Prosecution Insights
Last updated: July 17, 2026
Application No. 18/989,176

OPTIMIZING MEDIA EXPERIENCE IN CONFERENCING WITH DIVERSE PARTICIPANTS

Non-Final OA §103
Filed
Dec 20, 2024
Priority
Jun 04, 2021 — provisional 63/197,214 +1 more
Examiner
MOHAMMED, ASSAD
Art Unit
Tech Center
Assignee
Apple Inc.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1y 6m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
441 granted / 600 resolved
+13.5% vs TC avg
Moderate +11% lift
Without
With
+11.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
16 currently pending
Career history
617
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
97.0%
+57.0% vs TC avg
§102
0.9%
-39.1% vs TC avg
§112
0.9%
-39.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 600 resolved cases

Office Action

§103
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 . Double Patenting 1. 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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 1. A non-transitory machine readable medium storing executable program instructions which when executed by a first data processing system cause the first data processing system to perform a method in an environment that includes the first data processing system and a second data processing system and a third data processing system and a server, the method comprising: transmitting, by the first data processing system to the server, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference; receiving, by the first data processing system, a second set of codec capabilities of the second data processing system, the second set of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference; receiving, at the first data processing system, a request from the second data processing system to receive a first stream, encoded with a first codec, in the AV conference, the first codec in the first set of codecs in the first data processing system; transmitting, by the first data processing system to the server, the first stream for delivery to the second data processing system; receiving, by the first data processing system, a request from the third data processing system for a second stream, encoded with a second codec, in the AV conference, the second codec being in the first set of codecs and being different than the first codec ;creating, on demand and in response to the request from the third data processing system, the second stream in the AV conference; and transmitting the second stream to the server for delivery to the third data processing system while the first data processing system continues to transmit the first stream to the server for delivery to the second data processing system. 1. A non-transitory machine readable medium storing executable program instructions which when executed by a first data processing system cause the first data processing system to perform a method in an environment that includes the first data processing system and a second data processing system and a third data processing system and a server, the method comprising: transmitting, by the first data processing system to the server, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first plurality of codecs in the first data processing system that are available for use in an audiovisual (AV) conference, wherein each codec in the first plurality of codecs and in the second plurality of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference; receiving, by the first data processing system, a second plurality of codec capabilities of the second data processing system, the second set of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference; receiving, at the first data processing system, a request from the second data processing system to receive a first stream, encoded with a first codec, in the AV conference, the first codec in the first plurality of codecs in the first data processing system; transmitting, by the first data processing system to the server, the first stream for delivery to the second data processing system; receiving, by the first data processing system, a request from the third data processing system for a second stream, encoded with a second codec, in the AV conference, the second codec being in the first plurality of codecs and being different than the first codec, wherein the first codec is available for use in the first and second data processing systems but not available for the third data processing systems, the second codec is a codec that is common to and available for use in the first, the second and the third data processing systems, and the second codec is a common codec for usage among the first, second, and third data processing systems when a fallback condition exists; creating, on demand and in response to the request from the third data processing system, the second stream in the AV conference; and transmitting the second stream to the server for delivery to the third data processing system while the first data processing system continues to transmit the first stream to the server for delivery to the second data processing system. Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 2. The non-transitory machine readable medium as in claim 1, wherein each codec in the first set of codecs and in the second set of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference. 2. The non-transitory machine readable medium as in claim 1 wherein the first and the second data processing systems execute one or more versions of a first operating system during the AV conference and the third data processing system executes a second operating system during the AV conference. Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 4. The non-transitory machine readable medium as in claim 1 wherein the first and the second data processing systems execute one or more versions of a first operating system during the AV conference and the third data processing system executes a second operating system during the AV conference. 2. The non-transitory machine readable medium as in claim 1 wherein the first and the second data processing systems execute one or more versions of a first operating system during the AV conference and the third data processing system executes a second operating system during the AV conference. Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 5. (Original) The non-transitory machine readable medium as in claim 1, wherein the method further comprises: receiving, at the first data processing system, a third stream in the AV conference from the second data processing system, the third stream encoded with the first codec; decoding the third stream using the first codec; receiving, at the first data processing system, a fourth stream in the AV conference from the third data processing system, the fourth stream encoded with the second codec; decoding the fourth stream using the second codec at the first data processing system; and displaying video from the third stream, video from the fourth stream and video from the first stream on a display of the first data processing system. 3. The non-transitory machine readable medium as in claim 1, wherein the method further comprises: receiving, at the first data processing system, a third stream in the AV conference from the second data processing system, the third stream encoded with the first codec; decoding the third stream using the first codec; receiving, at the first data processing system, a fourth stream in the AV conference from the third data processing system, the fourth stream encoded with the second codec; decoding the fourth stream using the second codec at the first data processing system; and displaying video from the third stream, video from the fourth stream and video from the first stream on a display of the first data processing system. Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 6. The non-transitory machine readable medium as in claim 3, wherein the method further comprises: monitoring, by the first data processing system, one or more of: uplink bandwidth from the first data processing system, thermal data about a the thermal state of the first data processing system, or battery state about a battery in the first data processing system; in response to one or more conditions determined from the monitoring, switching from transmitting to the second data processing system the first stream to transmitting to the second data processing system the second stream. 4. The non-transitory machine readable medium as in claim 1, wherein the method further comprises: monitoring, by the first data processing system, one or more of: uplink bandwidth from the first data processing system, thermal data about a thermal state of the first data processing system, or battery state about a battery in the first data processing system; in response to one or more conditions determined from the monitoring, switching from transmitting to the second data processing system the first stream to transmitting to the second data processing system the second stream. Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 7. The non-transitory machine readable medium as in claim 6, wherein the switching comprises: associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system. 5. The non-transitory machine readable medium as in claim 4, wherein the switching comprises: associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system. Claim 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 8. The non-transitory machine readable medium as in claim 6, wherein the method further comprises: transmitting, by the first data processing system, an indication to the server, for delivery to the second data processing system, that the first data processing system has or will stop transmitting the first stream for delivery to the second data processing system; receiving a request, from the second data processing system, for the second stream; transmitting, by the first data processing system, the second stream to the server for delivery to the second data processing system. 6. The non-transitory machine readable medium as in claim 4, wherein the method further comprises: transmitting, by the first data processing system, an indication to the server, for delivery to the second data processing system, that the first data processing system has or will stop transmitting the first stream for delivery to the second data processing system; receiving a request, from the second data processing system, for the second stream; transmitting, by the first data processing system, the second stream to the server for delivery to the second data processing system. Claim 9 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 9. A method performed by a server in an environment that includes the server, a first data processing system and a second data processing system and a third data processing system, the method comprising: receiving, by the server from the first data processing system, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference; transmitting, by the server to the first data processing system, a second set of codec capabilities of the second data processing system, the second set of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference; transmitting, by the server to the first data processing system, a request from the second data processing system to receive a first stream, encoded with a first codec, in the AV conference, the first codec in the first set of codecs in the first data processing system; receiving, by the server from the first data processing system, the first stream for delivery to the second data processing system; transmitting, by the server to first data processing system, a request from the third data processing system for a second stream, encoded with a second codec, in the AV conference, the second codec being in the first set of codecs and being different than the first codec; and receiving the second stream at the server for delivery to the third data processing system while the server continues to transmit the first stream to the second data processing system. 7. A method performed by a server in an environment that includes the server, a first data processing system and a second data processing system and a third data processing system, the method comprising: receiving, by the server from the first data processing system, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first plurality of codecs in the first data processing system that are available for use in an audiovisual (AV) conference, wherein each codec in the first plurality of codecs and in the second plurality of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference; transmitting, by the server to the first data processing system, a second plurality of codec capabilities of the second data processing system, the second plurality of codec capabilities indicating a second plurality of codecs in the second data processing system that are available for use in the AV conference; transmitting, by the server to the first data processing system, a request from the second data processing system to receive a first stream, encoded with a first codec, in the AV conference, the first codec in the first plurality of codecs in the first data processing system; receiving, by the server from the first data processing system, the first stream for delivery to the second data processing system; transmitting, by the server to first data processing system, a request from the third data processing system for a second stream, encoded with a second codec, in the AV conference, the second codec being in the first set of codecs and being different than the first codec, wherein the first codec is available for use in the first and second data processing systems but not available for the third data processing systems, the second codec is a codec that is common to and available for use in the first, the second and the third data processing systems, and the second codec is a common codec for usage among the first, second, and third data processing systems when a fallback condition exists; and receiving the second stream at the server for delivery to the third data processing system while the server continues to transmit the first stream to the second data processing system. Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 12. The method as in claim 11, wherein the method further comprises: switching from transmitting to the second data processing system the first stream to transmitting to the second data processing system the second stream. 8. The method as in claim 7, wherein the method further comprises: switching from transmitting to the second data processing system the first stream to transmitting to the second data processing system the second stream. Claim 13 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 13. The method as in claim 12, wherein the switching comprises: receiving a stream identifier for the second stream to cause the server to forward the second stream to the second data processing system. 9. The method as in claim 8, wherein the switching comprises: receiving a stream identifier for the second stream to cause the server to forward the second stream to the second data processing system. Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 14. The method as in claim 12, wherein the method further comprises: receiving, by the server from the first data processing system, an indication, for delivery to the second data processing system, that the first data processing system has or will stop transmitting the first stream for delivery to the second data processing system; transmitting a request, from the second data processing system, for the second stream; receiving, by the server from the first data processing system, the second stream for delivery to the second data processing system. 10. The method as in claim 8, wherein the method further comprises: receiving, by the server from the first data processing system, an indication, for delivery to the second data processing system, that the first data processing system has or will stop transmitting the first stream for delivery to the second data processing system; transmitting a request, from the second data processing system, for the second stream; receiving, by the server from the first data processing system, the second stream for delivery to the second data processing system. Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 15. A method performed by a first data processing system in an environment that includes the first data processing system and a second data processing system and a third data processing system and a server, the method comprising: transmitting, by the first data processing system to the server, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference; receiving, by the first data processing system, a second set of codec capabilities of the second data processing system, the second set of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference; receiving, at the first data processing system, a request from the second data processing system to receive a first stream, encoded with a first codec, in the AV conference, the first codec in the first set of codecs in the first data processing system; transmitting, by the first data processing system to the server, the first stream for delivery to the second data processing system; receiving, by the first data processing system, a request from the third data processing system for a second stream, encoded with a second codec, in the AV conference, the second codec being in the first set of codecs and being different than the first codec; creating, on demand and in response to the request from the third data processing system, the second stream in the AV conference; and transmitting the second stream to the server for delivery to the third data processing system while the first data processing system continues to transmit the first stream to the server for delivery to the second data processing system.. 11. A method performed by a first data processing system in an environment that includes the first data processing system and a second data processing system and a third data processing system and a server, the method comprising: transmitting, by the first data processing system to the server, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first plurality of codecs in the first data processing system that are available for use in an audiovisual (AV) conference, wherein each codec in the first plurality of codecs and in the second plurality of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference; receiving, by the first data processing system, a second set of codec capabilities of the second data processing system, the second plurality of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference; receiving, at the first data processing system, a request from the second data processing system to receive a first stream, encoded with a first codec, in the AV conference, the first codec in the first plurality of codecs in the first data processing system; transmitting, by the first data processing system to the server, the first stream for delivery to the second data processing system; receiving, by the first data processing system, a request from the third data processing system for a second stream, encoded with a second codec, in the AV conference, the second codec being in the first plurality of codecs and being different than the first codec, wherein the first codec is available for use in the first and second data processing systems but not available for the third data processing systems, the second codec is a codec that is common to and available for use in the first, the second and the third data processing systems, and the second codec is a common codec for usage among the first, second, and third data processing systems when a fallback condition exists; creating, on demand and in response to the request from the third data processing system, the second stream in the AV conference; and transmitting the second stream to the server for delivery to the third data processing system while the first data processing system continues to transmit the first stream to the server for delivery to the second data processing system. Claim 18 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 18. The method as in claim 15 wherein the first and the second data processing systems execute one or more versions of a first operating system during the AV conference and the third data processing system executes a second operating system during the AV conference. 12. The method as in claim 11 wherein the first and the second data processing systems execute one or more versions of a first operating system during the AV conference and the third data processing system executes a second operating system during the AV conference. Claim 19 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 19. The method as in claim 15, wherein the method further comprises: receiving, at the first data processing system, a third stream in the AV conference from the second data processing system, the third stream encoded with the first codec; decoding the third stream using the first codec; receiving, at the first data processing system, a fourth stream in the AV conference from the third data processing system, the fourth stream encoded with the second codec; decoding the fourth stream using the second codec at the first data processing system; and displaying video from the third stream, video from the fourth stream and video from the first stream on a display of the first data processing system. 13. The method as in claim 11, wherein the method further comprises: receiving, at the first data processing system, a third stream in the AV conference from the second data processing system, the third stream encoded with the first codec; decoding the third stream using the first codec; receiving, at the first data processing system, a fourth stream in the AV conference from the third data processing system, the fourth stream encoded with the second codec; decoding the fourth stream using the second codec at the first data processing system; and displaying video from the third stream, video from the fourth stream and video from the first stream on a display of the first data processing system. Claim 20 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 20. The method as in claim 17, wherein the method further comprises: monitoring, by the first data processing system, one or more of: uplink bandwidth from the first data processing system, thermal data about a thermal state of the first data processing system, or battery state about a battery in the first data processing system ;in response to one or more conditions determined from the monitoring, switching from transmitting to the second data processing system the first stream to transmitting to the second data processing system the second stream. 14. The method as in claim 11, wherein the method further comprises: monitoring, by the first data processing system, one or more of: uplink bandwidth from the first data processing system, thermal data about a thermal state of the first data processing system, or battery state about a battery in the first data processing system; in response to one or more conditions determined from the monitoring, switching from transmitting to the second data processing system the first stream to transmitting to the second data processing system the second stream. Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 21. The method as in claim 20, wherein the switching comprises: associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system. 15. The method as in claim 14, wherein the switching comprises: associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system and the first codec is available for use in the first and second data processing systems but not available for the third data processing systems. Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 22. The method as in claim 20, wherein the method further comprises: transmitting, by the first data processing system, an indication to the server, for delivery to the second data processing system, that the first data processing system has or will stop transmitting the first stream for delivery to the second data processing system ;receiving a request, from the second data processing system, for the second stream; transmitting, by the first data processing system, the second stream to the server for delivery to the second data processing system. 16. The method as in claim 14, wherein the method further comprises: transmitting, by the first data processing system, an indication to the server, for delivery to the second data processing system, that the first data processing system has or will stop transmitting the first stream for delivery to the second data processing system; receiving a request, from the second data processing system, for the second stream; transmitting, by the first data processing system, the second stream to the server for delivery to the second data processing system. Claim 23 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. 12,200,401. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the application are broader than those in the allowed application 12,200,401. SN 18/989,176 SN 17/661,947 Patent 12,200,401 23. A non-transitory machine readable medium storing executable program instructions which when executed by a first data processing system cause the first data processing system to perform a method in an environment that includes the first data processing system and a second data processing system and a server, the method comprising: transmitting, by the first data processing system to the server, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference; receiving, by the first data processing system, a second set of codec capabilities of the second data processing system, the second set of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference; transmitting, by the first data processing system to the server, a request for a first stream encoded by a first codec at the second data processing system, the request based on criteria at the first data processing system of a highest quality codec that is common to the first and the second sets of codecs. 17. A non-transitory machine readable medium storing executable program instructions which when executed by a first data processing system cause the first data processing system to perform a method in an environment that includes the first data processing system and a second data processing system and a server, the method comprising: transmitting, by the first data processing system to the server, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference, wherein each codec in the first plurality of codecs and in the second plurality of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference; receiving, by the first data processing system, a second set of codec capabilities of the second data processing system, the second set of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference; transmitting, by the first data processing system to the server, a request for a first stream encoded by a first codec at the second data processing system, the request based on criteria at the first data processing system of a highest quality codec that is common to the first and the second sets of codecs, wherein a second codec being in the first plurality of codecs and being different than the first codec, is used between the first data processing system and a third data processing system, the first codec is available for use in the first and second data processing systems but not available for the third data processing systems, the second codec is a codec that is common to and available for use in the first, the second and the third data processing systems, and the second codec is a common codec for usage among the first, second, and third data processing systems when a fallback condition exists. Allowable Subject Matter 2. Claim 8, 14, 22 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. Claim Rejections - 35 USC § 103 3. 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. 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. 4. Claim(s) 1, 9, 15, 23 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2013/0208075A1) in view of Leung et al. (US 2017/0006078). Regarding claim 1, Lu teaches a non-transitory machine readable medium storing executable program instructions which when executed by a first data processing system cause the first data processing system to perform a method in an environment that includes the first data processing system (140, "desktop computer", fig. 1) and a second data processing system (150, "laptop", fig. 1) and a third data processing system (130, "tablet near1 computer", fig. 1) and a server (110, fig. 1, [0015]-[0018]), the method comprising: transmitting, by the first data processing system to the server, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference (see fig. 2-3, ¶ 0016, 0019, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server.), receiving, by the first data processing system, a second set of codec capabilities of the second data processing system, the second set of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference (see fig. 2-3, ¶ 0016, 0019, 0023-0024, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities.); receiving, at the first data processing system, a request from the second data processing system to receive a first stream, encoded with a first codec, in the AV conference, the first codec in the first set of codecs in the first data processing system (see fig. 3, 0027-0030, 0033, 0036. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.); transmitting, by the first data processing system to the server, the first stream for delivery to the second data processing system (see fig. 3, 0027-0030, 0033, 0036. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.), receiving, by the first data processing system, a request from the third data processing system for a second stream, encoded with a second codec, in the AV conference, the second codec being in the first set of codecs and being different than the first codec (see fig. 3, 0027-0030, 0033, 0036. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.); creating, on demand and in response to the request from the third data processing system, the second stream in the AV conference (see ¶ 0068. The system can process the stream based on the capabilities of each component of the device.); and transmitting the second stream to the server for delivery to the third data processing system while the first data processing system continues to transmit the first stream to the server for delivery to the second data processing system (see figs. 1-6; ¶ 0031-0051, 0070-0071). Lu discloses device capabilities with have multiple components and firmware/software to process received streams. Leung discloses device capabilities that are sent to the terminal gateway for processing. Each device having different codecs in which will determine support for the streams (see fig. 1, 4, ¶ 0009, 0062-0064, 0085-0095). The combination of Leung to Lu provide the codec processing in which each device having multiple different codecs that processes the streams provide from the terminal gateway. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate a device having multiple codecs that the terminal gateway will receive and provide the stream to the device based on the codec component. The modifications provides for each device having multiple codecs in which process the stream in different ways based on the capabilities of each device. Regarding claim 9, Lu teaches a method performed by a server in an environment that includes the server, a first data processing system (140, "desktop computer", fig. 1) and a second data processing system (150, "laptop", fig. 1) and a third data processing system (130, "tablet near1 computer", fig. 1) and a server (110, fig. 1, ¶0015-0018), the method comprising: receiving, by the server from the first data processing system, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference (see fig. 2-3, ¶ 0016, 0019, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server.), transmitting, by the server to the first data processing system, a second set of codec capabilities of the second data processing system, the second set of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference (see fig. 2-3, ¶ 0016, 0019, 0023-0024, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities.); receiving, by the server from the first data processing system, the first stream for delivery to the second data processing system; transmitting, by the server to first data processing system, a request from the third data processing system for a second stream, encoded with a second codec, in the AV conference, the second codec being in the first set of codecs and being different than the first codec (see fig. 3, 0027-0030, 0033, 0036. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.); transmitting, by the server to the first data processing system, a request from the second data processing system to receive a first stream, encoded with a first codec, in the AV conference, the first codec in the first set of codecs in the first data processing system (see fig. 3, 0027-0030, 0033, 0036. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.), and receiving the second stream at the server for delivery to the third data processing system while the server continues to transmit the first stream to the second data processing system (see fig. 1-6, 0027-0031-0051, 0070-0071. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.). Lu discloses device capabilities with have multiple components and firmware/software to process received streams. Leung discloses device capabilities that are sent to the terminal gateway for processing. Each device having different codecs in which will determine support for the streams (see fig. 1, 4, ¶ 0009, 0062-0064, 0085-0095). The combination of Leung to Lu provide the codec processing in which each device having multiple different codecs that processes the streams provide from the terminal gateway. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate a device having multiple codecs that the terminal gateway will receive and provide the stream to the device based on the codec component. The modifications provides for each device having multiple codecs in which process the stream in different ways based on the capabilities of each device. Regarding claim 15, Lu teaches a method performed by a first data processing system in an environment that includes the first data processing system (140, "desktop computer", fig. 1) and a second data processing system (150, "laptop", fig. 1) and a third data processing system (130, "tablet near1 computer", fig. 1) and a server (110, fig. 1, ¶ 0015-0018), the method comprising: transmitting, by the first data processing system to the server, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference (see fig. 2-3, ¶ 0016, 0019, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server.), receiving, by the first data processing system, a second set of codec capabilities of the second data processing system, the second set of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference; receiving, at the first data processing system, a request from the second data processing system to receive a first stream, encoded with a first codec, in the AV conference, the first codec in the first set of codecs in the first data processing system (see fig. 2-3, ¶ 0016, 0019, 0023-0024, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities.); transmitting, by the first data processing system to the server, the first stream for delivery to the second data processing system (see fig. 3, 0027-0030, 0033, 0036. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.); receiving, by the first data processing system, a request from the third data processing system for a second stream, encoded with a second codec, in the AV conference, the second codec being in the first set of codecs and being different than the first codec (see fig. 3, 0027-0030, 0033, 0036. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.); creating, on demand and in response to the request from the third data processing system, the second stream in the AV conference (see ¶ 0068. The system can process the stream based on the capabilities of each component of the device.); and transmitting the second stream to the server for delivery to the third data processing system while the first data processing system continues to transmit the first stream to the server for delivery to the second data processing system (see figs. 1-6; ¶ 0031-0051, 0070-0071). Lu discloses device capabilities with have multiple components and firmware/software to process received streams. Leung discloses device capabilities that are sent to the terminal gateway for processing. Each device having different codecs in which will determine support for the streams (see fig. 1, 4, ¶ 0009, 0062-0064, 0085-0095). The combination of Leung to Lu provide the codec processing in which each device having multiple different codecs that processes the streams provide from the terminal gateway. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate a device having multiple codecs that the terminal gateway will receive and provide the stream to the device based on the codec component. The modifications provides for each device having multiple codecs in which process the stream in different ways based on the capabilities of each device. Regarding claim 23, Lu teaches a non-transitory machine readable medium storing executable program instructions which when executed by a first data processing system cause the first data processing system to perform a method in an environment that includes the first data processing system (140, "desktop computer", fig. 1) and a second data processing system (150, "laptop", fig. 1) and a third data processing system (130, "tablet near1 computer", fig. 1) and a server (110, fig. 1, ¶ 0015-0018), the method comprising: transmitting, by the first data processing system to the server, codec capabilities of the first data processing system, the codec capabilities of the first data processing system indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference (see fig. 2-3, ¶ 0016, 0019, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server.), receiving, by the first data processing system, a second set of codec capabilities of the second data processing system, the second set of codec capabilities indicating a second set of codecs in the second data processing system that are available for use in the AV conference (see fig. 2-3, ¶ 0016, 0019, 0023-0024, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities.); transmitting, by the first data processing system to the server, a request for a first stream encoded by a first codec at the second data processing system, the request based on criteria at the first data processing system of a highest quality codec that is common to the first and the second sets of codecs (see figs. 1-6; ¶ 0027-0028, 0031-0051, 0070-0071). Lu discloses device capabilities with have multiple components and firmware/software to process received streams. Leung discloses device capabilities that are sent to the terminal gateway for processing. Each device having different codecs in which will determine support for the streams (see fig. 1, 4, ¶ 0009, 0062-0064, 0085-0095). The combination of Leung to Lu provide the codec processing in which each device having multiple different codecs that processes the streams provide from the terminal gateway. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate a device having multiple codecs that the terminal gateway will receive and provide the stream to the device based on the codec component. The modifications provides for each device having multiple codecs in which process the stream in different ways based on the capabilities of each device. 5. Claim(s) 24 is rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2013/0208075A1) in view of Leung et al. (US 2017/0006078) in further view of Ravishankar et al. (US 2005/0013309). Regarding claim 24, Lu teaches a performed by a server in an environment that includes the server (110, fig. 1, [0015]-[0018]), a first data processing system (140, "desktop computer", fig. 1) and a second data processing system (150, "laptop", fig. 1) and a third data processing system (130, "tablet near1 computer", fig. 1), the method comprising: receiving, by the server from the first data processing system, identification of codec capabilities of the first data processing system, the identification indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference (see fig. 2-3, ¶ 0016, 0019, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server.), receiving, by the server from the second data processing system, identification of codec capabilities of the second data processing system, the identification indicating a second set of codecs in the second data processing system that are available for use in the AV conference (see fig. 2-3, ¶ 0016, 0019, 0023-0024, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities.); in response to a request from the third processing system to join the AV conference: receiving, by the server from the third data processing system, identification of codec capabilities of the third data processing system, the identification indicating a second set of codecs in the second data processing system that are available for use in the AV conference (see fig. 3, 0027-0030, 0033, 0036. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.); receiving, by the first data processing system, a request from the third data processing system for a second stream, encoded with a second codec, in the AV conference, the second codec being in the first set of codecs and being different than the first codec (see fig. 1-6, 0027-0030-0051, 0070-0071. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.). Lu discloses device capabilities with have multiple components and firmware/software to process received streams. However Lu is vague on the identification indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference, each codec associated with a respective coding quality. Leung teaches the identification indicating a first set of codecs in the first data processing system that are available for use in an audiovisual (AV) conference (see fig. 1, 4, ¶ 0009, 0062-0064, 0085-0095. The device capabilities are sent to the terminal gateway for processing. Each device having different codecs in which will determine support for the streams. The identification of the will be provided wherein a list is provided in the message that indicates device capabilities per codec.). The combination of Leung to Lu provide the codec processing in which each device having multiple different codecs that processes the streams provide from the terminal gateway. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate a device having multiple codecs that the terminal gateway will receive and provide the stream to the device based on the codec component. The modifications provides for each device having multiple codecs in which process the stream in different ways based on the capabilities of each device. Ravishankar teaches each codec associated with a respective coding quality (see ¶ 0045-0046. Endpoints having different capabilities having codec that is capable of supporting quality video. The system can negotiate bit rates based on the codec in order to provide quality video streaming.). The combination of Ravishankar to Leung and Lu provide the codec processing in which each device having multiple different codecs that processes the streams provide from the terminal gateway. This will provide quality video streaming based on codec and negotiating bit rates for better quality videos. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu and Leung to incorporate processing in which each device having multiple different codecs that processes the streams provide from the terminal gateway. This will provide quality video streaming based on codec and negotiating bit rates for better quality videos. The modifications provides quality video streaming based on codec and negotiating bit rates for better quality videos. 6. Claim(s) 2, 3, 4, 5, 6, 10, 11, 12, 16, 17, 18, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2013/0208075A1) in view of Leung et al. (US 2017/0006078). Regarding claim 2, Lu does not teach the non-transitory machine readable medium as in claim 1, wherein each codec in the first set of codecs and in the second set of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference. Leung teaches wherein each codec in the first set of codecs and in the second set of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference (see fig. 1, 4, ¶ 0009, 0062-0064, 0085-0095. The device capabilities are sent to the terminal gateway for processing. Each device having different codecs in which will determine support for the streams.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate a device having multiple codecs that the terminal gateway will receive and provide the stream to the device based on the codec component. The modifications provides for each device having multiple codecs in which process the stream in different ways based on the capabilities of each device. Regarding claim 3, Lu teaches the non-transitory machine readable medium as in claim 1, wherein the second codec is a codec that is common to and available for use in the first, the second and the third data processing systems (see ¶ 0028-0030. The conference server 110, the sender client 120 may use a single data stream 302 to service two receiver clients (130, 140) having different capabilities. The system determines the different device capabilities. However to determine if the third device is available is a broad but it can be understood as the device being turned off or not part of the conference session. Therefore the system will determine the device availability.). Regarding claim 4, Lu teaches the non-transitory machine readable medium as in claim 1 wherein the first and the second data processing systems execute one or more versions of a first operating system during the AV conference and the third data processing system executes a second operating system during the AV conference (see fig. 6; ¶ 0070-0071. Each device having an operating system will be able to execute processing commands for each device. Each device can have different operating systems which will depending on device make as well as operating system. This would make it broad to interpretation as to device make, model and operating system.). Regarding claim 5, Lu teaches the non-transitory machine readable medium as in claim 1, wherein the method further comprises: receiving, at the first data processing system, a third stream in the AV conference from the second data processing system, the third stream encoded with the first codec; decoding the third stream using the first codec; receiving, at the first data processing system, a fourth stream in the AV conference from the third data processing system, the fourth stream encoded with the second codec; decoding the fourth stream using the second codec at the first data processing system; and displaying video from the third stream, video from the fourth stream and video from the first stream on a display of the first data processing system (see figs. 2-3; ¶ 0025 – 0030. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.). Regarding claim 6, Lu teaches the non-transitory machine readable medium as in claim 3, wherein the method further comprises: monitoring, by the first data processing system, one or more of: uplink bandwidth from the first data processing system, thermal data about a thermal state of the first data processing system, or battery state about a battery in the first data processing system; in response to one or more conditions determined from the monitoring, switching from transmitting to the second data processing system the first stream to transmitting to the second data processing system the second stream (see ¶ 0036, 0040, 0051. The system processes the device capabilities which can be one of a bandwidth. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities ). Regarding claim 10, Lu does not teach the method as in claim 9, wherein each codec in the first set of codecs and in the second set of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference, and wherein the server is a set of one or more data processing systems. Leung teaches wherein each codec in the first set of codecs and in the second set of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference, and wherein the server is a set of one or more data processing systems (see fig. 1, 4, ¶ 0009, 0062-0064, 0085-0095. The device capabilities are sent to the terminal gateway for processing. Each device having different codecs in which will determine support for the streams.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate a device having multiple codecs that the terminal gateway will receive and provide the stream to the device based on the codec component. The modifications provides for each device having multiple codecs in which process the stream in different ways based on the capabilities of each device. Regarding claim 11, Lu teaches the method as in claim 10, wherein the second codec is a codec that is common to and available for use in the first, the second and the third data processing systems (see ¶ 0028-0030. The conference server 110, the sender client 120 may use a single data stream 302 to service two receiver clients (130, 140) having different capabilities. The system determines the different device capabilities. However to determine if the third device is available is a broad but it can be understood as the device being turned off or not part of the conference session. Therefore the system will determine the device availability.). Regarding claim 12, Lu teaches the method as in claim 11, wherein the method further comprises: switching from transmitting to the second data processing system the first stream to transmitting to the second data processing system the second stream (see ¶ 0036, 0040, 0051. The system processes the device capabilities which can be one of a bandwidth. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities ). Regarding claim 16, Lu does not teach the method as in claim 15, wherein each codec in the first set of codecs and in the second set of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference. Leung teaches wherein each codec in the first set of codecs and in the second set of codecs is configured to compress video content in an AV conference for transmission to other participants in the AV conference and is configured to decompress video content received in the AV conference (see fig. 1, 4, ¶ 0009, 0062-0064, 0085-0095. The device capabilities are sent to the terminal gateway for processing. Each device having different codecs in which will determine support for the streams.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu to incorporate a device having multiple codecs that the terminal gateway will receive and provide the stream to the device based on the codec component. The modifications provides for each device having multiple codecs in which process the stream in different ways based on the capabilities of each device. Regarding claim 17, Lu teaches the method as in claim 15, wherein the second codec is a codec that is common to and available for use in the first, the second and the third data processing systems (see ¶ 0028-0030. The conference server 110, the sender client 120 may use a single data stream 302 to service two receiver clients (130, 140) having different capabilities. The system determines the different device capabilities. However to determine if the third device is available is a broad but it can be understood as the device being turned off or not part of the conference session. Therefore the system will determine the device availability.). Regarding claim 18, Lu teaches the method as in claim 15 wherein the first and the second data processing systems execute one or more versions of a first operating system during the AV conference and the third data processing system executes a second operating system during the AV conference (see fig. 6; ¶ 0070-0071. Each device having an operating system will be able to execute processing commands for each device. Each device can have different operating systems which will depending on device make as well as operating system. This would make it broad to interpretation as to device make, model and operating system.). Regarding claim 19, Lu teaches the method as in claim 15, wherein the method further comprises: receiving, at the first data processing system, a third stream in the AV conference from the second data processing system, the third stream encoded with the first codec; decoding the third stream using the first codec; receiving, at the first data processing system, a fourth stream in the AV conference from the third data processing system, the fourth stream encoded with the second codec; decoding the fourth stream using the second codec at the first data processing system; and displaying video from the third stream, video from the fourth stream and video from the first stream on a display of the first data processing system (see figs. 2-3; ¶ 0025 – 0030. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities. The device can request a stream which can be divided into multiple streams and processed where it can have different resolutions. The capabilities on the device can process the streams based on each component.). Regarding claim 20, Lu teaches the method as in claim 17, wherein the method further comprises: monitoring, by the first data processing system, one or more of: uplink bandwidth from the first data processing system, thermal data about a thermal state of the first data processing system, or battery state about a battery in the first data processing system; in response to one or more conditions determined from the monitoring, switching from transmitting to the second data processing system the first stream to transmitting to the second data processing system the second stream (see ¶ 0036, 0040, 0051. The system processes the device capabilities which can be one of a bandwidth. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities ). 7. Claim(s) 7, 13, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2013/0208075A1) in view of Leung et al. (US 2017/0006078) further in view of Garrido et al. (US 2019/0104163). Regarding claim 7, Lu and Leung do not teach the non-transitory machine readable medium as in claim 6, wherein the switching comprises: associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system. Garrido teaches associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system (see abstract, 0080, 0088, claim 1. The stream identifier is correlated with the second stream in where the stream is processed to the receiving 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 Lu and Leung system to provide: wherein the switching comprises: associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system as this arrangement would facilitate routing desired stream to the remote devices as taught by Garrido. Regarding claim 13, Lu and Leung do not teach the method as in claim 12, wherein the switching comprises: receiving a stream identifier for the second stream to cause the server to forward the second stream to the second data processing system. Garrido teaches wherein the switching comprises: receiving a stream identifier for the second stream to cause the server to forward the second stream to the second data processing system (see abstract, 0080, 0088, claim 1. The stream identifier is correlated with the second stream in where the stream is processed to the receiving 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 Lu and Leung system to provide: wherein the switching comprises: associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system as this arrangement would facilitate routing desired stream to the remote devices as taught by Garrido. Regarding claim 21, Lu and Leung do not teach the method as in claim 20, wherein the switching comprises: associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system. Garrido teaches associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system (see abstract, 0080, 0088, claim 1. The stream identifier is correlated with the second stream in where the stream is processed to the receiving 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 Lu and Leung system to provide: wherein the switching comprises: associating the second stream with a stream identifier of the first stream to cause the server to forward the second stream to the second data processing system as this arrangement would facilitate routing desired stream to the remote devices as taught by Garrido. 8. Claim(s) 25 is rejected under 35 U.S.C. 103 as being unpatentable over Lu et al. (US 2013/0208075A1) in view of Leung et al. (US 2017/0006078) in further view of Ravishankar et al. (US 2005/0013309). Regarding claim 25, Lu teaches the method of claim 24, further comprising: following communication of the identification of the first selected codec to the first and second data processing system, exchanging data of the AV conference coded according to the first selected codec between the first and second data processing system, and following communication of the identification of the second selected codec to the third data processing system and the one of the first and the second data processing system, exchanging data of the AV conference coded according to the second selected codec between the third data processing system and the one of the first and second data processing system (see fig. 2-3, ¶ 0016, 0019, 0023-0024, 0033, 0036. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The device is able to transmit to the server device capabilities. Each device having a number of hardware and software components in which enable processing the conferencing stream from the server. The capabilities of each device are determined and processing the stream to each device will be based on the device capabilities.); Lu discloses device capabilities with have multiple components and firmware/software to process received streams. However Lu and Ravishankar are vague on following communication of the identification of the first selected codec to the first and second data processing system. Leung teaches following communication of the identification of the first selected codec to the first and second data processing system (see fig. 1, 4, ¶ 0009, 0062-0064, 0085-0095. The device capabilities are sent to the terminal gateway for processing. Each device having different codecs in which will determine support for the streams. The identification of the will be provided wherein a list is provided in the message that indicates device capabilities per codec.). The combination of Leung to Lu and Ravishankar provide the codec processing in which each device having multiple different codecs that processes the streams provide from the terminal gateway. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lu and Ravishankar to incorporate a device having multiple codecs that the terminal gateway will receive and provide the stream to the device based on the codec component. The modifications provides for each device having multiple codecs in which process the stream in different ways based on the capabilities of each device. Conclusion 9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAD MOHAMMED whose telephone number is (571)270-7253. The examiner can normally be reached 9:00AM-5:00PM. 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, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ASSAD MOHAMMED/Examiner, Art Unit 2691 /DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
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Prosecution Timeline

Dec 20, 2024
Application Filed
Oct 28, 2025
Response after Non-Final Action
Dec 08, 2025
Response after Non-Final Action
Jun 23, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
85%
With Interview (+11.4%)
3y 1m (~1y 6m remaining)
Median Time to Grant
Low
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