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 .
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.
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.
Claims 1-3 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Xu U.S. Patent Application publication 2023/0337065 in view of Zhang et al. U.S. Patent Application publication 2022/0322111.
Claims 1 and 12,
XU discloses
A method of communicating AI (Artificial Intelligence) data from an electronic apparatus to an external electronic apparatus (fig. 1), the method comprising:
generating AI metadata description for the AI data based on AI model information(fig. 6, S601- discloses a session establishment request with an AI parameter, para 0103- AI parameter is an AI domain and AI model ), wherein the AI metadata description comprises at least one or more predefined parameters (para 0103);
sending a request comprising the AI metadata description to the external electronic apparatus for establishing a session between the electronic apparatus and the external electronic apparatus (fig. 6, para 0128-0134- request is sent from a terminal device to an Application server);
establishing the session between the electronic apparatus and the external electronic apparatus based on a response being received from the external electronic apparatus according to the request (Fig. 6, item S606); and
sending the AI data associated with the AI metadata description, to the external electronic apparatus based on the established session (fig 6, User plane session).
Xu discloses at least one processor; and a memory communicatively coupled to the at least processor, wherein the memory stores instructions (para 0287-0290).
Although XU discloses substantial limitations of the invention, it fails to disclose
generating one or more protocol instances associated with the AI data for an application executed on the electronic apparatus.
In an analogous art, Zhang discloses
generating one or more protocol instances associated with the AI data for an application executed on the electronic apparatus.(para 0007- the first access network device sends the AI parameter to a terminal device. The AI parameter is used to indicate AI data that needs to be obtained and an AI data obtaining manner. Then, the first access network device receives the AI data from the terminal device.
Para 0137- an AI parameter is generated based on a specific AI requirement and includes an AI data obtaining (collection and/or training) manner, an AI algorithm model and a training parameter of the AI algorithm model, an AI data reporting occasion (periodic reporting, reporting triggered by a network event, or reporting when a reporting request is received), a type (a training result and/or a collected training sample) of the AI data and a quantity of AI data, identification information of a terminal device that executes a training or data collection task, and the like. )
One of ordinary skill in the art before the effective filing date of the invention find it obvious to combine the protocol parameter of Zhang with the XU system to produce the predictable result of exchanging protocol requirements to establish an AI communication session.
Claims 2 and 13,
wherein the one or more protocol instances comprises at least one of an AI type (Zhang para 0137- AI model), a content type, a response data type, a transport protocol, or a predefined range of AI model layers executed by an AI model associated with the application.
Same motivation as claim 1.
Claims 3 and 14,
The method as claimed in claim 1, wherein the one or more predefined parameters comprise at least one of AI (Tensor) dimension, AI shape, AI quantized, AI framework, AI model (XU para 0103), AI codec, AI compression, or AI response port.
Claims 6–8 are rejected under 35 U.S.C. 103 as being unpatentable over Xu U.S. Patent Application publication 2023/0337065 in view of Zhang et al. U.S. Patent Application publication 2022/0322111 in view of Zhao et al. U.S. Patent Application publication 2022/0377115.
Claim 6,
Although XU/Zhang discloses substantial limitations of the invention, they fail to disclose
The method as claimed in claim 1, wherein the response comprises at least one negotiated parameter for the AI metadata description, based on capabilities associated with the external electronic apparatus.
In an analogous art, Zhao discloses
The method as claimed in claim 1, wherein the response comprises at least one negotiated parameter for the AI metadata description, based on capabilities associated with the external electronic apparatus. (para 0048- disclose sending a response with a set of capabilities)
One of ordinary skill in the art before the effective filing date of the invention find it obvious to combine the negotiation process of Zhao with the XU/Zhang system to produce the predictable result of determining common session parameters to establish effective communication.
Claim 7,
The method as claimed in claim 6, wherein the at least one negotiated parameter is indicative of at least one compatible parameter or incompatible parameter, from the one or more protocol instances and the one or more predefined parameters. (Zhao para 0048- a description of each UAC's media capabilities)
Claim 8,
The method as claimed in claim 7, wherein the at least one negotiated parameter is transmitted based on predefined session protocols.(Zhao para 0048- SDP)
Claims 9–11 are rejected under 35 U.S.C. 103 as being unpatentable over Xu U.S. Patent Application publication 2023/0337065 in view of Zhang et al. U.S. Patent Application publication 2022/0322111 in view of Liu et al. U.S. Patent Application publication 2022/0361262 in view of Vass et al. U.S. Patent Application publication 2020/0204527.
Claim 9,
Although XU/Zhang discloses substantial limitations of the invention, they fail to disclose
The method as claimed in claim 1, wherein establishing the session comprises assigning at least one unique header parameter comprising stream identifier, sequence number, timestamp, AI data payload, size of AI data and AI data processor, for the electronic apparatus to communicate the AI data.
In an analogous art, Liu discloses
The method as claimed in claim 1, wherein establishing the session comprises assigning at least one unique header parameter comprising (para 0045-exchanging session parameters within the header), sequence number, AI data payload and AI data processor, for the electronic apparatus to communicate the AI data. (para 0045- The payload type- is mapped to AI data payload, Object ID (AI session) is mapped to AI data processor, The structure of a GTP-U packet header includes sequence number)
One of ordinary skill in the art before the effective filing date of the invention would find it obvious to combine the headers of Liu with the XU/Zhang system to produce the predictable result of exchanging AI session parameters via packet headers to establish a stream of AI data.
Although XU/Zhang/Liu discloses substantial limitations of the invention, they fail to disclose
header parameter comprising stream identifier, , timestamp, , size of AI data
In an analogous art, Vass discloses
header parameter comprising stream identifier, timestamp, , size of AI data (para 0436- common header portion of a packet, media packets include a variable number of pocket headers (up to 32 pockets per packet). Pocket headers are also unencrypted, but carry no sensitive information. A typical pocket header contains:
Stream timestamp—used to reconstruct timing for playout. Timestamps are unsigned 32-bit integer values that represent ticks relative to the session clock. Currently the session clock is set to 48000 ticks per second. Modulo arithmetic is used to compare timestamps to account for wraps across the 32-bit boundary.
Stream ID—unique ID within the session that identifies the stream. [0439] Sequence number—monotonically increasing and contiguous sequence of unsigned integers. They are 16 bits in size, but expanded to 32 bits by receivers, which track the number of wraps across the 16-bit boundary.
Pocket payload size—each pocket can have a variable sized payload.
Various bit flags—media type, priority, keyframe, etc.)
One of ordinary skill in the art before the effective filing date of the invention would find it obvious to combine the headers of Vass with the XU/Zhang/Liu system to produce the predictable result of communicating timing and size parameters for a communication session via packet headers.
Claim 10,
The method as claimed in claim 9, wherein the at least one unique header parameter is used for sending the AI data associated with the application, to the external electronic apparatus (Liu para 0045-AI session ID).
Claim 11,
The method as claimed in claim 1, wherein the AI metadata description and the AI data is negotiated and transmitted, respectively, between the electronic apparatus and the external electronic apparatus using AI header parameters.( Liu para 0044–0050- discloses exchanging session parameters in a packet headers)
Allowable Subject Matter
Claims 4-5 and 15 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M COUSINS whose telephone number is (571)270-7746. The examiner can normally be reached 9:00am -5:00pm EST.
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, Tonia Dollinger can be reached at (571) 272-4170. 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.
/JMC/Examiner, Art Unit 2459 /TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459
Prosecution Insights