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 § 102
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 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.
Claim(s) 1 and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fu et al. (US 2013/0300818 A1).
Regarding claim 1, 15, and 16 Fu discloses a live-streaming method, device and non-transitory computer readable storage medium, comprising:
At least one processor; and A memory communicably connected with the at least one processor, where the memory stores a computer program run by the at least one processor, and the computer program, when run by the at least one processor (See Fig 1 and [0018] [0024] client terminals and AV server), causes the at least one processor to implement a live-streaming method comprising:
determining, through a browser, audio and video information being used during live-streaming in the browser (See Fig 1-Fig 3, [0011-0012] and [0022]);
packaging the audio and video information to obtain an audio and video data packet (See [0019] “The interactive video platform 10 processes and stores the information coming from the linked client terminals 14, such as the AV data of the original documents, the words written by the users, figures drawn by the users, and the marks made by the users. The interactive video platform 10 further shares the AV data among the linked client terminals 14.”); and
transmitting, through a network transmission capability of the browser, the audio and video data packet to a target live-streaming server to cause the target live-streaming server to distribute the audio and video information (See [0019] “The AV server 122 receives, edits, and transmits the AV data of the linked users. The AV data is in form of an AV streaming. The AV server 122 can store and edit various AV data generated by the users of the client terminals 14, such as movie files or the images and sounds captured by the media capture device 142. The AV server 122 further converts the dynamic or static AV data into an AV streaming and transmits the AV streaming to other linked client terminals 14.”.
See [0011] the video platform system is implemented by a web browser. See [0022] plurality of users use a browser to link to an interactive video platform. “ In Step S12, after receiving the AV file from the primary client terminal, the AV server of the interactive video platform merges the AV file and distributes the merged AV file to the other client terminals, wherein a webpage server of the interactive video platform provides a browser interface for the users, and a message server of the interactive video platform is responsible for transmitting the interactive messages of the users.” See example at [0023] “ Firstly, the instructor and the learner both link to the interactive video platform and respectively switch on their primary monitors and secondary monitors. The primary monitors respectively display their own original documents and AV information. The secondary monitors respectively display the AV information, mug shots and speeches of their opposite parties. The learner uses a media capture device 142 to take a live image or video of a machine. The live image is presented on the primary monitor of the learner side and converted into an AV streaming. Through the internet, the learner terminal transmits the AV streaming to the AV server 122, and the AV server 122 further transmits the AV streaming to the instructor terminal.”).
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) 2, 4-6, 9, 11, 17, 19-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu et al. (US 2013/0300818 A1) in view of Balko (US 2016/0117159 A1).
Regarding claim 2 and 17, Fu discloses the method according to claim 1, but does not explicitly disclose wherein determining, through the browser, the audio and video information being used during the live-streaming in the browser comprises:
determining audio and video gathering source information being used during the live-streaming in the browser; and
determining, according to the audio and video gathering source information, the audio and video information being used during the live-streaming in the browser.
Balko discloses that it was known to determine audio and video gathering source information being used during the live-streaming in the browser (See [0013] determine video and audio capture devices; [0031] video source location information may be a digital camera or other location such as another client computing device); and
determining, according to the audio and video gathering source information, the audio and video information being used during the live-streaming in the browser (See [0014-0015] processing the determined audio and video into the proper format).
Prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the known system of Fu with the known methods of Balko predictably resulting in determining audio and video gathering source information being used during the live-streaming in the browser; and determining, according to the audio and video gathering source information, the audio and video information being used during the live-streaming in the browser by applying the court recognized rational of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The modification would have the benefit of embedding video capturing processing and conversion capabilities usable on different computing resources as suggested by Balko.
Regarding claim 4 and 19, Fu and Balko further disclose the method according to claim 2, wherein the audio and video information is determined based on one of the following modes: real-time audio and video gathering, audio and video sharing, and audio and video adding (See Fu [0023] live image capture).
Regarding claim 5 and 20, Fu and Balko further disclose the method according to claim 2, wherein determining, according to the audio and video gathering source information, the audio and video information being used during the live-streaming in the browser comprises:
determining audio and video configuration information being used during the live-streaming in the browser; determining, according to the audio and video gathering source information, audio and video devices configured to provide audio and video data, and obtaining audio and video frames output by the audio and video devices (See [0041] retrieving the audio and video data from the video target location); and
performing, according to the audio and video configuration information, audio and video encoding on the audio and video frames output by the audio and video devices, to obtain the audio and video information being used during the live-streaming in the browser (See [0041] transcoding audio and video data ).
Regarding claim 6 and 21, Fu and Balko further disclose the method according to claim 5, wherein performing the audio and video encoding on the audio and video frames output by the audio and video devices comprises:
Performing, through a webpage audio and video coder-decoder on the browser, the audio and video encoding on the audio and video frames output by the audio and video devices (See [0014] Codecs for audio and video coding; See [0041]).
Regarding claim 9, Fu discloses the method according to claim 1, but does not explicitly disclose wherein packaging the audio and video information to obtain the audio and video data packet comprises:
determining a target data format required for packaging the audio and video information; and
packaging the audio and video information according to the target data format to obtain the audio and video data packet, wherein the target data format is a fixed configuration or a custom configuration.
Balko discloses that it was known to determine a target data format required for packaging audio and video information; and packaging the audio and video information according to target data format to obtain audio and video data packet, wherein the target data format is a fixed configuration or a custom configuration.
Prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the known system of Fu with the known methods of Balko predictably resulting in determining a target data format required for packaging the audio and video information; and packaging the audio and video information according to the target data format to obtain the audio and video data packet, wherein the target data format is a fixed configuration or a custom configuration by applying the court recognized rational of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The modification would have the benefit of embedding video capturing processing and conversion capabilities usable on different computing resources as suggested by Balko.
Regarding claim 11, Fu discloses the method according to claim 1, but does not explicitly disclose wherein transmitting the audio and video data packet to the target live-streaming server through the network transmission capability of the browser comprises:
transmitting the audio and video data packet to the target live-streaming server through a target network connection established between the browser and the target live-streaming server wherein the target network connection is established depending on the network transmission capability of the browser.
Balko discloses transmitting the audio and video data packet to the target live-streaming server through a target network connection established between the browser and the target live-streaming server wherein the target network connection is established depending on the network transmission capability of the client (See [0041] adapting audio and video to client capability).
Prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the known system of Fu with the known methods of Balko predictably resulting in transmitting the audio and video data packet to the target live-streaming server through a target network connection established between the browser and the target live-streaming server wherein the target network connection is established depending on the network transmission capability of the browser by applying the court recognized rational of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The modification would have the benefit of embedding video capturing processing and conversion capabilities usable on different computing resources as suggested by Balko.
Claim(s) 3, 7-8, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu et al. (US 2013/0300818 A1) in view of Balko (US 2016/0117159 A1) in view of Bader-Natal et al (US 2018/0375676 A1).
Regarding claim 3 and 18, Fu and Balko disclose the method of claim 2, and wherein determining the audio and video gathering source information being used during the live-streaming in the browser comprises:
In response to an audio and video selection event triggered on a browser live-streaming pushing tool, determining the audio and video gathering source information being used during the live-streaming in the browser,
wherein the audio and video selection event comprises a selection operation result of an audio source and a video frame source that are displayed and provided by the browser live-streaming pushing tool.
Bader-Natal discloses that it was known to have in response to an audio and video selection event triggered on a browser live-streaming pushing tool, determining the audio and video gathering source information being used during the live-streaming in the browser (See [0232-0234]),
wherein the audio and video selection event comprises a selection operation result of an audio source and a video frame source that are displayed and provided by the browser live-streaming pushing tool (See [0232-0234]).
Prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the combination with the known methods of Bader-Natal predictably resulting in in response to an audio and video selection event triggered on a browser live-streaming pushing tool, determining the audio and video gathering source information being used during the live-streaming in the browser, wherein the audio and video selection event comprises a selection operation result of an audio source and a video frame source that are displayed and provided by the browser live-streaming pushing tool by applying the court recognized rational of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The modification would have the benefit of initiating recording of audio and video as suggested by Bader-Natal.
Regarding claim 7, Fu and Balko disclose the method of claim 5 and Balko discloses configuring the embeddable video capturing processing and conversion application (see [0020] ), but do not explicitly disclose and wherein determining the audio and video gathering source information being used during the live-streaming in the browser comprises:
In response to an audio and video selection event triggered on a browser live-streaming pushing tool, determining the audio and video gathering source information being used during the live-streaming in the browser,
wherein the audio and video selection event comprises a selection operation result of an audio configuration parameter and a video configuration parameter that are displayed and provided by the browser live-streaming pushing tool.
Bader-Natal discloses that it was known to have in response to an audio and video selection event triggered on a browser live-streaming pushing tool, determining the audio and video gathering source information being used during the live-streaming in the browser (See [0171] [0257-0258]and [0232-0234]),
wherein the audio and video selection event comprises a selection operation result of an audio configuration parameter and a video configuration parameter that are displayed and provided by the browser live-streaming pushing tool (See [0170-171] [0257-0258] and [0232-0234]).
Prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the combination with the known methods of Bader-Natal predictably resulting in in response to an audio and video selection event triggered on a browser live-streaming pushing tool, determining the audio and video gathering source information being used during the live-streaming in the browser, wherein the audio and video selection event comprises a selection operation result of an audio configuration parameter and a video configuration parameter that are displayed and provided by the browser live-streaming pushing tool by applying the court recognized rational of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The modification would have the benefit of initiating recording of audio and video as suggested by Bader-Natal.
Regarding claim 8, Fu Balko and Bader-Natal further disclose the method according to claim 7, wherein the audio configuration parameter and the video configuration parameter are determined based on a fixed recommendation configuration mode or a custom configuration mode, the audio configuration parameter is represented by an audio coding rate and an audio sampling rate; and the video configuration parameter is represented by a video resolution, a video coding rate, and a video frame rate (See Balko [0014] resolution, bitrate and frame rate are coded according to parameters suitable for compatibility with a particular playback device).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu et al. (US 2013/0300818 A1) in view of Bader-Natal et al (US 2018/0375676 A1).
Regarding claim 10, Fu discloses the method according to claim 1 and transmitting audio and video to an AV server, but does not explicitly disclose transmitting, through the network transmission capability of the browser, the audio and video data packet to the target live-streaming server comprises:
obtaining a live-streaming pushing address of the target live-streaming server that is triggered and input on a browser live-streaming pushing tool; and transmitting the audio and video data packet to the target live-streaming server through the network transmission capability of the browser according to the live-streaming pushing address of the target live-streaming server.
Bader-Natal discloses obtaining a live-streaming pushing address of the target live-streaming client that is triggered and input on a browser live-streaming pushing tool; and transmitting the audio and video data packet to the target live-streaming client through the network transmission capability of the browser according to the live-streaming pushing address of the target live-streaming client (See [0154-0155] network address for recipient device).
Prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the known system of Fu with the known methods of Bader-Natal predictably resulting in obtaining a live-streaming pushing address of the target live-streaming server that is triggered and input on a browser live-streaming pushing tool; and transmitting the audio and video data packet to the target live-streaming server through the network transmission capability of the browser according to the live-streaming pushing address of the target live-streaming server by applying the court recognized rational of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The modification would have the benefit of initiating recording of audio and video as suggested by Bader-Natal.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu et al. (US 2013/0300818 A1) in view of Balko (US 2016/0117159 A1) in view of Jones et al. (US 2013/0198654 A1).
Regarding claim 13, Fu and Balko disclose the method of claim 11 but do not explicitly disclose wherein the method further comprises, before transmitting the audio and video data packet to the target live-streaming server:
initiating an expanded communication request to the target live-streaming server, to cause the target live-streaming server to establish the target network connection with the browser after a preset field carried in the expanded communication connection request has been verified.
Jones discloses that it was known to expand a communication request for a conference participant including confirming the identity of a possible conference participant before connecting the computing device associated with the participant (See [0021]).
Prior to the effective filing date of the invention it would have been obvious to one of ordinary skill in the art to modify the combination with the known methods of Jones predictably resulting in initiating an expanded communication request to the target live-streaming server, to cause the target live-streaming server to establish the target network connection with the browser after a preset field carried in the expanded communication connection request has been verified by applying the court recognized rational of applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The modification would have the benefit of confirming participants for video conferencing as suggested by Jones.
Allowable Subject Matter
Claim 12 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.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to disclose or fairly suggest, alone or in combination, all of the features of dependent claim 12.
Conclusion
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FERNANDO . ALCON
Examiner
Art Unit 2425
/FERNANDO ALCON/Primary Examiner, Art Unit 2425