DETAILED ACTION
This action is in response to the application filed 10/28/2024. Claims 1 - 8 are pending and have
been examined.
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 § 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.
Claims 1 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Barkley et al. (U.S. Pub. No. 2008/0101410, hereinafter “Barkley”) in view of Belyaev et al. (U.S. Pub. No. 2015/0365725, hereinafter “Belyaev”).
Regarding Claim 1, Barkley teaches
A bit rate selection device (see Barkley Paragraph [0029], an apparatus such as conferencing server 102 may include a receiver arranged to receive input video streams at first bit rates from multiple client terminals 106-1-m. Conferencing server 102 may further include a rate management module 104. Rate management module 104 may include a rate allocation module and a video transrating module. Video transrating module may include a video encoder and a video transcoder) comprising:
a processor (see Barkley Paragraph [0032], In its most basic configuration, computing environment 200 typically includes a processing system 208 that comprises at least one processing unit 202 and memory 204. Processing unit 202 may be any type of processor capable of executing software, such as a general-purpose processor, a dedicated processor, a media processor, a controller, a microcontroller, an embedded processor, a digital signal processor (DSP), and so forth. Memory 204 may be implemented using any machine-readable or computer-readable media capable of storing data, including both volatile and non-volatile memory), and
a memory storing program instructions (see Barkley Paragraph [0032], In its most basic configuration, computing environment 200 typically includes a processing system 208 that comprises at least one processing unit 202 and memory 204. Processing unit 202 may be any type of processor capable of executing software, such as a general-purpose processor, a dedicated processor, a media processor, a controller, a microcontroller, an embedded processor, a digital signal processor (DSP), and so forth. Memory 204 may be implemented using any machine-readable or computer-readable media capable of storing data, including both volatile and non-volatile memory) that cause the processor to:
select bit rates of videos for each of combinations of a plurality of first terminals and a plurality of second terminals from a plurality of levels of values such that a sum of the bit rates of the videos for each of the combinations is minimized under a constraint that each of the plurality of second terminals receives the videos transmitted from each of the plurality of first terminals via a distribution device in online real-time communication (see Barkley Paragraph [0004], an apparatus such as a conferencing server may include a receiver arranged to receive input video streams at first bit rates from multiple client terminals. The conferencing server may further include a rate management module having a rate allocation module and a video transrating module. The rate allocation module may be arranged to allocate an output bit rate for an output video stream corresponding to each input video stream based on distortion rate information. The rate allocation module may use an allocation technique that ensures a total allocated output bit rate for all output video streams is equal to or less than a bandwidth constraint for the conference server. An example of a bandwidth constraint may include a total output bit rate budget for the conference server, although the embodiments are not limited to this example, Paragraph [0043], Rate allocation module 304 may receive or determine a total output bit rate budget value 316 for conferencing server 102. Total output bit rate budget value 316 may represent at total output bit rate budget available for a given communication connection 218 used by conferencing server 102. Total output bit rate budget value 316 may be static and stored in memory units 204, 212, or may be dynamic and calculated on a periodic or aperiodic basis to reflect current traffic loads for conferencing server 102 and/or communication links 108-1-n, Paragraph [0036], computing environment 200 may be implemented as part of conferencing server 102. In particular, computing environment 200 may be implemented with software programs 210 to include rate management module 104. Rate management module 104 may be arranged to perform rate management operations for conferencing server 102. For example, rate management module 104 may attempt to selectively and dynamically reduce a bit rate for one or more input video streams to generate output video streams that fit within a total output bit rate budget for conferencing server 102, in which process occurs during video conference in real time (Paragraphs [0019] and [0020]))
transmit, to each of the plurality of first terminals, an instruction for instructing each of the plurality of first terminals to perform encoding at one or more bit rates selected for each of the combinations related to the first terminals (see Barkley Paragraph [0004], The video transrating module may include a video encoder and/or video transcoder to reduce an overall input bit rate for the multiple video streams by reducing a first bit rate to a second bit rate for each input video stream in accordance with the allocations to create the output video streams).
Barkley does not expressively teach
and a quality of experience of each of the videos for a user of each of the plurality of second terminals is equal to or higher than a threshold value;
However, Belyaev teaches
and a quality of experience of each of the videos for a user of each of the plurality of second terminals is equal to or higher than a threshold value (see Belyaev Paragraph [0118], The system 600 can operate to compare duplicate video content and eliminate the duplicates that do not satisfy a predetermined threshold for quality, and thus, leave only the video content among the duplicated video content with the highest quality metrics or that is of a greater quality of service based on one of the set of video characteristics, Paragraph [0088], video content can be ranked based on the physical/digital characteristics of the video content (e.g., resolution quality, duration, color quality, sound quality, etc.), in which video content satisfying a predetermined threshold for video/audio quality are kept and other video content be discarded, Paragraph [0158], The removal of duplicates could be according to one or more criteria, such as bit rate, resolution and/or other video quality criteria for maintaining the video content having a greater quality of service than the duplicate video content);
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to combine the teaching of a device that selects and communicates optimal video bit rates for transmitting terminals in real-time video communication (as taught in Barkley), with the quality of experience for receiving users being maintained above a threshold value (as taught in Belyaev), the motivation being to optimize a user experience while ensuring to not reduce video quality below an acceptable level (see Belyaev Paragraph [0118]).
Regarding Claim 2, Barkley in view of Belyaev teaches
The bit rate selection device according to claim 1, wherein
the program instructions cause the processor to select the bit rates of the videos for each of the combinations under a constraint that a sum of the bit rates excluding redundancy of the bit rates (see Belyaev Paragraph [0118], The system 600 can operate to compare duplicate video content and eliminate the duplicates that do not satisfy a predetermined threshold for quality, and thus, leave only the video content among the duplicated video content with the highest quality metrics or that is of a greater quality of service based on one of the set of video characteristics, Paragraph [0088], video content can be ranked based on the physical/digital characteristics of the video content (e.g., resolution quality, duration, color quality, sound quality, etc.), in which video content satisfying a predetermined threshold for video/audio quality are kept and other video content be discarded, Paragraph [0158], The removal of duplicates could be according to one or more criteria, such as bit rate, resolution and/or other video quality criteria for maintaining the video content having a greater quality of service than the duplicate video content) for each of the combinations is within an available band for upload from the plurality of first terminals to the distribution device (see Barkley Paragraph [0004], an apparatus such as a conferencing server may include a receiver arranged to receive input video streams at first bit rates from multiple client terminals. The conferencing server may further include a rate management module having a rate allocation module and a video transrating module. The rate allocation module may be arranged to allocate an output bit rate for an output video stream corresponding to each input video stream based on distortion rate information. The rate allocation module may use an allocation technique that ensures a total allocated output bit rate for all output video streams is equal to or less than a bandwidth constraint for the conference server. An example of a bandwidth constraint may include a total output bit rate budget for the conference server, although the embodiments are not limited to this example, Paragraph [0043], Rate allocation module 304 may receive or determine a total output bit rate budget value 316 for conferencing server 102. Total output bit rate budget value 316 may represent at total output bit rate budget available for a given communication connection 218 used by conferencing server 102. Total output bit rate budget value 316 may be static and stored in memory units 204, 212, or may be dynamic and calculated on a periodic or aperiodic basis to reflect current traffic loads for conferencing server 102 and/or communication links 108-1-n, Paragraph [0036], computing environment 200 may be implemented as part of conferencing server 102. In particular, computing environment 200 may be implemented with software programs 210 to include rate management module 104. Rate management module 104 may be arranged to perform rate management operations for conferencing server 102. For example, rate management module 104 may attempt to selectively and dynamically reduce a bit rate for one or more input video streams to generate output video streams that fit within a total output bit rate budget for conferencing server 102, in which process occurs during video conference in real time (Paragraphs [0019] and [0020])).
Regarding Claim 3, Barkley in view of Belyaev teaches
The bit rate selection device according to claim 1, wherein
the program instructions cause the processor to select the bit rates of the videos for each of the combinations under a constraint that a sum of the bit rates for each of the combinations is within an available band for download from the distribution device to the plurality of second terminals (see Barkley Abstract, The apparatus may include a rate allocation module to allocate an output bit rate for an output video stream corresponding to each input video stream based on distortion rate information where a total output bit rate for all output video streams is equal to or less than a total output bit rate budget for a conference server, Paragraph [0004], An example of a bandwidth constraint may include a total output bit rate budget for the conference server, Paragraph [0024], conferencing server 102 may have certain bandwidth constraints, such as a total output bit rate budget that it can use to send media information. The total output bit rate budget may sometimes be referred to generically as its output capacity. Since conferencing server 102 sends out or reflects many output data streams at any given time from multiple participants and multiple conference calls, its output capacity must be shared between the different output data streams, Paragraph [0054], As shown in FIG. 4, input video streams may be received at first bit rates from multiple client terminals at block 402. A total output bit rate budget for a conferencing server may be determined at block 404. Distortion rate information for each video stream may be retrieved at block 406. An output bit rate for an output video stream corresponding to each input video stream may be allocated based on the distortion rate information where a total output bit rate for all output video streams is equal to or less than the total output bit rate budget at block 408. The first bit rate may be reduced to a second bit rate for one or more input video streams in accordance with the allocations to create the output video streams).
Regarding Claim 4, Barkley in view of Belyaev teaches
The bit rate selection device according to claim 1, wherein
the program instructions cause the processor to select the bit rates of the videos for each of the combinations under a constraint that the number of the bit rates at which each of the plurality of first terminals transmits the video is equal to or smaller than a predetermined number (see Barkley Paragraph [0057], a maximum number of bits that can be allocated for a video frame may be determined, Paragraph [0054], An output bit rate for an output video stream corresponding to each input video stream may be allocated based on the distortion rate information where a total output bit rate for all output video streams is equal to or less than the total output bit rate budget at block 408, and Paragraph [0030], The rate allocation module may allocate the output bit rates for the output video streams using an output bit rate allocation technique that ensures that a total output bit rate for all output video streams is equal to or less than a total output bit rate budget for conferencing server 102).
Regarding Claims 5 - 7, they are rejected similarly as Claims 1 - 3, respectively. The method can be found in Barkley (Paragraph [0063], method).
Regarding Claim 8, it is rejected similarly as Claim 1. The non-transitory computer-readable recording medium can be found in Barkley (Paragraph [0032], computer-readable media).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892, Notice of References Cited for a listing of analogous art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARISSA A JONES whose telephone number is (703)756-1677. The examiner can normally be reached Telework M-F 6:30 AM - 4:00 PM CT.
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, Duc Nguyen can be reached at 5712727503. 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.
/CARISSA A JONES/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
Prosecution Insights