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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after a final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on June 8, 2026, has been entered.
Response to Arguments
Applicants’ arguments and amendments received on June 8, 2026, have been fully considered.
Applicants’ arguments, as set forth in the Remarks on pages 6-9, filed on June 8, 2026, with respect to the Double Patenting rejection being held in abeyance is acknowledge. However, applicant’s arguments with regards to 35 USC 103 rejections have been considered and are non-persuasive.
Point A
Applicant arguments that Kim reference describes techniques for providing a graphical user interface for a user to control the process of constructing and/or browsing video content. See Kim at Abstract. In Kim, the graphical user interface includes a tree view of a video, a list view of a current segment, a visual rhythm and a hierarchical status bar. See id. In Kim, the visual rhythm is a representation of the input video (stream or file) on which the visual rhythm will operate, (e.g., an ASF, MPEG-1, MPEG-2, etc.). See id. at [0136]. Each vertical line of the visual rhythm consists of pixels that are sampled from a corresponding video frame according to a predetermined sampling rule. See id. Figure 8 shows a visual rhythm 850 juxtaposed with and displayed in parallel with audio waveform 860. See id. at [0141]. In order to synchronize the audio waveform 860 with the visual rhythm 850, the time scales of both visual objects should be uniform. See id. at [0142]. For example, a number of vertical lines of the visual rhythm per a unit time interval can be made equal to the maximum frame rate of encoded video. See id. The number of vertical lines of the visual rhythm is made uniform by adding extra vertical lines into a sparse time interval of the visual rhythm or by dropping selected lines from a densely populated time interval of the visual rhythm. See id. Kim discloses that the visual rhythm and the list of key frames allow the user to scrutinize the shot boundaries of the entire video content without playing the video content. See id. at [0174]. The visual rhythm also allows the user to have a visual overview or summary of the whole video content having a gross (coarse) or conceptual view of high-level segments. See id.
As to Point A:
Applicant’s argument is not persuasive. The rejection of claim 1 under 35 U.S.C. § 103 does not rely on Kim alone to teach “streaming the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale.” Kim is cited in order to teach that variable frame rate video may produce temporal distortion and that a uniform time basis is desirable for processing such content, including by adjusting the visual rhythm to a uniform time scale, [see Kim, paras. 0135-0142]. Even though Kim’s specification discloses a visual rhythm as part of a graphical user interface it does not prevent its use in the combination merely because the visual rhythm is presented in a separate display artifact. Kim understands and recognizes the underlying timing problems associated with variable frame rate content and the need for more uniform timing. Choi includes the teachings of actual time-scale modification and synchronized playback of video/audio signals, including time-scaling video and audio signals, recalculating timing based on a real video time-scale, adjusting presentation timing / PTS values, and replaying broadcast content at different speeds while maintaining A/V synchronization [see Choi, paras.0071-0076, 0082-0084, 0089-0096, claims 14, 17, 19, 23, and 24]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date to apply Choi’s time-scale modification and playback synchronization techniques to Kim’s the variable-frame-rate video environment in order to provide a more unified time scale and to maintain constant frame intervals during streaming or playback of the selected media item. Applicant’s assertion that Kim does not disclose streaming the video at the unit time interval of the visual rhythm therefore does not overcome the combination of Kim and Choi, because the cited references in combination fully teaches the claim limitations.
Allowable Subject Matter
Claims 2, 3 and 16 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Instant Application
Patent No. 11,716,520
(Claim 1)
1. A computer-implemented method comprising: determining, for a plurality of media items, a current time scale at which each of the media items is encoded, wherein at least two of the plurality of media items are encoded at different frame rates; calculating, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items; changing a media item selected from the plurality of media items from the current time scale to the unified time scale that provides a constant frame interval for the selected media item; and streaming the media item at a variable frame rate, wherein the media item is streamed at the constant frame interval using the unified time scale.
(Claim 2)
2. The computer-implemented method of claim 1, wherein the calculating includes determining a minimum number of time units per second at which the unified time scale is uniform for the plurality of media items.
(Claim 3)
3. The computer-implemented method of claim 1, wherein the calculating includes determining a least common multiplier of the encoded frame rates in the plurality of media items, the least common multiplier comprising a value for which the frame interval for each encoded frame rate is a whole number.
(Claim 4)
4. The computer-implemented method of claim 1, wherein the selected media item comprises video content that was captured using a variable refresh rate.
(Claim 5)
5. The computer-implemented method of claim 1, wherein a maximum range of frame rates for the media items within the plurality of media items includes a specified upper bound and a specified lower bound.
(Claim 6)
6. The computer-implemented method of claim 5, wherein the lower bound comprises 24 frames per second, and wherein the upper bound comprises 60 frames per second.
(Claim 7)
7. The computer-implemented method of claim 1, wherein the plurality of media items comprises video media items.
(Claim 8)
8. The computer-implemented method of claim 7, wherein the video media items are encoded at 23.97, 24, 25, 29.97, 30, 59.94, 60, 120, 240 or 300 frames per second.
(Claim 9)
9. The computer-implemented method of claim 1, wherein the plurality of media items comprises audio media items.
(Claim 10)
10. The computer-implemented method of claim 9, wherein the audio media items have a frame rate of 1024, 1536, or 2048 samples per frame.
(Claim 11)
11. The computer-implemented method of claim 1, wherein each of the plurality of media items in a specified group of media items has a specified video frame rate and audio frame rate, and wherein the unified time scale is calculated to optimize the specified video frame rate and the specified audio frame rate of the media items in the group.
(Claim 12)
12. The computer-implemented method of claim 11, wherein the unified time scale is implemented to generate one or more presentation time stamps (PTSs) for the group of media items.
(Claim 13)
13. The computer-implemented method of claim 12, wherein the one or more PTSs are monotonically increasing, and wherein units used in the unified time scale are selected to maximize wrap-around time for the group of media items.
(Claim 14)
14. The computer-implemented method of claim 13, wherein the units selected to maximize wrap-around time for the group of media items are selected based on video frame rate.
(Claim 15)
15. A system comprising: at least one physical processor; and physical memory comprising computer-executable instructions that, when executed by the physical processor, cause the physical processor to: determine, for a plurality of different media items, a current time scale at which each of the media items is encoded, wherein at least two of the plurality of media items are encoded at different frame rates; calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items; change a media item selected from the plurality of media items from the current time scale to the unified time scale that provides a constant frame interval for the selected media item; and stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale.
(Claim 16)
16. The system of claim 15, wherein the unified time scale includes a presentation time stamp (PTS) interval, and wherein the PTS interval comprises a minimum frame interval or a multiple of a minimum frame interval.
(Claim 17)
17. The system of claim 15, wherein calculating the unified time scale includes converting one or more input presentation time stamps from the plurality of media items having different time scales into PTSs based on the unified time scale.
(Claim 18)
18. The system of claim 17, wherein implementing the converted input PTSs avoids PTS counter wrap-around.
(Claim 19)
19. The system of claim 15, wherein changing at least one of the plurality of media items from the current time scale to the unified time scale allows a single fixed V-Synch interrupt to be implemented during playback of the plurality of media items.
(Claim 20)
20. A non-transitory computer-readable medium comprising one or more computer-executable instructions that, when executed by at least one processor of a computing device, cause the computing device to: determine, for a plurality of different media items, a current time scale at which each of the media items is encoded, wherein at least two of the plurality of media items are encoded at different frame rates; calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items; change a media item selected from the plurality of media items from the current time scale to the unified time scale that provides a constant frame interval for the selected media item; and stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale.
(Claim 1)
1. A computer-implemented method comprising: determining, for each of a plurality of different media items, a current time scale at which the media items are encoded for distribution, wherein at least two of the plurality of media items are encoded at different frame rates; identifying, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items, the identifying including determining a minimum number of time units per second at which the unified time scale is uniform for the plurality of media items; and changing at least one of the plurality of media items from the current time scale to the identified unified time scale to provide a constant frame interval for the at least one changed media item.
(Claim 2 of the Instant Application is indicated allowable)
(Claim 3 of the Instant Application is indicated allowable)
(Claim 1 above includes the claimed limitations of Claim 4 of the Instant Application)
(Claim 1 above includes the claimed limitations of Claim 5 of the Instant Application)
(Claim 1 above includes the claimed limitations of Claim 6 of the Instant Application)
(Claim 2)
2. The computer-implemented method of claim 1, wherein the media items comprise video media items.
(Claim 3)
3. The computer-implemented method of claim 2, wherein the video media items are encoded at 23.97, 24, 25, 29.97, 30, 59.94, 60, 120, 240 or 300 frames per second.
(Claim 4)
4. The computer-implemented method of claim 1, wherein the media items comprise audio media items.
(Claim 5)
5. The computer-implemented method of claim 4, wherein the audio media items have a frame rate of 1024, 1536, or 2048 samples per frame.
(Claim 6)
6. The computer-implemented method of claim 1, wherein each of the plurality of media items in a specified group of media items has a specified video frame rate and audio frame rate, and wherein the unified time scale is calculated to optimize the specified video frame rate and the specified audio frame rate of the media items in the group.
(Claim 7)
7. The computer-implemented method of claim 1, wherein the unified time scale is implemented to generate one or more presentation time stamps (PTSs) for the plurality of media items.
(Claim 8)
8. The computer-implemented method of claim 6, wherein the one or more PTSs are monotonically increasing, and wherein units used in the unified time scale are selected to maximize wrap-around time for the plurality of media items.
(Claim 9)
9. The computer-implemented method of claim 8, wherein the units selected to maximize wrap-around time for the plurality of media items are selected based on video frame rate.
(Claim 10)
10. The computer-implemented method of claim 1, wherein the identified unified time scale includes a presentation time stamp (PTS) interval, and wherein the PTS interval comprises a minimum frame interval or a multiple of a minimum frame interval.
(Claim 11)
11. The computer-implemented method of claim 10, further comprising restoring the PTS interval to a specified resolution.
(Claim 12)
12. A system comprising: at least one physical processor; and physical memory comprising computer-executable instructions that, when executed by the physical processor, cause the physical processor to: determine, for each of a plurality of different media items, a current time scale at which the media items are encoded for distribution, wherein at least two of the plurality of media items are encoded at different frame rates; identify, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items, the identifying including determining a minimum number of time units per second at which the unified time scale is uniform for the plurality of media items; and change at least one of the plurality of media items from the current time scale to the identified unified time scale to provide a constant frame interval for the at least one changed media item.
(Claim 16 of the Instant Application is indicated allowable)
(Claim 16 below includes the claimed limitations of Claim 17 of the Instant Application)
(Claim 17 below includes the claimed limitations of Claim 18 of the Instant Application)
(Claim 18 below includes the claimed limitations of Claim 19 of the Instant Application)
(Claim 13)
13. The system of claim 12, wherein the identified unified time scale allows the plurality of media items to be streamed at a variable frame rate while maintaining the constant frame interval.
(Claim 14)
14. The system of claim 13, wherein media items with different frame rates are streamed at a variable frame rate while maintaining the constant frame interval for each frame rate using the unified time scale.
(Claim 15)
15. The system of claim 12, wherein media items having video content that was captured using a variable refresh rate are streamed at a variable frame rate while maintaining the constant frame interval using the unified time scale.
(Claim 16)
16. The system of claim 12, wherein identifying the unified time scale includes converting one or more input presentation time stamps from the plurality of different media items having different time scales into PTSs based on the unified time scale.
(Claim 17)
17. The system of claim 16, wherein implementing the converted input PTSs avoids PTS counter wrap-around.
(Claim 18)
18. The system of claim 12, wherein changing at least one of the plurality of media items from the current time scale to the identified unified time scale allows a single fixed V-Synch interrupt to be implemented during playback of the plurality of media items.
(Claim 19)
19. The system of claim 12, further comprising optimizing PTSs for the plurality of media items, such that scaled presentation time stamps match native PTSs without a resulting rounding error.
(Claim 20)
20. A non-transitory computer-readable medium comprising one or more computer-executable instructions that, when executed by at least one processor of a computing device, cause the computing device to: determine, for each of a plurality of different media items, a current time scale at which the media items are encoded for distribution, wherein at least two of the plurality of media items are encoded at different frame rates; identify, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items, the identifying including determining a minimum number of time units per second at which the unified time scale is uniform for the plurality of media items; and change at least one of the plurality of media items from the current time scale to the identified unified time scale to provide a constant frame interval for the at least one changed media item.
Claims 1, 4, 7-15 and 17-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,716,520, and further in view of Kim et al. US Pub. No. 2004/0125124, and further in view of Choi US Pub. No. 2007/0168188.
Regarding claim 1, the conflicting claims are not patentably distinct from each other because every limitation of claim 1 of the Instant Application is found in claim 1 of the Patent No. 11,716,520, except the following limitation: “calculating, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items; streaming the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale.”
However, the reference of Kim explicitly teaches “streaming the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale” (see ¶ 35 for streaming the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale (i.e. the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142))
Therefore, taking the combined teachings of Patent No. 11,716,520 and Kim as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (time scale) into the system of Patent No. 11,716,520 as taught by Kim.
One will be motivated to incorporate the above feature into the system of Patent No. 11,716,520 as taught by Kim for the benefit of providing a browser interface step-based approach used as a rough visual time scale, but there may be considerable temporal distortion in the visual time scale when the original video source is encoded in a variable frame rate encoding schemes such as Microsoft’s ASF (Advanced Streaming Format), wherein variable frame rate encoding schemes dynamically adjust the frame rate while encoding a video source in order to improve efficiency when producing a video stream with a constant bit rate (see ¶ 35)
On the other hand, the reference of Choi explicitly teaches “calculating, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items” (see ¶ 76 for calculating, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items (i.e. in case of an MPEG signal, the real time-scale (i.e. the target time-scale) of the time-scaled video signal may be calculated from the time stamp, the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4)))
Therefore, taking the combined teachings of Patent No. 11,716,520 and Choi as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (calculating) into the system of Patent No. 11,716,520 as taught by Choi.
One will be motivated to incorporate the above feature into the system of Patent No. 11,716,520 as taught by Choi for the benefit of calculating the real time-scale (i.e. the target time-scale) of the time-scaled video signal from the time stamp, wherein the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, wherein the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4) in order to improve efficiency when achieving synchronization of the AV signals while time-scaling, i.e., the audio reproduction speed can be coincided with the video reproduction speed regardless of the real reproduction speed of the video signal, as a result, the synchronization between the time-scaled audio and video signals can be well maintained (see ¶s 75-76)
Regarding claim 4, the conflicting claims are not patentably distinct from each other because every limitation of claim 4 of the Instant Application is found in claim 1 of the Patent No. 11,716,520, except the following limitation: “wherein the selected media item comprises video content that was captured using a variable refresh rate.”
However, the reference of Kim explicitly teaches “wherein the selected media item comprises video content that was captured using a variable refresh rate” (see ¶ 35 for the selected media item comprises video content that was captured using a variable refresh rate (i.e. the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142))
Therefore, taking the combined teachings of Patent No. 11,716,520, Kim and Choi as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (time scale) into the system of Patent No. 11,716,520 as taught by Kim.
One will be motivated to incorporate the above feature into the system of Patent No. 11,716,520 as taught by Kim for the benefit of providing a browser interface step-based approach used as a rough visual time scale, but there may be considerable temporal distortion in the visual time scale when the original video source is encoded in a variable frame rate encoding schemes such as Microsoft’s ASF (Advanced Streaming Format), wherein variable frame rate encoding schemes dynamically adjust the frame rate while encoding a video source in order to improve efficiency when producing a video stream with a constant bit rate (see ¶ 35)
Regarding claim 7, the conflicting claims are not patentably distinct from each other because every limitation of claim 7 of the Instant Application is recited in claim 2 of the Patent No. 11,716,520.
Regarding claim 8, the conflicting claims are not patentably distinct from each other because every limitation of claim 8 of the Instant Application is recited in claim 3 of the Patent No. 11,716,520.
Regarding claim 9, the conflicting claims are not patentably distinct from each other because every limitation of claim 9 of the Instant Application is recited in claim 4 of the Patent No. 11,716,520.
Regarding claim 10, the conflicting claims are not patentably distinct from each other because every limitation of claim 10 of the Instant Application is recited in claim 5 of the Patent No. 11,716,520.
Regarding claim 11, the conflicting claims are not patentably distinct from each other because every limitation of claim 11 of the Instant Application is recited in claim 6 of the Patent No. 11,716,520.
Regarding claim 12, the conflicting claims are not patentably distinct from each other because every limitation of claim 12 of the Instant Application is recited in claim 7 of the Patent No. 11,716,520.
Regarding claim 13, the conflicting claims are not patentably distinct from each other because every limitation of claim 13 of the Instant Application is recited in claim 8 of the Patent No. 11,716,520.
Regarding claim 14, the conflicting claims are not patentably distinct from each other because every limitation of claim 14 of the Instant Application is recited in claim 9 of the Patent No. 11,716,520.
Regarding claim 15, the conflicting claims are not patentably distinct from each other because every limitation of claim 15 of the Instant Application is found in claim 12 of the Patent No. 11,716,520, except the following limitation: “calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items; stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale.”
However, the reference of Kim explicitly teaches “stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale” (see ¶ 35 for stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale (i.e. the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142))
Therefore, taking the combined teachings of Patent No. 11,716,520 and Kim as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (time scale) into the system of Patent No. 11,716,520 as taught by Kim.
One will be motivated to incorporate the above feature into the system of Patent No. 11,716,520 as taught by Kim for the benefit of providing a browser interface step-based approach used as a rough visual time scale, but there may be considerable temporal distortion in the visual time scale when the original video source is encoded in a variable frame rate encoding schemes such as Microsoft’s ASF (Advanced Streaming Format), wherein variable frame rate encoding schemes dynamically adjust the frame rate while encoding a video source in order to improve efficiency when producing a video stream with a constant bit rate (see ¶ 35)
On the other hand, the reference of Choi explicitly teaches “calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items” (see ¶ 76 for calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items (i.e. in case of an MPEG signal, the real time-scale (i.e. the target time-scale) of the time-scaled video signal may be calculated from the time stamp, the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4)))
Therefore, taking the combined teachings of Patent No. 11,716,520 and Choi as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (calculate) into the system of Patent No. 11,716,520 as taught by Choi.
One will be motivated to incorporate the above feature into the system of Patent No. 11,716,520 as taught by Choi for the benefit of calculating the real time-scale (i.e. the target time-scale) of the time-scaled video signal from the time stamp, wherein the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, wherein the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4) in order to improve efficiency when achieving synchronization of the AV signals while time-scaling, i.e., the audio reproduction speed can be coincided with the video reproduction speed regardless of the real reproduction speed of the video signal, as a result, the synchronization between the time-scaled audio and video signals can be well maintained (see ¶s 75-76)
Regarding claim 17, the conflicting claims are not patentably distinct from each other because every limitation of claim 17 of the Instant Application is found in claim 16 of the Patent No. 11,716,520, except the following limitation: “calculating the unified time scale.”
However, the reference of Choi explicitly teaches “calculating the unified time scale” (see ¶ 76 for calculating the unified time scale (i.e. the target time-scale) of the time-scaled video signal may be calculated from the time stamp, the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4)))
Therefore, taking the combined teachings of Patent No. 11,716,520, Kim and Choi as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (calculating) into the system of Patent No. 11,716,520 as taught by Choi.
One will be motivated to incorporate the above feature into the system of Patent No. 11,716,520 as taught by Choi for the benefit of calculating the real time-scale (i.e. the target time-scale) of the time-scaled video signal from the time stamp, wherein the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, wherein the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4) in order to improve efficiency when achieving synchronization of the AV signals while time-scaling, i.e., the audio reproduction speed can be coincided with the video reproduction speed regardless of the real reproduction speed of the video signal, as a result, the synchronization between the time-scaled audio and video signals can be well maintained (see ¶s 75-76)
Regarding claim 18, the conflicting claims are not patentably distinct from each other because every limitation of claim 18 of the Instant Application is recited in claim 17 of the Patent No. 11,716,520.
Regarding claim 19, the conflicting claims are not patentably distinct from each other because every limitation of claim 19 of the Instant Application is recited in claim 18 of the Patent No. 11,716,520.
Regarding claim 20, the conflicting claims are not patentably distinct from each other because every limitation of claim 20 of the Instant Application is found in claim 20 of the Patent No. 11,716,520, except the following limitation: “calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items; stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale.”
However, the reference of Kim explicitly teaches “stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale” (see ¶ 35 for stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale (i.e. the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142))
Therefore, taking the combined teachings of Patent No. 11,716,520 and Kim as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (time scale) into the system of Patent No. 11,716,520 as taught by Kim.
One will be motivated to incorporate the above feature into the system of Patent No. 11,716,520 as taught by Kim for the benefit of providing a browser interface step-based approach used as a rough visual time scale, but there may be considerable temporal distortion in the visual time scale when the original video source is encoded in a variable frame rate encoding schemes such as Microsoft’s ASF (Advanced Streaming Format), wherein variable frame rate encoding schemes dynamically adjust the frame rate while encoding a video source in order to improve efficiency when producing a video stream with a constant bit rate (see ¶ 35).
On the other hand, the reference of Choi explicitly teaches “calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items” (see ¶ 76 for calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items (i.e. in case of an MPEG signal, the real time-scale (i.e. the target time-scale) of the time-scaled video signal may be calculated from the time stamp, the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4)))
Therefore, taking the combined teachings of Patent No. 11,716,520 and Choi as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (calculate) into the system of Patent No. 11,716,520 as taught by Choi.
One will be motivated to incorporate the above feature into the system of Patent No. 11,716,520 as taught by Choi for the benefit of calculating the real time-scale (i.e. the target time-scale) of the time-scaled video signal from the time stamp, wherein the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, wherein the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4) in order to improve efficiency when achieving synchronization of the AV signals while time-scaling, i.e., the audio reproduction speed can be coincided with the video reproduction speed regardless of the real reproduction speed of the video signal, as a result, the synchronization between the time-scaled audio and video signals can be well maintained (see ¶s 75-76)
Claims 5 and 6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,716,520, and further in view of Kim et al. US Pub. No. 2004/0125124, and further in view of Choi US Pub. No. 2007/0168188, and further in view of Nago et al. US Patent. No. 6,567,117.
Regarding claim 5, the conflicting claims are not patentably distinct from each other because every limitation of claim 5 of the Instant Application is found in claim 1 of the Patent No. 11,716,520, except the following limitation: “wherein a maximum range of frame rates for the media items within the plurality of media items includes a specified upper bound and a specified lower bound.”
However, the reference of Nago explicitly teaches “wherein a maximum range of frame rates for the media items within the plurality of media items includes a specified upper bound and a specified lower bound” (see col. 7 lines 45-63 for a maximum range of frame rates for the media items within the plurality of media items includes a specified upper bound and a specified lower bound (i.e. a maximum range of operable frame rates for each coding bit rate is determined in a manner such that 1 to 7 frames/sec are available for the bit rate of 32 kbps and 1 to 13 frames/sec are available for the bit rate of 64 kbps as shown in the conversion table as described in col. 7 lines 50-54))
Therefore, taking the combined teachings of Patent No. 11,716,520, Kim, Choi and Nago as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (maximum) into the system of Patent No. 11,716,520 as taught by Nago. One will be motivated to incorporate the above feature into the system of Patent No. 11,716,520 as taught by Nago for the benefit of determining a maximum range of operable frame rates for each coding bit rate in a manner such that 1 to 7 frames/sec are available for the bit rate of 32 kbps and 1 to 13 frames/sec are available for the bit rate of 64 kbps as shown in the conversion table in order to improve efficiency when determining a maximum range of operable frame rates (see col. 7 lines 50-54)
Regarding claim 6, the conflicting claims are not patentably distinct from each other because every limitation of claim 6 of the Instant Application is found in claim 1 of the Patent No. 11,716,520, except the following limitation: “wherein the lower bound comprises 24 frames per second, and wherein the upper bound comprises 60 frames per second.”
However, the reference of Kim explicitly teaches “wherein the lower bound comprises 24 frames per second, and wherein the upper bound comprises 60 frames per second” (see ¶ 14 for the lower bound comprises 24 frames per second, and wherein the upper bound comprises 60 frames per second (i.e. the ATSC digital TV standard, Revision B (ATSC Standard A/53B) defines a standard for digital video based on MPEG-2 encoding, and allows video frames as large as 1920.times.1080 pixels/pels (2,073,600 pixels) at 20 Mbps, for example))
Therefore, taking the combined teachings of Patent No. 11,716,520, Kim, Choi and Nago as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (24 frames per second, 60 frames per second) into the system of Patent No. 11,716,520 as taught by Kim.
One will be motivated to incorporate the above feature into the system of Patent No. 11,716,520 as taught by Kim for the benefit of having the ATSC digital TV standard, Revision B (ATSC Standard A/53B) defining a standard for digital video based on MPEG-2 encoding, and allowing video frames as large as 1920.times.1080 pixels/pels (2,073,600 pixels) at 20 Mbps, for example in order to improve efficiency when decoding video frames (see ¶ 14).
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, 4, 7-9, 11, 15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2004/0125124 A1) (hereinafter Kim), and further in view of Choi (US 2007/0168188 A1) (hereinafter Choi).
Regarding claim 1, Kim discloses a computer-implemented method comprising: determining, for a plurality of different media items, a current time scale at which each of the media items is encoded, wherein at least two of the plurality of media items are encoded at different frame rates (see ¶ 36 for determining, for a plurality of different media items, a current time scale at which each of the media items is encoded, wherein at least two of the plurality of media items are encoded at different frame rates (i.e. the different widths of the shots 106 and 108 mean that the frame rates of their corresponding shots in the high and low bit rate encoded video streams are different, because each vertical line of the "browser interface" corresponds to one frame of encoded video source, similarly, the differing horizontal position and widths of shots 110 and 112 indicate differences in frame rate between the high and low bit-rate encoded video streams, as FIG. 1 illustrates, although the browser interface can be used as a time scale for the video it represents, it is only a coarse representation of absolute time because variable frame rates affect the widths and positions of visual features of the browser interface as described in fig. 1 paragraph 37)); changing a media item selected from the plurality of media items from the current time scale to the unified time scale that provides the constant frame interval for the media item (see ¶ 139 for changing a media item selected from the plurality of media items from the current time scale to the unified time scale that provides a constant frame interval for the selected media item (i.e. when an audio segment 862 does not match up cleanly with a video shot 852, it may be better to move the start position of the video shot 852 to match that of the audio segment 862, because humans can be more sensitive to audio than video, (to move the start position of a shot, either ahead or behind, the user can click on the shot marker and move it to the left or right) as described in fig. 8 paragraph 141, furthermore, the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142)); and streaming the media item at a variable frame rate, wherein the media item is streamed at the constant frame interval using the unified time scale (see ¶ 35 for streaming the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale (i.e. the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142))
Kim fails to explicitly teach calculating, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items.
However, the reference of Choi explicitly teaches calculating, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items (see ¶ 76 for calculating, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items (i.e. in case of an MPEG signal, the real time-scale (i.e. the target time-scale) of the time-scaled video signal may be calculated from the time stamp, the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4)))
Therefore, taking the combined teachings of Kim and Choi as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (calculating) into the system of Kim as taught by Choi. One will be motivated to incorporate the above feature into the system of Kim as taught by Choi for the benefit of calculating the real time-scale (i.e. the target time-scale) of the time-scaled video signal from the time stamp, wherein the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, wherein the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4) in order to improve efficiency when achieving synchronization of the AV signals while time-scaling, i.e., the audio reproduction speed can be coincided with the video reproduction speed regardless of the real reproduction speed of the video signal, as a result, the synchronization between the time-scaled audio and video signals can be well maintained (see ¶s 75-76)
Regarding claim 4, the combination of Kim and Choi as discussed in claim 1 above discloses all the claim limitations with additional claimed feature taught by Kim wherein the selected media item comprises video content that was captured using a variable refresh rate (see ¶ 35 for the selected media item comprises video content that was captured using a variable refresh rate (i.e. the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142))
Regarding claim 7, the combination of Kim and Choi as discussed in claim 1 above discloses all the claim limitations with additional claimed feature taught by Kim wherein the plurality of media items comprises video media items (see ¶s 100-101 for the plurality of media items comprises video media items as shown in fig. 2)
Regarding claim 8, the combination of Kim and Choi as discussed in claim 7 above discloses all the claim limitations with additional claimed feature taught by Kim wherein the video media items are encoded at 23.97, 24, 25, 29.97, 30, 59.94, 60, 120, 240 or 300 frames per second (see ¶ 14 for the video media items are encoded at 23.97, 24, 25, 29.97, 30, 59.94, 60, 120, 240 or 300 frames per second (i.e. the ATSC digital TV standard, Revision B (ATSC Standard A/53B) defines a standard for digital video based on MPEG-2 encoding, and allows video frames as large as 1920.times.1080 pixels/pels (2,073,600 pixels) at 20 Mbps, for example))
Regarding claim 9, the combination of Kim and Choi as discussed in claim 1 above discloses all the claim limitations with additional claimed feature taught by Kim wherein the plurality of media items comprises audio media items (see ¶s 141 for the plurality of media items comprises audio media items as shown fig. 8)
Regarding claim 11, the combination of Kim and Choi as discussed in claim 1 above discloses all the claim limitations with additional claimed feature taught by Kim wherein each of the plurality of media items in a specified group of media items has a specified video frame rate and a specified audio frame rate, and wherein the unified time scale is calculated to optimize the specified video frame rate and the specified audio frame rate of the media items in the group (see ¶ 141 for each of the plurality of media items in a specified group of media items has a specified video frame rate and audio frame rate, and wherein the unified time scale is calculated to optimize the specified video frame rate and the specified audio frame rate of the media items in the group (i.e. the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142))
Regarding claim 15, Kim discloses a system comprising: at least one physical processor (see ¶ 14 for processor); and physical memory comprising computer-executable instructions that, when executed by the physical processor, cause the physical processor to (see ¶ 14 for physical memory comprising computer-executable instructions that, when executed by the physical processor, cause the physical processor. It should be noted that a computer as described in paragraph 25 has to include a processor, memory comprising computer-executable instructions by the processor): determine, for a plurality of different media items, a current time scale at which each of the media items is encoded, wherein at least two of the plurality of media items are encoded at different frame rates (see ¶ 36 for determine, for a plurality of different media items, a current time scale at which each of the media items is encoded, wherein at least two of the plurality of media items are encoded at different frame rates (i.e. the different widths of the shots 106 and 108 mean that the frame rates of their corresponding shots in the high and low bit rate encoded video streams are different, because each vertical line of the "browser interface" corresponds to one frame of encoded video source, similarly, the differing horizontal position and widths of shots 110 and 112 indicate differences in frame rate between the high and low bit-rate encoded video streams, as FIG. 1 illustrates, although the browser interface can be used as a time scale for the video it represents, it is only a coarse representation of absolute time because variable frame rates affect the widths and positions of visual features of the browser interface as described in fig. 1 paragraph 37)); change a media item selected from the plurality of media items from the current time scale to the unified time scale that provides a constant frame interval for the selected media item (see ¶ 139 for change a media item selected from the plurality of media items from the current time scale to the unified time scale that provides a constant frame interval for the selected media item (i.e. when an audio segment 862 does not match up cleanly with a video shot 852, it may be better to move the start position of the video shot 852 to match that of the audio segment 862, because humans can be more sensitive to audio than video, (to move the start position of a shot, either ahead or behind, the user can click on the shot marker and move it to the left or right) as described in fig. 8 paragraph 141, furthermore, the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142)); and stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale (see ¶ 35 for stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale (i.e. the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142))
Kim fails to explicitly teach calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items.
However, the reference of Choi explicitly teaches calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items (see ¶ 76 for calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items (i.e. in case of an MPEG signal, the real time-scale (i.e. the target time-scale) of the time-scaled video signal may be calculated from the time stamp, the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4)))
Therefore, taking the combined teachings of Kim and Choi as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (calculating) into the system of Kim as taught by Choi. One will be motivated to incorporate the above feature into the system of Kim as taught by Choi for the benefit of calculating the real time-scale (i.e. the target time-scale) of the time-scaled video signal from the time stamp, wherein the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, wherein the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4) in order to improve efficiency when achieving synchronization of the AV signals while time-scaling, i.e., the audio reproduction speed can be coincided with the video reproduction speed regardless of the real reproduction speed of the video signal, as a result, the synchronization between the time-scaled audio and video signals can be well maintained (see ¶s 75-76)
Regarding claim 20, Kim discloses a non-transitory computer-readable medium comprising one or more computer-executable instructions that, when executed by at least one processor of a computing device, cause the computing device to: determine, for a plurality of different media items, a current time scale at which each of the media items is encoded, wherein at least two of the plurality of media items are encoded at different frame rates (see ¶ 36 for determine, for a plurality of different media items, a current time scale at which each of the media items is encoded, wherein at least two of the plurality of media items are encoded at different frame rates (i.e. the different widths of the shots 106 and 108 mean that the frame rates of their corresponding shots in the high and low bit rate encoded video streams are different, because each vertical line of the "browser interface" corresponds to one frame of encoded video source, similarly, the differing horizontal position and widths of shots 110 and 112 indicate differences in frame rate between the high and low bit-rate encoded video streams, as FIG. 1 illustrates, although the browser interface can be used as a time scale for the video it represents, it is only a coarse representation of absolute time because variable frame rates affect the widths and positions of visual features of the browser interface as described in fig. 1 paragraph 37)); change a media item selected from the plurality of media items from the current time scale to the unified time scale that provides a constant frame interval for the selected media item (see ¶ 139 for change a media item selected from the plurality of media items from the current time scale to the unified time scale that provides a constant frame interval for the selected media item (i.e. when an audio segment 862 does not match up cleanly with a video shot 852, it may be better to move the start position of the video shot 852 to match that of the audio segment 862, because humans can be more sensitive to audio than video, (to move the start position of a shot, either ahead or behind, the user can click on the shot marker and move it to the left or right) as described in fig. 8 paragraph 141, furthermore, the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142)); and stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale (see ¶ 35 for stream the selected media item at a variable frame rate, while maintaining the constant frame interval using the unified time scale (i.e. the time scale of the visual rhythm needs to be adjusted to be uniform, one simple way of adjustments is to make the number of vertical lines of the visual rhythm per a unit time interval, for example one second, be equal to the maximum frame rate of encoded video by adding extra vertical lines into a sparse unit time interval as described in fig. 8 paragraph 142)). Kim fails to explicitly teach calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items.
However, the reference of Choi explicitly teaches calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items (see ¶ 76 for calculate, for the plurality of media items, a unified time scale that provides a constant frame interval for each of the plurality of media items (i.e. in case of an MPEG signal, the real time-scale (i.e. the target time-scale) of the time-scaled video signal may be calculated from the time stamp, the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4)))
Therefore, taking the combined teachings of Kim and Choi as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (calculating) into the system of Kim as taught by Choi. One will be motivated to incorporate the above feature into the system of Kim as taught by Choi for the benefit of calculating the real time-scale (i.e. the target time-scale) of the time-scaled video signal from the time stamp, wherein the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, wherein the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4) in order to improve efficiency when achieving synchronization of the AV signals while time-scaling, i.e., the audio reproduction speed can be coincided with the video reproduction speed regardless of the real reproduction speed of the video signal, as a result, the synchronization between the time-scaled audio and video signals can be well maintained (see ¶s 75-76).
Claim Rejections - 35 USC § 103
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2004/0125124 A1) (hereinafter Kim) as applied to claims 1, 4, 7-9, 11, 15 and 20 above, and further in view of Choi (US 2007/0168188 A1) (hereinafter Choi), and further in view of Nago et al. (US 6,567,117 B1)(hereinafter Nago).
Regarding claim 5, the combination of Kim and Choi as discussed in claim 1 above discloses all the claimed limitations but fails to explicitly teach wherein a maximum range of frame rates for the media items within the plurality of media items includes a specified upper bound and a specified lower bound.
However, the reference of Nago explicitly teaches wherein a maximum range of frame rates for the media items within the plurality of media items includes a specified upper bound and a specified lower bound (see col. 7 lines 45-63 for a maximum range of frame rates for the media items within the plurality of media items includes a specified upper bound and a specified lower bound (i.e. a maximum range of operable frame rates for each coding bit rate is determined in a manner such that 1 to 7 frames/sec are available for the bit rate of 32 kbps and 1 to 13 frames/sec are available for the bit rate of 64 kbps as shown in the conversion table as described in col. 7 lines 50-54))
Therefore, taking the combined teachings of Kim, Choi and Nago as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (maximum) into the system of Kim as taught by Nago. One will be motivated to incorporate the above feature into the system of Kim as taught by Nago for the benefit of determining a maximum range of operable frame rates for each coding bit rate in a manner such that 1 to 7 frames/sec are available for the bit rate of 32 kbps and 1 to 13 frames/sec are available for the bit rate of 64 kbps as shown in the conversion table in order to improve efficiency when determining a maximum range of operable frame rates (see col. 7 lines 50-54)
Regarding claim 6, the combination of Kim, Choi and Nago as discussed in claim 5 above discloses all the claim limitations with additional claimed feature taught by Kim wherein the lower bound comprises 24 frames per second, and wherein the upper bound comprises 60 frames per second (see ¶ 14 for the lower bound comprises 24 frames per second, and wherein the upper bound comprises 60 frames per second (i.e. the ATSC digital TV standard, Revision B (ATSC Standard A/53B) defines a standard for digital video based on MPEG-2 encoding, and allows video frames as large as 1920.times.1080 pixels/pels (2,073,600 pixels) at 20 Mbps, for example)).
Claim Rejections - 35 USC § 103
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2004/0125124 A1) (hereinafter Kim) as applied to claims 1, 4, 7-9, 11, 15 and 20 above, and further in view of Choi (US 2007/0168188 A1) (hereinafter Choi), and further in view of Baumgarte (US 2014/0297291 A1) (hereinafter Baumgarte).
Regarding claim 10, the combination of Kim and Choi as discussed in claim 9 above discloses all the claimed limitations but fails to explicitly teach wherein the audio media items have a frame rate of 1024, 1536, or 2048 samples per frame.
However, the reference of Baumgarte explicitly teaches wherein the audio media items have a frame rate of 1024, 1536, or 2048 samples per frame (see ¶ 21 for the audio media items have a frame rate of 1024, 1536, or 2048 samples per frame (i.e. a typical frame size of MPEG-AAC is 1024 samples, wherein for each new frame, the decoder reconstructs 2048 samples, the first 1024 of which are added to the last 1024 samples of the previous block as described in paragraph 152)).
Therefore, taking the combined teachings of Kim, Choi and Baumgarte as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (samples per frame) into the system of Kim as taught by Baumgarte. One will be motivated to incorporate the above feature into the system of Kim as taught by Baumgarte for the benefit of having a typical audio decoder that reconstructs the audio signal using an overlap-add method with 50% overlap of subsequent blocks, wherein each of the blocks is weighted by a window that tapers off at either end, for instance, a typical frame size of MPEG-AAC is 1024 samples, wherein for each new frame, the decoder reconstructs 2048 samples, the first 1024 of which are added to the last 1024 samples of the previous block and the result is the decoder output, wherein the info blocks that come with frame k are scheduled uniformly during the second half of the reconstructed block, wherein the gain values within each info block are distributed uniformly across the info block's duration in order to improve efficiency when ensuring that all necessary DRC gain values are available when decoding starts and ends, as well as for interpolation (see ¶ 152).
Claim Rejections - 35 USC § 103
Claims 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2004/0125124 A1) (hereinafter Kim) as applied to claims 1, 4, 7-9, 11, 15 and 20 above, and further in view of Choi (US 2007/0168188 A1) (hereinafter Choi), and further in view of Chen (WO 2012068898 A1) (hereinafter Chen).
Regarding claim 12, the combination of Kim and Choi as discussed in claim 11 above discloses all the claimed limitations but fails to explicitly teach wherein the unified time scale is implemented to generate one or more presentation time stamps (PTSs) for the group of media items.
However, the reference of Chen explicitly teaches wherein the unified time scale is implemented to generate one or more presentation time stamps (PTSs) for the group of media items (see page 6 lines 12-32 for the unified time scale is implemented to generate one or more presentation time stamps (PTSs) for the group of media items (i.e. the front-end transmitting device converts a PTS (Presentation Time Stamp) timestamp of the layer code streams of the media data into a mobile multimedia broadcast timestamp under a unified time reference as described in page 6 lines 10-12))
Therefore, taking the combined teachings of Kim, Choi and Chen as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (presentation time stamps (PTSs)) into the system of Kim as taught by Chen.
One will be motivated to incorporate the above feature into the system of Kim as taught by Chen for the benefit of having a front-end transmitting device that converts a PTS (Presentation Time Stamp) timestamp of the layer code streams of the media data into a mobile multimedia broadcast timestamp under a unified time reference, and controls the layer code streams, wherein the front-end transmitting device calculates, according to the PTS timestamp in the PES (Packetized Elementary Stream) packet and the PCR time information of the PES packet, the PCR time of each layer of the code stream, wherein the front-end transmitting device divides the PCR time of the layer code stream by the clock scale of the PCR and multiplies the mobile multimedia broadcast time scale to obtain a mobile multimedia broadcast time stamp of the layer code stream, wherein the front-end transmitting device broadcasts the media data that needs to be sent together with the mobile multimedia broadcast timestamp of the layer code streams of the media data in order to improve efficiency when the uniformity of time stamps in mobile multimedia broadcasts ensures synchronization between streams of different layered service (see page 6 lines 10-32)
Regarding claim 17, the combination of Kim and Choi as discussed in claim 15 above discloses all the claimed limitations but fails to explicitly teach wherein calculating the unified time scale.
However, the reference of Choi explicitly teaches calculating the unified time scale (see ¶ 76 for calculating the unified time scale (i.e. the target time-scale) of the time-scaled video signal may be calculated from the time stamp, the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4)))
Therefore, taking the combined teachings of Kim and Choi as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (calculating) into the system of Kim as taught by Choi. One will be motivated to incorporate the above feature into the system of Kim as taught by Choi for the benefit of calculating the real time-scale (i.e. the target time-scale) of the time-scaled video signal from the time stamp, wherein the video signal time-scale processor 170 can read the time value from the time stamp of the current time-scaled video frame, thus, if the time stamp TS1 of the time-scaled video frame at a certain point in the past T1 and the time stamp TS2 of the time-scaled video frame at the current time T2 are known, the real time-scale of time-scaled video signal av can be calculated from the equation (4), that is, the real time-scale of the video signal is the ratio of the real elapsed time T2-T1 from a certain point T1 in the past to the current time T2 to the difference between the time stamp TS1 of the time-scaled video frame at T1 and the time stamp TS2 of the time-scaled video frame at T2, wherein the calculated value is applied as a new target time-scale .alpha.' in the time-scaled reproduction of the audio signal. .alpha..sub.v=.alpha.'=(TS2-TS1)/(T2-T1) (4) in order to improve efficiency when achieving synchronization of the AV signals while time-scaling, i.e., the audio reproduction speed can be coincided with the video reproduction speed regardless of the real reproduction speed of the video signal, as a result, the synchronization between the time-scaled audio and video signals can be well maintained (see ¶s 75-76)
Furthermore, Kim fails to explicitly teach includes converting one or more PTS from the plurality of media items having different time scales into PTSs based on the unified time scale.
However, the reference of Chen explicitly teaches includes converting one or more PTS from the plurality of media items having different time scales into PTSs based on the unified time scale (see page 6 lines 12-32 for converting one or more input presentation time stamps from the plurality of different media items having different time scales into PTSs based on the unified time scale (i.e. the front-end transmitting device converts a PTS (Presentation Time Stamp) timestamp of the layer code streams of the media data into a mobile multimedia broadcast timestamp under a unified time reference as described in page 6 lines 10-12))
Therefore, taking the combined teachings of Kim, Choi and Chen as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (presentation time stamps (PTSs)) into the system of Kim as taught by Chen.
One will be motivated to incorporate the above feature into the system of Kim as taught by Chen for the benefit of having a front-end transmitting device that converts a PTS (Presentation Time Stamp) timestamp of the layer code streams of the media data into a mobile multimedia broadcast timestamp under a unified time reference, and controls the layer code streams, wherein the front-end transmitting device calculates, according to the PTS timestamp in the PES (Packetized Elementary Stream) packet and the PCR time information of the PES packet, the PCR time of each layer of the code stream, wherein the front-end transmitting device divides the PCR time of the layer code stream by the clock scale of the PCR and multiplies the mobile multimedia broadcast time scale to obtain a mobile multimedia broadcast time stamp of the layer code stream, wherein the front-end transmitting device broadcasts the media data that needs to be sent together with the mobile multimedia broadcast timestamp of the layer code streams of the media data in order to improve efficiency when the uniformity of time stamps in mobile multimedia broadcasts ensures synchronization between streams of different layered service (see page 6 lines 10-32).
Claim Rejections - 35 USC § 103
Claims 13, 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2004/0125124 A1)(hereinafter Kim) as applied to claims 1, 4, 7-9, 11, 15 and 20 above, and further in view of Choi (US 2007/0168188 A1)(hereinafter Choi), and further in view of Chen (WO 2012068898 A1)(hereinafter Chen), and further in view of Shaffer et al. (US 2014/0140417 A1)(hereinafter Shaffer).
Regarding claim 13, the combination of Kim, Choi and Chen as discussed in claim 12 above discloses all the claimed limitations but fails to explicitly teach wherein the one or more PTSs are monotonically increasing, and wherein units used in the unified time scale are selected to maximize wrap-around time for the group of media items.
However, the reference of Shaffer explicitly teaches wherein the one or more PTSs are monotonically increasing, and wherein units used in the unified time scale are selected to maximize wrap-around time for the group of media items (see ¶ 76 for the one or more PTSs are monotonically increasing, and wherein units used in the unified time scale are selected to maximize wrap-around time for the group of media items (i.e. at the wrap of the first PTS cycle, the next fragment boundary timestamp doesn't start at PTS=0 but rather at the last fragment boundary of the first PTS cycle+Fragment Length (modulo 2 33), in this way, the fragments and segments have the same length at the PTS wrap and no PTS discontinuities occur for the frame rate reduced profiles as described in fig. 6 paragraph 77))
Therefore, taking the combined teachings of Kim, Choi, Chen and Shaffer as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (wrap-around) into the system of Kim as taught by Shaffer. One will be motivated to incorporate the above feature into the system of Kim as taught by Shaffer for the benefit of considering a video synchronization procedure multiple successive PTS cycles, wherein depending upon the current cycle as determined by the source PTS values, the position of the theoretical fragment/segment boundaries will change, wherein at the wrap of the first PTS cycle, the next fragment boundary timestamp doesn't start at PTS=0 but rather at the last fragment boundary of the first PTS cycle+Fragment Length (modulo 2 33), wherein in this way, the fragments and segments have the same length at the PTS wrap and no PTS discontinuities occur for the frame rate reduced profiles, wherein given the video frame rate, the number of frames per fragment and the number of fragments per segment, a lookup table 212 (FIG. 2) is built that contains all fragment and segment boundaries for all PTS cycles in order to improve efficiency when upon reception of an input PTS value, the current PTS cycle is determined and a lookup is performed in lookup table 212 to find the next fragment/segment boundary (see ¶ 77)
Regarding claim 14, the combination of Kim, Choi, Chen and Shaffer as discussed in claim 13 above discloses all the claimed limitations but fails to explicitly teach wherein the units selected to maximize wrap-around time for the group of media items are selected based on video frame rate.
However, the reference of Shaffer explicitly teaches wherein the units selected to maximize wrap-around time for the group of media items are selected based on video frame rate (see ¶ 76 for the units selected to maximize wrap-around time for the group of media items are selected based on video frame rate (i.e. at the wrap of the first PTS cycle, the next fragment boundary timestamp doesn't start at PTS=0 but rather at the last fragment boundary of the first PTS cycle+Fragment Length (modulo 2 33), in this way, the fragments and segments have the same length at the PTS wrap and no PTS discontinuities occur for the frame rate reduced profiles as described in fig. 6 paragraph 77)).
Therefore, taking the combined teachings of Kim, Choi, Chen and Shaffer as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (wrap-around) into the system of Kim as taught by Shaffer. Per claim 14, Kim, Choi, Chen and Shaffer are combined for the same motivation as set forth in claim 13 above.
Regarding claim 18, the combination of Kim, Choi and Chen as discussed in claim 17 above discloses all the claimed limitations but fails to explicitly teach wherein implementing the input one or more PTSs prevents PTS counter wrap-around.
However, the reference of Shaffer explicitly teaches wherein the input one or more PTSs prevents PTS counter wrap-around (see ¶ 53 for implementing the converted input PTSs avoids PTS counter wrap-around (i.e. this means that the last fragment before the wrap of the PTS counter will be longer than the other fragments and the last fragment ends at the PTS wrap)).
Therefore, taking the combined teachings of Kim, Choi, Chen and Shaffer as a whole, it would have been obvious before the effective filing date of the claimed invention to incorporate this feature (wrap-around) into the system of Kim as taught by Shaffer. One will be motivated to incorporate the above feature into the system of Kim as taught by Shaffer for the benefit of extending the last fragment in the PTS cycle to the end of the PTS cycle, wherein this means that the last fragment before the wrap of the PTS counter will be longer than the other fragments and the last fragment ends at the PTS wrap in order to improve efficiency when addressing an issue that arises with using a PTS value as a time reference for video synchronization is that the PTS value wraps around back to zero after approximately 26.5 hours (see ¶ 53).
Conclusion
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/WILLIAM C VAUGHN JR/Supervisory Patent Examiner, Art Unit 2481
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