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 .
Status of Claims
Claims 1,3-11 and 13-14 are pending in this Office Action.
Response to Arguments
Applicant's arguments filed in the amendment on 04/14/2026, have been fully considered but they are not persuasive. The reasons are set forth below.
Drawings
The formal drawings received on 04/14/2026have been entered.
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.
Claim(s) 1, 3-5, 7-11, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Major (US 20120265856) in view of Eluvan (US 20200195995).
1, 11, 13. Major teaches:
A method comprising: delivering a stream of segments of a content from a server by at least one agent to a plurality of terminals, the delivering comprising: – in paragraphs [0007]-[0060] (FIG. 1 also includes a cache server 14 interface with the endpoints 12a-c via an access network 20. Cache server 14 can also interface with origin servers 16, 18, 26 via a backbone network 22. Cache server 14 can be a dedicated network server, which can serve many origin servers, or other network elements that provide some content sought by endpoints 12a-c. A given endpoint could be systematically obtaining chunks of video data from a cache in contrast to receiving information directly from the point of origin. Cache server 14 includes a copy of the video file to be streamed to a requesting endpoint. Cache server 14 can store the most frequently requested video chunks (e.g., the popular content) at the preferred bit rates.)
at different moments during receipt of said content: – in paragraphs [0007]-[0060] (Initially, the video session may be established between a given endpoint and cache server 14. Once established, a streaming video transfer can occur between these two elements. When cache server 14 receives this request, it analyzes the current criteria affecting the file transfer. At 115, a decision is made whether a new rate would be beneficial for this particular endpoint.)
verifying a load criterion of said agent; and – in paragraphs [0007]-[0060] (Cache server 14 can understand its own inherent utilization, where it may already be taxed with a high utilization. The current cache status can be evaluated in order to ascertain utilization (e.g., load, CPU characteristics), the number of requests currently being serviced, the expected future traffic, etc. This includes the current conditions and/or capabilities of cache server 14. Cache server 14 is configured to send appropriate information about current load conditions for cache server 14. Cache server 14 can be a dedicated network server, which can serve many origin servers, or other network elements that provide some content sought by endpoints 12a-c. The network criteria in this example implementation include upstream hits 40a, current cache status 40b, upstream bandwidth 40c, and load conditions 40d.)
adapting, as a function of said verification, delivery of the content segments to the terminals, – in paragraphs [0007]-[0060] (At 110, cache server 14 evaluates various network conditions (e.g., criteria such as upstream hit information, current cache status information, upstream bandwidth information, load conditions, etc.) that can be used to form rate hint data for the endpoints. When a new bit rate is initiated, rate hint data can be sent from cache server 14 to the particular endpoint at 120. At 130, a determination is made whether a new stream should be communicated to the endpoint. The new bit rate would be reliably supported by cache server 14, as previously determined by suitably monitoring the appropriate criteria.)
Major does not explicitly teach:
wherein the content comes from the server in a multi-resolution transmission mode in response to a request specifying a maximum resolution, wherein said adapting comprises determining a new maximum resolution for transmission of a next request to said server by said agent.
However, Eluvan teaches:
wherein the content comes from the server in a multi-resolution transmission mode in response to a request specifying a maximum resolution, – in paragraphs [0011]-[0050] (A client device (e.g., client media receiver 24 shown in FIG. 1), or multiple client devices engaged in a multiclient streaming session with server 22, will typically request streaming content at a maximum quality level (resolution and framerate) and therefore at a maximum bitrate. Streaming media server 22 may thus safely accommodate such requests in instances in which the load place don processor 44 is relatively lower.)
wherein said adapting comprises determining a new maximum resolution for transmission of a next request to said server by said agent. – in paragraphs [0011]-[0050] (If the current running average of the processor load (LOAD.sub.AVG) exceeds the critical processor load limit (LOAD.sub.MAX), processor 44 progresses to STEP 76 and decreases the value of the final bitrate (ABR.sub.FINAL) to reduce the undesirably high processor load.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Major with Eluvan to include wherein the content comes from the server in a multi-resolution transmission mode in response to a request specifying a maximum resolution, wherein said adapting comprises determining a new maximum resolution for transmission of a next request to said server by said agent, as taught by Eluvan, in paragraphs [0001]-[0021], to provide a technique capable of optimizing streaming bitrate of video-containing media content in a more efficient manner, while decreasing the likelihood of undesirably high transient processor loads and other conditions reducing the stability of streaming video sessions.
3. The method according to claim 1, – refer to the indicated claim for reference(s).
Eluvan teaches:
wherein the receipt of the content transmitted in multi-resolution mode with the new maximum resolution is followed by a modification of the delivery of the content segments to the terminals taking into account the new maximum resolution. – in paragraphs [0011]-[0050] (A client device (e.g., client media receiver 24 shown in FIG. 1), or multiple client devices engaged in a multiclient streaming session with server 22, will typically request streaming content at a maximum quality level (resolution and framerate) and therefore at a maximum bitrate. Streaming media server 22 may thus safely accommodate such requests in instances in which the load place don processor 44 is relatively lower. If the current running average of the processor load (LOAD.sub.AVG) exceeds the critical processor load limit (LOAD.sub.MAX), processor 44 progresses to STEP 76 and decreases the value of the final bitrate (ABR.sub.FINAL) to reduce the undesirably high processor load.)
4. The method according to claim 1, – refer to the indicated claim for reference(s).
Major teaches:
wherein the adapting comprises establishing a connection of at least one terminal of said plurality to said server in order to directly receive said content segments. – in paragraphs [0007]-[0060] (In the context of adaptive bit rate streaming, in common scenarios, appropriate bit rate selections can be executed by endpoints 12a-c, which simply request appropriate data streams from origin servers 16, 18, 26 directly.)
5. The method according to claim 4, – refer to the indicated claim for reference(s).
Major teaches:
wherein said establishing a connection comprises transmitting to said at least one terminal a message adapted to trigger a request from said at least one terminal to said server in order to receive said content segments. – in paragraphs [0007]-[0060] (In the context of adaptive bit rate streaming, in common scenarios, appropriate bit rate selections can be executed by endpoints 12a-c, which simply request appropriate data streams from origin servers 16, 18, 26 directly.)
7. The method according to claim 1, – refer to the indicated claim for reference(s).
Eluvan teaches:
wherein said load criterion comprises a comparison with a given threshold of a measurement of activity of a processor of said agent and/or a measurement of filling of a memory of said agent. – in paragraphs [0011]-[0050] (Advancing to STEP 74 of processor load-responsive ABR selection method 66, processor 44 of streaming media server 22 next compares the current running average of the processor load (LOAD.sub.AVG) to the predetermined critical processor load limit (LOAD.sub.MAX) recalled from memory 42. If the current running average of the processor load (LOAD.sub.AVG) exceeds the critical processor load limit (LOAD.sub.MAX), processor 44 progresses to STEP 76 and decreases the value of the final bitrate (ABR.sub.FINAL) to reduce the undesirably high processor load.)
8. The method according to claim 1, – refer to the indicated claim for reference(s).
Major teaches:
wherein said load criterion depends on a number of streams received by said agent and/or a number of resolutions and/or a number of terminals of said plurality. – in paragraphs [0007]-[0060] (Cache server 14 can understand its own inherent utilization, where it may already be taxed with a high utilization. The current cache status can be evaluated in order to ascertain utilization (e.g., load, CPU characteristics), the number of requests currently being serviced, the expected future traffic, etc. This includes the current conditions and/or capabilities of cache server 14. Cache server 14 is configured to send appropriate information about current load conditions for cache server 14.)
9. The method according to claim 1, – refer to the indicated claim for reference(s).
Major teaches:
wherein said multi-resolution transmission mode is a multicast adaptive bitrate, multicast adaptive bitrate (m-ABR), transmission mode. – in paragraphs [0007]-[0060] (The adaptive bit rate features discussed herein can readily be extended to include modifying the manifest file to indicate which resolutions are locally cached, as well as which resolutions are available via multicast.)
10. The method according to claim 1, – refer to the indicated claim for reference(s).
Major teaches:
wherein said agent is embedded in a gateway. – in paragraphs [0007]-[0060] (Cache server 14 can be a dedicated network server, which can serve many origin servers, or other network elements that provide some content sought by endpoints 12a-c. The network criteria in this example implementation include upstream hits 40a, current cache status 40b, upstream bandwidth 40c, and load conditions 40d.)
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Major (US 20120265856) in view of Eluvan (US 20200195995), and further in view of Lyle (US 20150016283).
6. The method according to claim 1, – refer to the indicated claim for reference(s).
Combination of Major and Eluvan does not explicitly teach:
wherein said adapting is triggered only if a number of terminals among said plurality is smaller than a given threshold.
However, Lyle teaches:
wherein said adapting is triggered only if a number of terminals among said plurality is smaller than a given threshold. – in paragraphs [0043] (Quality of service process 10 may determine 102 that the plurality of electronic meetings are consuming a significant amount of system resources, such that a performance attribute (e.g., degree of CPU utilization and/or degree of memory utilization) of server computer 12 exceeds threshold, such that a potential decrease in quality of service for one or more of the electronic meetings may potentially result, and/or is actually being experience. Accordingly, quality of service process 10 may adjust 104 a characteristic of a communication activity of at least one of the electronic meetings. For example, quality of service process 10 may adjust 104 a characteristic of a communication activity including decreasing a video frame rate, video size, and/or video resolution of at least one of the electronic meetings. Decreasing the video frame rate, video size, and/or video resolution associated with at least one of the electronic meetings may result in more CPU capacity, more memory capacity, or the like, of server computer 12.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Major and Eluvan with Lyle to include wherein said adapting is triggered only if a number of terminals among said plurality is smaller than a given threshold, as taught by Lyle, in paragraphs [0001]-[0018], to provide a technique for managing quality of service for electronic communication sessions.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Major (US 20120265856) in view of Eluvan (US 20200195995), and further in view of Panagos (US 20220256213).
14. The method according to claim 1, – refer to the indicated claim for reference(s).
Combination of Major and Eluvan does not explicitly teach:
wherein said load criterion comprises a number of terminals connected to the agent to receive segments.
However, Panagos teaches:
wherein said load criterion comprises a number of terminals connected to the agent to receive segments. – in paragraphs [0041]-[0044], [0073], [0092] (Server load may be based on the concurrent number of client devices connected to the server and from which the server receives requests.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Major and Eluvan with Panagos to include wherein said load criterion comprises a number of terminals connected to the agent to receive segments, as taught by Panagos, in paragraphs [0001]-[0023], to regulate the bitrates of video streams that the server provides to requesting client devices.
REMARKS
Applicant has presented amendments to the claims. The examiner maintains the rejections, see remarks below.
Argument 1: The applicant argues that the art cited on the record does not disclose the independent claims.
In response, the examiner respectfully submits:
Major teaches delivering a stream of segments of a content from a server by at least one agent to a plurality of terminals, the delivering comprising: – in paragraphs [0007]-[0060] (FIG. 1 also includes a cache server 14 interface with the endpoints 12a-c via an access network 20. Cache server 14 can also interface with origin servers 16, 18, 26 via a backbone network 22. Cache server 14 can be a dedicated network server, which can serve many origin servers, or other network elements that provide some content sought by endpoints 12a-c. A given endpoint could be systematically obtaining chunks of video data from a cache in contrast to receiving information directly from the point of origin. Cache server 14 includes a copy of the video file to be streamed to a requesting endpoint. Cache server 14 can store the most frequently requested video chunks (e.g., the popular content) at the preferred bit rates.)
Major teaches at different moments during receipt of said content: – in paragraphs [0007]-[0060] (Initially, the video session may be established between a given endpoint and cache server 14. Once established, a streaming video transfer can occur between these two elements. When cache server 14 receives this request, it analyzes the current criteria affecting the file transfer. At 115, a decision is made whether a new rate would be beneficial for this particular endpoint.)
Major teaches verifying a load criterion of said agent; and – in paragraphs [0007]-[0060] (Cache server 14 can understand its own inherent utilization, where it may already be taxed with a high utilization. The current cache status can be evaluated in order to ascertain utilization (e.g., load, CPU characteristics), the number of requests currently being serviced, the expected future traffic, etc. This includes the current conditions and/or capabilities of cache server 14. Cache server 14 is configured to send appropriate information about current load conditions for cache server 14. Cache server 14 can be a dedicated network server, which can serve many origin servers, or other network elements that provide some content sought by endpoints 12a-c. The network criteria in this example implementation include upstream hits 40a, current cache status 40b, upstream bandwidth 40c, and load conditions 40d.)
Major teaches adapting, as a function of said verification, delivery of the content segments to the terminals, – in paragraphs [0007]-[0060] (At 110, cache server 14 evaluates various network conditions (e.g., criteria such as upstream hit information, current cache status information, upstream bandwidth information, load conditions, etc.) that can be used to form rate hint data for the endpoints. When a new bit rate is initiated, rate hint data can be sent from cache server 14 to the particular endpoint at 120. At 130, a determination is made whether a new stream should be communicated to the endpoint. The new bit rate would be reliably supported by cache server 14, as previously determined by suitably monitoring the appropriate criteria.)
Major does not explicitly teach wherein the content comes from the server in a multi-resolution transmission mode in response to a request specifying a maximum resolution, wherein said adapting comprises determining a new maximum resolution for transmission of a next request to said server by said agent.
However, Eluvan teaches wherein the content comes from the server in a multi-resolution transmission mode in response to a request specifying a maximum resolution, – in paragraphs [0011]-[0050] (A client device (e.g., client media receiver 24 shown in FIG. 1), or multiple client devices engaged in a multiclient streaming session with server 22, will typically request streaming content at a maximum quality level (resolution and framerate) and therefore at a maximum bitrate. Streaming media server 22 may thus safely accommodate such requests in instances in which the load place don processor 44 is relatively lower.)
Eluvan teaches wherein said adapting comprises determining a new maximum resolution for transmission of a next request to said server by said agent. – in paragraphs [0011]-[0050] (If the current running average of the processor load (LOAD.sub.AVG) exceeds the critical processor load limit (LOAD.sub.MAX), processor 44 progresses to STEP 76 and decreases the value of the final bitrate (ABR.sub.FINAL) to reduce the undesirably high processor load.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Major with Eluvan to include wherein the content comes from the server in a multi-resolution transmission mode in response to a request specifying a maximum resolution, wherein said adapting comprises determining a new maximum resolution for transmission of a next request to said server by said agent, as taught by Eluvan, in paragraphs [0001]-[0021], to provide a technique capable of optimizing streaming bitrate of video-containing media content in a more efficient manner, while decreasing the likelihood of undesirably high transient processor loads and other conditions reducing the stability of streaming video sessions.
Argument 6: The applicant argues that the art cited on the record does not disclose claim 6.
In response, the examiner respectfully submits:
However, Lyle teaches wherein said adapting is triggered only if a number of terminals among said plurality is smaller than a given threshold. – in paragraphs [0043] (Quality of service process 10 may determine 102 that the plurality of electronic meetings are consuming a significant amount of system resources, such that a performance attribute (e.g., degree of CPU utilization and/or degree of memory utilization) of server computer 12 exceeds threshold, such that a potential decrease in quality of service for one or more of the electronic meetings may potentially result, and/or is actually being experience. Accordingly, quality of service process 10 may adjust 104 a characteristic of a communication activity of at least one of the electronic meetings. For example, quality of service process 10 may adjust 104 a characteristic of a communication activity including decreasing a video frame rate, video size, and/or video resolution of at least one of the electronic meetings. Decreasing the video frame rate, video size, and/or video resolution associated with at least one of the electronic meetings may result in more CPU capacity, more memory capacity, or the like, of server computer 12.)
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Major and Eluvan with Lyle to include wherein said adapting is triggered only if a number of terminals among said plurality is smaller than a given threshold, as taught by Lyle, in paragraphs [0001]-[0018], to provide a technique for managing quality of service for electronic communication sessions.
Conclusion
THIS ACTION IS MADE FINAL. 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 MUHAMMAD RAZA whose telephone number is (571)272-7734. The examiner can normally be reached Monday-Friday, 7:00 A.M.-5:00 P.M..
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, Vivek Srivastava can be reached at (571)272-7304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUHAMMAD RAZA/Primary Examiner, Art Unit 2449
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