non-interactive type (inactive user), setting the delay parameter to a third preset value, wherein the first preset value is less than the second preset value, and the second preset value is less than the third preset value ([0063], [0070], [0078], [0079]).
As for claims 5-8, McLoughlin and Li discloses:
Acquiring a total number of stuttering times and live streaming interaction information of user watching the live stream during a historical period (Li: ([0011], [0029], [0035], [0117], [0160], [0176], [0238], [0299]));
Determining the user type as the stuttering type or the non-stuttering type based on the total number of stuttering times (Li: ([0011], [0029], [0035], [0117], [0160], [0176], [0238], [0299])); and
Determining the user type as an interactive type or a non-interactive type based on the live streaming interaction information (McLoughlin: [0063], [0070], [0078], [0079]).
As for claims 9-12, Li discloses:
in response to the total number of stuttering times being greater than or equal to a second threshold, determining the user as the stuttering type; and in response to the total number of stuttering times being less than or equal to a second threshold, determining the user as the non-stuttering type (The server uses the value 1 to indicate stuttering and value 0 to indicate smooth (non-stuttering); ([0011], [0029], [0035], [0117], [0160], [0176], [0238], [0299]));
As for claims 13-16, McLoughlin and Li discloses:
determining, based on the live streaming interaction information, an interaction frequency of the user when watching the live stream (McLoughlin: [0063], [0070], [0078], [0079]);
in response to the interaction frequency being greater than or equal to a third threshold, determining the user type as the interactive type (McLoughlin: [0063], [0070], [0078], [0079]); and
in response to the interaction frequency being less than the third threshold, determining the user type as the non-interactive type (McLoughlin: [0063], [0070], [0078], [0079]);
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.
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SUMAIYA A. CHOWDHURY
Examiner
Art Unit 2421
/SUMAIYA A CHOWDHURY/Primary Examiner, Art Unit 2421
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