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 .
Response to Amendment
This office action is in response to amendments filed on 03/24/2026.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 7-9, 12, 14-16, and 18-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perry (US Pub. No. 2019/0282898 A1).
As per claims 1 and 21-22, Perry teaches a computer-implemented method (abstract directed towards a method of cloud streaming including caching textures on a client device), non-transitory computer-readable media that store instructions, and system comprising: one or more processors, and one or more non-transitory computer-readable media that store instructions which, when executed by the one or more processors (paragraph [0037] see servers which would include processors and memory which perform the described functions of the claim), cause the one or more processors to perform operations comprising comprising: receiving, by a cloud gaming computing system via a communication channel, a request from a client device to initiate gameplay of a cloud video game (Fig. 5, item 500 and paragraphs [0086]-[0087] requests to play a cloud game is received at the server); executing the cloud video game on a computing device of the cloud gaming computing system (Fig. 5, item 520 and paragraph [0087] server executes the cloud game); providing, in a memory associated with the cloud gaming computing system, a texture coding scheme comprising a plurality of identifiers that each correspond to a respective video game texture, each video game texture being associated with respective image data (paragraphs [0019], [0021]-[0022], and [0069] process includes the cloud server identifying visual assets to be cached on the client and providing identification information including location and placement. Examiner further recognizes this is the visual appearance of the asset and therefore the texture which is defined as “the visual or tactile surface characteristics and appearance of something”); generating, by the cloud gaming computer system, a stream (Fig. 5, item 524 and paragraphs [0074] and [0088] server generates and transmits the stream), comprising: receiving data from the computing device that is executing the cloud video game, the received data identifying video game textures that are to be included in the stream, and providing texture data for the identified video game textures that are to be included in the stream, the texture data comprising at least one identifier from the texture coding scheme (paragraphs [0019], [0021]-[0022], and [0069] process includes the cloud server identifying textures to be cached on the client and providing identification information including location and placement), that represents the image data associated with the corresponding video game texture (paragraphs [0019], [0021]-[0022], and [0069] process includes the cloud server identifying textures to be cached on the client and providing identification information including location and placement); and sending the stream that includes the texture data to the client device via the communication channel (Fig. 5, item 524 and paragraphs [0074] and [0088] server generates and transmits the stream).
As per claim 2, Perry teaches a method wherein: the received data and the stream further comprise geometry data and texture metadata that defines how to apply the texture data to the geometry data (paragraphs [0021]-[0022] data includes texture data to apply and location to apply).
As per claim 7, Perry teaches a method wherein providing the texture data includes providing a respective identifier from the texture coding scheme for each of the plurality of video game textures that are to be included in the stream, the texture data in the stream does not including any image data (paragraphs [0021]-[0022] data includes texture data to apply and location to apply. This is different than visual data sent since it is specific to the caching function).
As per claim 8, Perry teaches a method wherein the received data includes image data associated with one or more of the plurality of video game textures to be included in the stream, wherein providing the texture data comprises substituting the image data of one or more of the plurality of video game textures with the corresponding identifier from the texture coding scheme (paragraph [0019] video is sent and cached assets are assembled into the video).
As per claim 9, Perry teaches a method wherein the received data comprises for at least one video game texture (paragraph [0019] mixed stream which includes the assets to be cached), a filename or code (paragraph [0021] identifier which is the code for identifying the asset) that is associated with the video game texture (paragraphs [0019]-[0021]).
As per claim 12, Perry teaches a method wherein: each video game texture relates to one or more of a base colour (claim 7 and paragraph [0019] color would be part of appearance), alpha transparency (claim 7), roughness, metallicity, specularity, glossiness, normal map, displacement map, depth map, light map (paragraph [0133] see light sources), or shadow map.
As per claim 14, Perry teaches a method wherein: the received data and the stream further comprise audio data and/or game data (Fig. 5, item 524 and paragraphs [0074] and [0088] server generates and transmits the stream).
As per claim 15, Perry teaches a method further comprising: compressing the stream prior to transmission (paragraph [0043]).
As per claim 16, Perry teaches a method wherein: the client device is a gaming console, personal computer, laptop, tablet computer, or mobile device (paragraph [0095]).
As per claim 18, Perry teaches a computer-implemented method (abstract directed towards a method of cloud streaming including caching textures on a client device) comprising: providing, in a memory associated with a client device, a texture coding scheme comprising a plurality of identifiers, that each corresponds to a respective video game texture, each video game texture being associated with respective image data (paragraphs [0019], [0021]-[0022], and [0069] process includes the cloud server identifying visual assets to be cached on the client and providing identification information including location and placement. Examiner further recognizes this is the visual appearance of the asset and therefore the texture which is defined as “the visual or tactile surface characteristics and appearance of something”); outputting a request from the client device to initiate gameplay of a cloud video game (Fig. 5, item 500 and paragraphs [0086]-[0087] requests to play a cloud game is received at the server); receiving, at the client device, a stream comprising texture data that each including one or more identifiers (Fig. 5, item 524 and paragraphs [0074] and [0088] server generates and transmits the stream); processing the stream at the client device, comprising substituting each identifier with the image data of the corresponding video game texture that is defined in the texture coding scheme (paragraph [0019] video is assembled using streamed data and cached assets); and rendering the video game at the client device (Fig. 5, item 514 and paragraph [0019]).
As per claim 19, Perry teaches a method wherein: the texture coding scheme is stored in a memory of the client device (paragraph [0019] see cache).
As per claim 20, Perry teaches a method wherein: the texture coding scheme is stored remotely and is accessed by the client device (paragraph [0019] part of the mixed stream).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3, 4-5, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perry (US Pub. No. 2019/0282898 A1) in view of Fortin (US Pub. No. 2016/0210722 A1).
As per claim 3, Perry does not teach a method wherein: the geometry data includes 3D mesh data, or geometry vertex data for a plurality of virtual objects in a scene of the cloud video game. However, Perry teaches 3D environments to render (paragraph [0132]) and Fortin teaches a rendering method (abstract) including 3D meshes with vertex data to be rendered (paragraph [0121]-[0129]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Perry with Fortin, since Perry is modifiable to include the 3D data of Fortin in order to support 3D games while still caching in advance visual assets in order to reduce required data to send from the cloud server.
As per claim 4, Perry does not specifically teach a method wherein: the received data and the stream further comprise shader data. However, Fortin teaches a computer rendering process (abstract) comprising shader data (paragraphs [0136] and [0145]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Perry with Fortin, since Perry is modifiable to shader information in order to better display images in a game and provide a enjoyable visual experience for a player while reducing data requirements of a stream.
As per claim 5, Perry does not specifically teach a method wherein: the shader data includes information identifying one or more shader programs to be used with the texture data; and/or the shader data includes one or more shader programs to be used with the texture data. However, Fortin teaches a computer rendering process (abstract) comprising shader data (paragraphs [0136] and [0145]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Perry with Fortin, since Perry is modifiable to shader information in order to better display images in a game and provide an enjoyable visual experience for a player while reducing data requirements of a stream. As for what data is included, such as shader programs to use, this is a design choice on how specific a developer wants to be with the data in order to control the image or to reduce visual data that needs to be included in the video data stream.
As per claim 13, Perry does not specifically teach a method wherein: each identifier is at least one unique numeric or alphanumeric character. However, Fortin teaches a computer rendering process (abstract) comprising a texture database with associated unique identifiers (Fig. 6B and paragraph [0110])). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Perry with Fortin, since Perry is modifiable to use the specific database storage method of Fortin which allows for long term storage of the visual assets and reducing the need to resend.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perry (US Pub. No. 2019/0282898 A1) in view of Hunter (US Pub. No. 2018/0361235 A1).
As per claim 10, Perry does not specifically teach a method further comprising: monitoring API calls by the computing device executing the cloud video game to obtain the filename or code associated with at least one video game texture to be included in the stream. However, Perry teaches a code, or identifier, for visual data (paragraphs [0019]-[0021]) and Hunter teaches a cloud computing system which uses API for calls between devices (paragraph [0038]). Hence, it would have been obvious to one of ordinary skill in the art at the time of filing to have combined the teachings of Perry with Hunter, since Perry is modifiable to use the well-known feature of API for making calls in order to avoid having to implement a new standard which would require additional work or resources.
As per claim 11, Perry teaches a method wherein providing the texture data comprises substituting the filename or code associated with one or more of the video game textures with the corresponding identifier from the texture coding scheme (paragraphs [0019]-[0021] the code is the identifier. Specifically it is the code for what identifier is used).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bao et al. (US Pub. No. 2024/0212258 A1) teaches a cloud computing system wherein "transcoded versions of the textures for caching based on the information on the one or more games being executed in the one or more cloud gaming instances" paragraph [0040].
Abhishek (US Pub. No. 2024/0082709 A1) teaches a gaming system "textures can be preloaded at the client device when the game is installed, which also reduces bandwidth consumption" paragraph [0029].
Wilson et al. (US Pub. No. 2023/0367620 A1) teaches a cloud computing environment "pre-loading a software application in a cloud computing environment. A method can include sending a pre-load request to pre-load a first portion of data for an application hosted at an application hosting platform" abstract.
Afra et al. (US Pub. No. 2017/0178398 A1) "ray sorting logic to sort the rays within the ray stream based on a material identifier (ID) associated with each of the rays to generate a sorted ray stream; and one or more shaders to perform shading operations on rays within the sorted ray stream in an order in which the rays are sorted within the sorted ray stream" abstract.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN L MYHR whose telephone number is (571)270-7847. The examiner can normally be reached 10AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached at (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN L MYHR/Primary Examiner, Art Unit 3715 7/14/2026
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