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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/24/2024 was filed on or after the effective filing date of the instant application on 10/24/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
Figures 1A-1B should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder, in this case is “unit for”, that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “a stream receiving unit for…”, “a location information obtaining unit for…”, “a bandwidth information obtaining unit for…” and “a bandwidth information transmitting unit for…” in claim 1; and “a video receiving unit for…”, “a location data obtaining unit for…”, “a video stream transmitting unit for…” and “a resolution deciding unit for…” in claim 7.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim limitations “a stream receiving unit for…”, “a location information obtaining unit for…”, “a bandwidth information obtaining unit for…” and “a bandwidth information transmitting unit for…” in claim 1; and “a video receiving unit for…”, “a location data obtaining unit for…”, “a video stream transmitting unit for…” and “a resolution deciding unit for…” in claim 7 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Other dependent claims 2-6 and 8-11 are rejected the same.
Claims 4-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "the number" in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the range" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the same" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the range" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the same" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites “A video streaming method comprising: a video receiving process in which a first mobile terminal receives…;… a stream receiving process in which the video streaming apparatus receives…;… a resolution deciding process in which the first mobile terminal obtains…”, which corresponds to an improper hybrid claim.
MPEP 2173.05(p) states: a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See in re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1305, 1318, 97 USFQ2dd 1737, 1748-49 (Fed. Cir. 2011). In Katz, a claim directed to "[a] system with an interface means for providing automated voice messages...to certain of said individual callers, wherein said certain of said individual callers digitally enter data” was determined to be indefinite because the italicized claim limitation is not directed to the system, but rather to actions of the individual callers, which creates confusion as to when direct infringement occurs. Katz, 639 F.3d al 1278, 97 USPQ2d at 1749 (citing JPXL Holdings v. Amazon.com, Inc., 430 F.3d 1377, 1384, 77 USPQ2d 1740, 1145 (Fed. Cir. 2005), in which a system claim that recited "an input means” and required a user to use the input means was found to be indefinite because it was unclear “whether infringement... occurs when one creates a system that allows the user [to use the input means], or whether infringement occurs when the user actually uses the input means."); Ex parte Lyell, 17 USPO2d 1548 (Bd. Pat. App. & Inter. 1990) (claim directed to an automatic transmission workstand and the method of using it held ambiguous and properly rejected under 35 U.S.C 112, second paragraph).
Claim 14 recites the limitation "the number" in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the range" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Other dependent claims are rejected the same.
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Tran et al (US 2023/0309072) in view of Shahid et al (US 2024/0089845).
Regarding claim 1, Tran discloses a video streaming apparatus (Figure 4) comprising:
a stream receiving unit for receiving a video stream including a first video and first location information from a first mobile terminal (¶ [0017], ¶ [0031]-[0033] and ¶ [0050]-[0051] for receiving surveillance video streaming and current location from a UAV/drone);
a location information obtaining unit for obtaining the first location information of the first mobile terminal from the video stream (Figure 2A; ¶ [0027], ¶ [0033] and ¶ [0050] for obtaining the current location of the UAV);
a bandwidth information obtaining unit for obtaining first bandwidth information of the first mobile terminal according to the first location information (¶ [0027], ¶ [0032]-[0035], ¶ [0039]-[0042] and ¶ [0049]-[0053] for obtaining network state information including current bandwidth available for the drone operation according to the UAV’s current location); and
a bandwidth information transmitting unit for transmitting the first bandwidth information to the first mobile terminal (¶ [0035] and ¶ [0041] for providing operational information including flight paths, each having different bandwidth available to the UAV).
Tran discloses a store of network state information collected within communication network from network elements, UEs and UAVs is used to retrieve network state information including bandwidth available (¶ [0051]), but is silent about obtaining bandwidth information by referring to a bandwidth table which stores multiple pieces of bandwidth information related with the first mobile terminal according to multiple pieces of location information.
Shahid discloses obtaining location information of the first mobile terminal (¶ [0011] and ¶ [0045] for receiving measurement reports including geographic locations information from wireless devices); obtaining first bandwidth information of the first mobile terminal by referring to a bandwidth table of the first mobile terminal according to the first location information, wherein the bandwidth table stores multiple pieces of bandwidth information related with the first mobile terminal according to multiple pieces of location information (¶ [0010]-[0011], ¶ [0033] and ¶ [0045] for receiving measurement reports or a lookup table stores measurements on radio access technology (RATs) of aggregate bandwidths and location information of wireless devices including a drone (Figure 1); and ¶ [0046]-[0047] for determining a particular RAT priority order of aggregate bandwidth by using the measurement reports or lookup table according to the wireless device’s geographic location); and transmitting the first bandwidth information to the first mobile terminal (¶ [0049]-[0050] for transmitting the RAT priority order of bandwidth to the wireless device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tran system with the teaching of Shahid, so to provide an alternative way of obtaining and storing bandwidth information corresponding to location information into a data structure as a matter of designed choices.
Regarding claim 2, Tran in view of Shahid discloses the video streaming apparatus as discussed in the rejection of claim 1. The combined system further discloses wherein the first location information includes the latitude, longitude, and altitude of the first mobile terminal (taught by Tran; ¶ [0017] and ¶ [0048]).
Regarding claim 3, Tran in view of Shahid discloses the video streaming apparatus as discussed in the rejection of claim 2. The combined system further discloses wherein the bandwidth table stores the multiple pieces of bandwidth information based on waypoint information of the first mobile terminal (taught by Shahid; ¶ [0010]-[0011], ¶ [0033] and ¶ [0045]).
Regarding claim 4, Tran in view of Shahid discloses the video streaming apparatus as discussed in the rejection of claim 2. The combined system further discloses wherein the bandwidth table stores bandwidth information related to a waypoint through which a plurality of mobile terminals including the first mobile terminal fly (taught by Shahid; ¶ [0010]-[0011], ¶ [0033] and ¶ [0045]), wherein bandwidth information for each piece of location information is stored based on the number of mobile terminals included in the waypoint (taught by Tran; ¶ [0051]).
Regarding claim 5, Tran in view of Shahid discloses the video streaming apparatus as discussed in the rejection of claim 4. The combined system further discloses wherein the bandwidth information transmitting unit transmits to the first mobile terminal bandwidth adjustment information including an identifier of a waypoint the first mobile terminal flies through, an identifier of the first mobile terminal, and the first bandwidth information (taught by Tran; Figure 2B; ¶ [0035]-[0044] and ¶ [0048]).
Regarding claim 6, Tran in view of Shahid discloses the video streaming apparatus as discussed in the rejection of claim 1. The combined system further discloses wherein the bandwidth information transmitting unit transmits to the first mobile terminal information on the range of a specific area including a location related with the first location information (taught by Tran; Figure 2C and ¶ [0046]-[0049]; and taught by Shahid; ¶ [0049]-[0050]).
Claims 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tran et al (US 2023/0309072) in view of Qian et al (CN 115022685A – an English translation provided herein with the cited paragraphs corresponding to the original document).
Regarding claim 7, Tran discloses a mobile terminal (Figure 6) comprising:
a video receiving unit (image sensor 613) for receiving a first video from a camera mounted on the mobile terminal and encoding the same (¶ [0031] and ¶ [0096] for receiving surveillance video from a camera; and ¶ [0072] for encoding data signals in network communication);
a location data obtaining unit (location receiver 606) for obtaining first location information of the mobile terminal from a sensor mounted on the mobile terminal (¶ [0098] for obtaining a location information of a UAV/drone);
a video stream transmitting unit (transceiver 602) for generating a video stream packet including the encoded, first video and the first location information and transmitting the video stream packet to a video streaming apparatus (¶ [0017], ¶ [0027], ¶ [0031]-[0033], ¶ [0050]-[0051] and ¶ [0099] for transmitting surveillance video stream and current location of a UAV/drone to a network element; and ¶ [0086]-[0088] for generating and packetizing data streams to transmit through a mobile network platform).
Tran discloses obtaining first bandwidth information from the video streaming apparatus (¶ [0035] and ¶ [0041] for receiving operational information including flight paths, each having different bandwidth available to the UAV), but is silent about deciding a resolution for encoding the first video according to the first bandwidth information.
Qian discloses an unmanned aerial vehicle (UAV) collects video image, obtains a current position information of the UAV, determining bandwidth available and generating video data according to bandwidth available by adjusting resolution, frame rate, etc. to encode video data and transmitting video data to a remote collecting device (¶ [0004]-[0009], ¶ [0018]-[0020], ¶ [0068]-[0071] and ¶ [0097]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tran system with the teaching of Qian, so to provide an enhanced system for a capability of adjusting video data in time according to network condition in order to avoid the image transmission effect not stable.
Regarding claim 8, Tran in view of Qian discloses the mobile terminal as discussed in the rejection of claim 7. The combined system further discloses wherein the first location information includes the latitude, longitude, and altitude of the mobile terminal (taught by Tran; ¶ [0017] and ¶ [0048]).
Regarding claim 9, Tran in view of Qian discloses the mobile terminal as discussed in the rejection of claim 7. The combined system further discloses wherein the first bandwidth information is information related with the first location information (taught by Tran; ¶ [0027], ¶ [0032]-[0035], ¶ [0039]-[0042] and ¶ [0049]-[0053]; and taught by Qian; ¶ [0004]-[0009] and ¶ [0018]-[0020]).
Regarding claim 10, Tran in view of Qian discloses the mobile terminal as discussed in the rejection of claim 7. The combined system further discloses wherein the first bandwidth information includes information on the range of a specific area including the mobile terminal's location related with the first location information (taught by Tran; Figure 2C and ¶ [0046]-[0049]).
Regarding claim 11, Tran in view of Qian discloses the mobile terminal as discussed in the rejection of claim 10. The combined system is silent about the video stream transmitting unit does not transmit the first location information unless the mobile terminal's location is outside the range of a specific area.
The examiner takes OFFICIAL NOTICE that it was notoriously well-known in the art before the effective filing date of the claimed invention to not transmit the first location information unless the mobile terminal's location is outside the range of a specific area.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined system of Tran and Qian with the well-known feature of not transmit the first location information unless the mobile terminal's location is outside the range of a specific area, so to preserve the battery of the mobile terminal.
Claims 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Tran et al (US 2023/0309072) in view of Shahid et al (US 2024/0089845) and further in view of Qian et al (CN 115022685A – an English translation provided herein with the cited paragraphs corresponding to the original document).
Regarding claim 12, Tran discloses a video streaming method comprising:
a video receiving process in which a first mobile terminal receives a first video from a camera mounted on the mobile terminal and encodes the same (¶ [0031] and ¶ [0096] for receiving surveillance video from a camera; and ¶ [0072] for encoding data signals in network communication);
a location data obtaining process in which the first mobile terminal obtains first location information of the mobile terminal from a sensor mounted on the mobile terminal (¶ [0098] for obtaining a location information of a UAV/drone);
a video stream transmitting process in which the first mobile terminal generates a video stream packet including the encoded, first video and the first location information and transmits the video stream packet to a video streaming apparatus (¶ [0017], ¶ [0027], ¶ [0031]-[0033], ¶ [0050]-[0051] and ¶ [0099] for transmitting surveillance video stream and current location of a UAV/drone to a network element; and ¶ [0086]-[0088] for generating and packetizing data streams to transmit through a mobile network platform);
a stream receiving process in which the video streaming apparatus receives a video stream packet including a first video and first location information (¶ [0017], ¶ [0031]-[0033] and ¶ [0050]-[0051] for receiving surveillance video streaming and current location from a UAV/drone);
a location information obtaining process in which the video streaming apparatus obtains the first location information of the first mobile terminal from the video stream packet (Figure 2A; ¶ [0027], ¶ [0033] and ¶ [0050] for obtaining the current location of the UAV);
a bandwidth information obtaining process in which the video streaming apparatus obtains first bandwidth information of the first mobile terminal according to the first location information (¶ [0027], ¶ [0032]-[0035], ¶ [0039]-[0042] and ¶ [0049]-[0053] for obtaining network state information including current bandwidth available for the drone operation according to the UAV’s current location);
a bandwidth information transmitting process in which the video streaming apparatus transmits the first bandwidth information to the first mobile terminal (¶ [0035] and ¶ [0041] for providing operational information including flight paths, each having different bandwidth available to the UAV).
Tran discloses a store of network state information collected within communication network from network elements, UEs and UAVs is used to retrieve network state information including bandwidth available (¶ [0051]), but is silent about obtaining bandwidth information by referring to a bandwidth table which stores multiple pieces of bandwidth information related with the first mobile terminal according to multiple pieces of location information. Tran also is silent about the first mobile terminal decides a resolution for encoding the first video according to the first bandwidth information.
Shahid discloses obtaining location information of the first mobile terminal (¶ [0011] and ¶ [0045] for receiving measurement reports including geographic locations information from wireless devices); obtaining first bandwidth information of the first mobile terminal by referring to a bandwidth table of the first mobile terminal according to the first location information, wherein the bandwidth table stores multiple pieces of bandwidth information related with the first mobile terminal according to multiple pieces of location information (¶ [0010]-[0011], ¶ [0033] and ¶ [0045] for receiving measurement reports or a lookup table stores measurements on radio access technology (RATs) of aggregate bandwidths and location information of wireless devices including a drone (Figure 1); and ¶ [0046]-[0047] for determining a particular RAT priority order of aggregate bandwidth by using the measurement reports or lookup table according to the wireless device’s geographic location); and transmitting the first bandwidth information to the first mobile terminal (¶ [0049]-[0050] for transmitting the RAT priority order of bandwidth to the wireless device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tran system with the teaching of Shahid, so to provide an alternative way of obtaining and storing bandwidth information corresponding to location information into a data structure as a matter of designed choices.
Qian discloses an unmanned aerial vehicle (UAV) collects video image, obtains a current position information of the UAV, determining bandwidth available and generating video data according to bandwidth available by adjusting resolution, frame rate, etc. to encode video data and transmitting video data to a remote collecting device (¶ [0004]-[0009], ¶ [0018]-[0020], ¶ [0068]-[0071] and ¶ [0097]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tran in view of Shahid system with the teaching of Qian, so to provide an enhanced system for a capability of adjusting video data in time according to network condition in order to avoid the image transmission effect not stable.
Regarding claim 13, Tran in view of Shahid and further in view of Qian discloses the method as discussed in the rejection of claim 12. The combined system further discloses wherein the bandwidth table stores multiple pieces of bandwidth information related with the first mobile terminal according to multiple pieces of location information (taught by Shahid; ¶ [0010]-[0011], ¶ [0033] and ¶ [0045]).
Regarding claim 14, Tran in view of Shahid and further in view of Qian discloses the method as discussed in the rejection of claim 13. The combined system further discloses wherein the bandwidth table stores bandwidth information related to a waypoint through which a plurality of mobile terminals including the first mobile terminal fly(taught by Shahid; ¶ [0010]-[0011], ¶ [0033] and ¶ [0045]), wherein bandwidth information for each piece of location information is stored based on the number of mobile terminals included in the waypoint (taught by Tran; ¶ [0051]).
Regarding claim 15, Tran in view of Shahid and further in view of Qian discloses the method as discussed in the rejection of claim 12. The combined system further discloses wherein the first bandwidth information includes information on the range of a specific area including the mobile terminal's location related with the first location information (taught by Tran; Figure 2C and ¶ [0046]-[0049]; and taught by Shahid; ¶ [0049]-[0050]).
Regarding claim 16, Tran in view of Shahid and further in view of Qian discloses the method as discussed in the rejection of claim 15. The combined system is silent about the video stream transmitting process does not transmit the first location information unless the mobile terminal's location is outside the range of a specific area.
The examiner takes OFFICIAL NOTICE that it was notoriously well-known in the art before the effective filing date of the claimed invention to not transmit the first location information unless the mobile terminal's location is outside the range of a specific area.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combined system of Tran, Shahid and Qian with the well-known feature of not transmit the first location information unless the mobile terminal's location is outside the range of a specific area, so to preserve the battery of the mobile terminal.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIGI L DUBASKY whose telephone number is (571)270-5686. The examiner can normally be reached M-F 9:00-5:00.
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/GIGI L DUBASKY/Primary Examiner, Art Unit 2421