DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is sent in response to Applicant’s Communication received 10/3/2024 for application number 18/906,139. The Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and claims.
Claims 1 – 18 are presented for examination.
Title
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The examiner believes that the title of the invention is imprecise. A descriptive title indicative of the invention will help in proper indexing, classifying, searching, etc. See MPEP 606.01. However, the title of the invention should be limited to 500 characters.
Drawings
Examiner contends that the drawings filed 10/3/2024 are acceptable for examination proceedings.
Claim Rejections - 35 USC § 102
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) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsiung PGPUB 2022/0226736.
As per claim 1, Hsiung teaches an electronic device [FIG. 2 user device 202], comprising:
a processor [FIG. 2 processors 222], arranged to execute:
an application [0045 or 0041: (cloud gaming application may be implemented by executable instructions 226)], configured to execute operations of:
providing at least one acceptable quality of at least one profile parameter [0034-0035: (user parameters include a variety of user information, including minimal acceptable quality, minimum acceptable resolution, price, performance, graphics, speed)]; and
providing at least one priority of the at least one profile parameter [0035: (user rankings may be provided for specific games; for example, user may indicate that speed is the lowest priority)];
a platform [FIG. 2: (interface connection to virtual machine of virtual servers)], configured to execute an operation of:
providing platform information in response to a demand request [0039, 0047, and 0061: (user device may use APIs to communicate server parameters (platform information) in response to a change in usage such as switching to a different game or changing a parameter (demand request))]; and
a middleware [FIG. 2 crawler 210], configured to execute operations of:
receiving the at least one acceptable quality from the application [0054 and 0047: (crawler may monitor user parameters)];
receiving the at least one priority from the application [0039, 0054, and 0047: (crawler may monitor user parameters which include the ranking of parameters based on importance to the user)];
receiving the platform information from the platform [0047 and 0054: (receive virtual server parameters)];
performing a self-adaptive algorithm according to the platform information to generate a result [0054 and 0056-0057: (performing comparison of the user parameters and the server parameters)];
adjusting the at least one profile parameter according to the result, the at least one acceptable quality and the at least one priority [0039 and 0062: (changing connection of virtual servers according to the comparison, which results in a change of user parameters since the servers have different supported properties such as rendering rate of 50 frames per second)]; and
transmitting an adjustment notification to the platform, after adjusting the at least one profile parameter [0064-0065: (sends saved game state to the new virtual server as a result of the change)].
As per claim 2, Hsuing teach the electronic device of claim 1, wherein the at least one profile parameter comprises at least one of a frame rate [0035 and 0039: (bit/frame rate)], a physics simulation update rate, an animation simulation update rate, a post-processing effects switch, a level of detail (LOD), a LOD switch distance, a resolution [0035: (size or resolution of display)], a camera view distance, an anti-aliasing algorithms sample count, a shadow view distance and a particle simulation update rate.
As per claim 3, Hsuing teach the electronic device of claim 1, wherein the platform information comprises at least one system index associated with at least one performance of the electronic device [0039, 0047, and 0061: (server parameters include latency, memory available, and number of computing resources, which affect performance)].
As per claim 4, Hsuing teach the electronic device of claim 3, wherein the at least one performance comprises at least one of a frame rate, a hardware loading [0039: (latency)], a skin temperature, a thermal condition, a power consumption and a battery consumption.
As per claim 5, Hsuing teach the electronic device of claim 1, wherein the middleware transmits the demand request to the platform [0047, and 0061: (crawler monitors user parameters and changes in demand or new demand request results in communication with interface connection to connect to virtual servers)].
As per claim 6, Hsuing teach the electronic device of claim 1, wherein the operation of performing the self-adaptive algorithm according to the platform information comprises: calculating at least one average value associated with the at least one performance according to the platform information [0035 and 0039]; and determining whether the at least one average value satisfies at least one condition, respectively, to generate the result [0035 and 0039].
As per claim 7, Hsuing teach the electronic device of claim 1, wherein the application further provides adjustable levels of the at least one profile parameter, and the middleware further receives the adjustable levels from the application [0066: (repeat)].
As per claim 8, Hsuing teach the electronic device of claim 7, wherein the middleware adjusts the at least one profile parameter according to the adjustable levels, the result, the at least one acceptable quality and the at least one priority [0039 and 0062: (changing connection of virtual servers according to the comparison, which results in a change of user parameters since the servers have different supported properties such as rendering rate of 50 frames per second)].
As per claim 9, Colenbrander teaches the electronic device of claim 1, wherein the middleware is an application level library [0017: crawler] or a game engine.
Claim 10 is similar in scope to claim 1 as addressed above and is thus rejected under the same rationale.
Claim 11 is similar in scope to claim 2 as addressed above and is thus rejected under the same rationale.
Claim 12 is similar in scope to claim 3 as addressed above and is thus rejected under the same rationale.
Claim 13 is similar in scope to claim 4 as addressed above and is thus rejected under the same rationale.
Claim 14 is similar in scope to claim 5 as addressed above and is thus rejected under the same rationale.
Claim 15 is similar in scope to claim 6 as addressed above and is thus rejected under the same rationale.
Claim 16 is similar in scope to claim 7 as addressed above and is thus rejected under the same rationale.
Claim 17 is similar in scope to claim 8 as addressed above and is thus rejected under the same rationale.
Claim 18 is similar in scope to claim 9 as addressed above and is thus rejected under the same rationale.
Claim(s) 1-5, 7-14, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Colenbrander PGPUB 2021/0146240.
As per claim 1, Colenbrander teaches an electronic device [FIG. 1 streaming server computer 108], comprising:
a processor [0136 and FIG. 1 streaming server computer 108: (processor; computers have processor)], arranged to execute:
an application [FIG. 1 video game 104; and 0044: (video game 104 can be implemented on same device as streaming logic 110 in the computer 108)], configured to execute operations of:
providing at least one acceptable quality of at least one profile parameter [0077 and 0091: (user indicated relative preference levels, and the settings may be provided in a configuration file)]; and
providing at least one priority of the at least one profile parameter [0091: (video game provides a configuration profile priority for certain settings, such as a priority for frame rate)];
a platform [0039 and FIG. 2: stream monitor 114], configured to execute an operation of:
providing platform information [0035, 0039-0041: (feedback loop to monitor the quality of streaming to the client device, including packet loss, acknowledgements, network latency, ping times, and quality of data transmission)] in response to a demand request [0096: (scene change (demand request); thus stream monitor 114 provides information from monitoring the connection to client device 124 even in response to a scene change)]; and
a middleware [0042 and FIG. 1: (streaming logic 110 communicates through API with video game, and thus streaming logic has middleware) and 0107-0110: (distributed game engine)], configured to execute operations of:
receiving the at least one acceptable quality from the application [0077 and 0091: (configuration file is provided from video game to streaming logic which contain user preference levels presets)];
receiving the at least one priority from the application [0091: (configuration file is provided from video game to streaming logic which contain priority for certain settings)];
receiving the platform information from the platform [0039: (receives information about quality of transmission between streaming logic and client device)];
performing a self-adaptive algorithm according to the platform information to generate a result [0041, 0077, 0088, 0092: (decides when to invoke adjustments by video games based on the connection quality with client)];
adjusting the at least one profile parameter according to the result, the at least one acceptable quality and the at least one priority [0037, 0041-0042, 0051, 0069, claim 5: (adjust some aspect of the video game’s execution such as its video/audio rendering to compensate for changing network conditions, such as frame rate)]; and
transmitting an adjustment notification to the platform, after adjusting the at least one profile parameter [0050: (signaling further monitoring of stream quality after and adjustment to determine if additional adjustments are needed; thus stream monitor 114 receives a signals (adjustment notification) after adjusting the parameters on the video game)].
As per claim 2, Colenbrander teach the electronic device of claim 1, wherein the at least one profile parameter comprises at least one of a frame rate [0037, 0041-0042, 0051, 0069, 0091, claim 5: frame rate is adjusted and a priority rating is given for frame rate)], a physics simulation update rate, an animation simulation update rate, a post-processing effects switch, a level of detail (LOD), a LOD switch distance, a resolution, a camera view distance, an anti-aliasing algorithms sample count, a shadow view distance and a particle simulation update rate.
As per claim 3, Colenbrander teach the electronic device of claim 1, wherein the platform information comprises at least one system index associated with at least one performance of the electronic device [0035, and 0039-0041: (connection quality (system index) is an indication of performance because poor connection cannot lead to high performance)].
As per claim 4, Colenbrander teach the electronic device of claim 3, wherein the at least one performance comprises at least one of a frame rate [0039: (packet losses, which means missed frames, which impact frame rate)], a hardware loading [0039: (network latency or network bandwidth)], a skin temperature, a thermal condition, a power consumption and a battery consumption.
As per claim 5, Colenbrander teach the electronic device of claim 1, wherein the middleware transmits the demand request to the platform [0035, 0040-0041, and 0069: (platform receives scene change information)].
As per claim 7, Colenbrander teach the electronic device of claim 1, wherein the application further provides adjustable levels of the at least one profile parameter, and the middleware further receives the adjustable levels from the application [0050: (further monitoring and adjustment)].
As per claim 8, Colenbrander teach the electronic device of claim 7, wherein the middleware adjusts the at least one profile parameter according to the adjustable levels, the result, the at least one acceptable quality and the at least one priority [(0037, 0041-0042, 0051, 0069, claim 5: (streaming logic adjust some aspect of the video game’s execution such as its video/audio rendering to compensate for changing network conditions, such as frame rate)].
As per claim 9, Colenbrander teaches the electronic device of claim 1, wherein the middleware is an application level library or a game engine [0091: (game engine of the streaming server)].
Claim 10 is similar in scope to claim 1 as addressed above and is thus rejected under the same rationale.
Claim 11 is similar in scope to claim 2 as addressed above and is thus rejected under the same rationale.
Claim 12 is similar in scope to claim 3 as addressed above and is thus rejected under the same rationale.
Claim 13 is similar in scope to claim 4 as addressed above and is thus rejected under the same rationale.
Claim 14 is similar in scope to claim 5 as addressed above and is thus rejected under the same rationale.
Claim 16 is similar in scope to claim 7 as addressed above and is thus rejected under the same rationale.
Claim 17 is similar in scope to claim 8 as addressed above and is thus rejected under the same rationale.
Claim 18 is similar in scope to claim 9 as addressed above and is thus rejected under the same rationale.
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.
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colenbrander PGPUB 2021/0146240, and further in view of Ramadoss et al. (hereinafter as Ramadoss) PGPUB 2014/0204101.
As per claim 6, Colenbrander teach the electronic device of claim 1.
Colenbrander does not teach wherein the operation of performing the self-adaptive algorithm according to the platform information comprises: calculating at least one average value associated with the at least one performance according to the platform information; and determining whether the at least one average value satisfies at least one condition, respectively, to generate the result.
Ramadoss teaches adaptive frame rate control for graphics system in a game system. Ramadoss is thus similar to Colenbrander because they teach frame rate control in a gaming system. Ramadoss further teaches calculating at least one average value associated with the at least one performance according to the platform information [0011 and 0029: (determine an average frame rate)]; and determining whether the at least one average value satisfies at least one condition, respectively, to generate the result [0029: (compare average frame rate to target frame (condition) and may adjust performance based on the comparison)]. Ramadoss thus teaches determining an average value associated with a parameter and comparing it to a condition when determining whether to perform an adjustment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use Ramadoss’ teachings of determining average frame rate and comparing it to a condition before making the adjustment in Colenbrander. One of ordinary skill in the art would have been motivated to do so in Colenbrander because it would allow for adjusting average frame rate to deliver great consistency instead of rapid changes to the frame rate (which prevents choppy or out of sync video or audio), thus allowing other high priority elements such as resolution to be changed.
Claim 15 is similar in scope to claim 6 as addressed above and is thus rejected under the same rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is reminded that in amending in response to a rejection of claims, the patentable novelty must be clearly shown in view of the state of the art disclosed by the references cited and the objections made. Applicant must also show how the amendments avoid such references and objections. See 37 CFR §1.111(c).
Lin et al. (PGPUB 2024/0385674) teaches adjusting parameters based on whether a graphics scene prioritize a parameter as indicated according to whitelist.
He et al. (PGPUB 2022/0347583) teaches engines, minimum acceptable quality parameters, and determining priority of recommended settings.
Jeong et al. (PGPUB 2023/0109358) teaches memory storing priority of settings for image processing, receiving content from the server which includes scene information, and rendering video according to the priority.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANNY CHAN whose telephone number is (571)270-5134. The examiner can normally be reached Monday - Friday 10-7 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, Andrew J. Jung can be reached at 5712703779. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANNY CHAN/Primary Examiner, Art Unit 2175
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