DETAILED ACTION
1. This communication is being filed in response to the submission having a mailing date of 07/16/2026 in which a (3) month Shortened Statutory Period for Response has been set.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Acknowledgements
3. Upon new entry, claims (1 -20) remain pending for examination, of which (1 -3, 5, 14, 16 and 19) have been amended.
3.1. Examiner thanks’ Applicant representative (Atty. C. Donofrio; Reg. No, 80,115) for the amendments provided, detailed remarks and for the cooperation expediting the case.
3.2. The previously presented rejection(s) under 35 USC 112 is withdrawn, in view of the new amendments provided.
3.3. The previously presented rejection(s) under 35 USC 103 is withdrawn in view of the new amendments provided. However, a new ground of rejection is made herein.
Information Disclosure Statement
4. The submitted IDS dated 08/24/2026 is/are in compliance with the provisions of 37 CFR 1.97, being reviewed and considered by the Examiner.
Claim interpretation
5. For the purpose of examination, and under the broadest reasonable interpretation (BRI), consistent with the instant specification and the common knowledge of one of ordinary skill in the art, the below list of terms/limitations will be considered to read as:
5.1. Term “padding data” will be read as recites in the specs (e.g. at least one of the bitstream, other than the first bitstream, of historical media frames, or enhanced coding information of the current media frame; [specs; 0062].
5.2. Term “enhanced/control information” will be read as (e.g. information obtained by processing the current frame, using a set of coding technique; [specs; 0090 -0092]).
5.3. Independent Claim (15) [An electronic device]; should be rewritten in proper independent form, if intended. For the purpose of examination, the claim will be treated as independent.
5.4. Independent Claim (18) [A non transitory CRM]; should be rewritten in proper independent form, if intended. For the purpose of examination, the claim will be treated as independent.
5.5. Independent Claim (20) [A non transitory CRM]; should be rewritten in proper independent form, if intended. For the purpose of examination, the claim will be treated as independent.
Response to Applicant’s Remarks
Applicants’ arguments have been carefully reviewed, but they’re not persuasive, in view of new amendments provided, a new ground of rejection, and for the following reasons:
6.1. The Examiner undersigned considers that the combined prior art (PA) on record, as a whole, very well discloses all the features as currently claimed, which for the most part, were part of the common knowledge in the Art, way before the invention was made/filed.
More specifically, Frusina discloses - a coding technique for multimedia (audio/video) transcoding of the same, as illustrated in at least Figs. (4, 10), such as an Opus coder [17: 05], in accordance with the codec standards (i.e. MPEG format, and/or the like it; [16: 30; 32: 58]). The system is able to process, packetize and transmit data over separated channels, employing MDC multi-channel descriptions, as shown in Figs. 10 -12; [16: 40; 32: 57]; using Buffer Management (28) and Transport Controller (46) modules, Figs. (4, 10); [23: 10].)
Jafarkhani similarly implemented a MDC codec of the same, able to address signal loss and path failure for efficient data Tx/Rx transcoding, making sure each descriptor (i.e. plurality of data channel(s)) carries sufficient information about the original data frame, by embedding certain degree of redundancy in the PCM configured packet data/bitstream [2: 35], between the descriptions, and using padding for additional information representation (i.e. coefficients (A, B and/or C’ D’)); [5: 65; 6: 08]).
6.2. The Examiner further considers that the no allowable subject matter has been yet identified in the claims, as the current combined prior art (PA) on record, as a whole, very well discloses all the features as claimed, which for the most part, were part of the common knowledge in the Multi-Media Transcoding Art, way before the invention was made/filed.
6.3. In this regard, Applicant acknowledges the use of redundant data and padding techniques by Jafarkhani, but argues that – [the redundancy information in Jafarkhani is not defined as inherent structural part of the bitstream; page 7]; Examiner respectfully disagrees because under the broadest reasonable interpretation (BRI) doctrine, consistent with the instant specification and the common knowledge of one of ordinary skill in the art, at least Jafarkhani disclosed (e.g. redundant data (1000), Fig. 13, originated from the same bitstream, processed via converter (1) Figs. (1 -2); [4: 65]), further reformatted by the Transformer (21) and quantizer (22, 23) as C’ and D’ values; [Col. 5]). Similar is disclosed by Frusina in at least Figs. (4 and 10); see rejection section for more details.
6.4. Applicant further argues that [Jafarkhani does not disclose any pre-reserved padding field within a bitstream; page 7]; the Examiner also disagrees because under the same BRI, at least Frusina discloses (padding technique, and packetization for data TX/Rx in the process, in at least Figs. (4, 10); [Frusina; 23: 15]. Jafarkhani further disclosed (e.g. redundant data embedded in the data packet, by definition, pre-reserved in the packet configuration; [Jafarkhani]; see rejection section for more details.
6.5. Applicant further argues that [the presented references differ in both coding scenarios (i.e. audio and/or video) and transmission architectures; page 7.]; Examiner also disagrees because the instant invention is based on the available codec architecture(s); [specs; 0285], supporting media codec using MDC [specs; 0060-0061]. The associated PA references of [Frusina; 16: 30] and/or [Jafarkhani; 9: 65] explicitly disclose support for the standard and legacy codec formats, using MDC of the same.
6.6. Regarding the rationale and motivation for the associated newly amended features and steps, please refer to the recorded Rejection section (7) for details.
6.7. Finally, the Office considers Applicant's arguments not persuasive, as applied rejection on record as a whole reads on the claimed construction, establishing the "Prima Facie" case of equivalent disclosures, on the basis of a person of ordinary skills in the art would have recognized the similar elements shown, or the same structural similarities shown, wherein such structure/methodology performs the same identical functions in substantially the same way, able to produce the same identical results.
_ See [MPEP – 2183]. Making a Prima Facie Case of Equivalence).
_ See In re Bond, 910 F.2d 831, 833, 15 USPQ2d 1566]; …when similar structure applies.
_ See Kemco Sales, Inc. vs. Control Papers., 208 F.3d 1352, 54 USPQ2d 1308] …when identical functionality is specified in the claim, in substantially the same way.
Claim rejection section
35 USC § 103
7. 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 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.
7.1. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ
459 (1966), that are applied 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 non-obviousness.
7.2. Claims (1 -20) are rejected under 35 U.S.C. 103 as being unpatentable over Frusina; et al. US 11,032,339, hereafter “Frusina”) in view of Jafarkhani; et al (US 7,289,565; hereafter “Jafarkhani”).
Claim 1. (Currently Amended) Frusina discloses the invention substantially as claimed - An encoding method, comprising: (e.g. an audio-visual/multimedia (20) coding ecosystem of the same, such as an Opus coder [17: 05], as shown in Figs. (4, 10), in accordance with the codec standards (i.e. MPEG format, and/or the like it; [16: 30; 32: 58]), also packetized and transmitted over separated channels, employing MDC multi-channel descriptions, as detailed described in at least Figs. (10 -12); [16: 40; 32: 57]; and where enhanced information is similarly padded/inserted and packetized for Tx/RX, via Buffer Management and Transport Controller (28); [23: 10].)
Frusina specifically teaches - encoding a current media frame into at least two bitstreams; and (e.g. maximizing coding efficiency (24), using MDC techniques, and multi-channel FEC, with control and adjustment of the data rate (28); as shown in at least Figs. (4, 10); [3: 05; 16: 40; 32: 57]);
generating a target bitstream of the current media frame, wherein the target bitstream comprises encoded data and padding data, (e.g. see Figs. (4, 10); [3: 05; 16: 40; 32: 57]);
the encoded data comprises a first bitstream, the first bitstream is one of the at least two bitstreams, (e.g. see bitstreams (12), Figs. (4, 10); [3: 05; 16: 40; 32: 57]);
the padding data is located in a padding field of the target bitstream, (e.g. se padding techniques implemented, Figs. (4, 10); [23: 15]);
and the padding data comprises at least one of bitstream(s) other than the first bitstream, bitstreams of historical media frames, or enhanced coding information of the current media frame; (e.g. see packet field configuration and data allocation disclosed [23: 38; 27: 35; 28: 02]; with enhanced data robustness (i.e. data rate threshold levels) ensuring consisting levels of network services; [24: 32]).
Even when Frusina specifically enables multimedia data transcoding (encoder and decoder) in accordance with available codec formats [16: 30], as shown in Fig. 1, it is note that no specific structural/”algorithm” support disclosed in the paper.
For the purpose of additional structural support and in the dame field of endeavor, Jafarkhani teaches a similar codec implementation (i.e. encoder (20) Figs. 2, and decoder (25) in Fig. 4), using MDC techniques, able to process more than one bitstream sample [4: 65], and address signal loss and path failure during data Tx/Rx and/or transcoding, making sure each descriptor (i.e. data channel(s)) carries sufficient information about the original data frame, by embedding certain degree of redundancy in the PCM configured packet data/bitstream [2: 35], between the descriptions, and using padding for additional information and data representation (i.e. see coefficients C’ D’); [Jafarkhani; 5: 65; 6: 08]).
Therefore, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention, to modify the implementation of Frusina, with the MDC video coding architecture of Jafarkhani, to provide Tx/Rx communication with a descriptions over MDC channels, also improving process efficiency by using feature steps (DCT, Q) of the coder. [Jafarkhani; 3: 05; 4: 25]).
Claim 2. (Currently Amended) Frusina/Jafarkhani discloses - The encoding method according to claim 1, wherein the bitstreams of the historical media frames comprise:
one bitstream of at least two bitstreams of each historical media frame in previous M historical media frames of the current media frame, (e.g. see historical media frames, or enhanced coding information (i.e. see A, B and/or enhanced C, D), combined using history buffered data, as shown in Figs. (2 -3); [Jafarkhani; 4: 65; 6: 20]);
wherein the bitstreams of the historical media frames comprise (e.g. see buffered data as history, Figs. 2 -3), [Jafarkhani]; a kth bitstream of an ith historical media frame, (e.g. see A, B and/or enhanced C, D; [Jafarkhani; 4: 65])
where M represents a number of the historical media frames and is a positive integer greater than or equal to 1, (e.g. see more than one data sample/bitstream (i.e. positive value), [Jafarkhani; 4: 65]);
i represents an index for a historical media frame among the previous M historical media frames and is a positive integer less than or equal to M, (e.g. see more than one sample (i.e. M), [Jafarkhani; 4: 65]);
k represents an index for a bitstream among n bitstreams of the ith historical media frame and is a positive integer less than or equal to n, and n is a number of bitstreams per media frame and is a positive integer greater than or equal to 2. (e.g. see sample/bitstream indexation (A, B and/or enhanced C, D) in Figs. 2 -3), [Jafarkhani; 4: 65]);
Claim 3. (Currently Amended) Frusina/Jafarkhani discloses - The encoding method according to claim 2, wherein the first bitstream is a jth bitstream of the current media frame, where j represents an index for a bitstream among n bitstreams of the current media frame and is a positive integer less than or equal to n, and j # k. (e.g. the same rationale and motivation apply as given to Claim 2 above.)
Claim 4. (Original) Frusina/Jafarkhani discloses - The encoding method according to claim 3, wherein M = n-1; (e.g. same rationale and motivation apply as given to Claim 2 above.)
Claim 5. (Currently Amended) Frusina/Jafarkhani discloses - The encoding method according to claim 3, wherein the bitstreams of the historical media frames further comprise a lth bitstream of a mth historical media frame, where m# i, l # j # k, m represents an index of a historical media frame among the M preceding historical media frames and different from the index of i and is a positive integer less than or equal to M, and l represents an index for a bitstream among n bitstreams of the mth historical media frame and is a positive integer less than or equal to n; (e.g. same rationale and motivation apply as given to Claim 2 above.)
Claim 6. (Original) Frusina/Jafarkhani discloses - The encoding method according to claim 5, wherein i = k; (e.g. same rationale and motivation apply as given to Claim 2 above.)
Claim 7. (Original) Frusina/Jafarkhani discloses - The encoding method according to claim 1, wherein the padding data further comprises: control information for indicating a number of bitstreams comprised in the target bitstream; (e.g. see Buffer Management and Transport Controller (28); [Frusina 23: 10]. See also control correlation mechanisms (ii, iii) [Jafarkhani; 5: 40 -5: 50], via control unit (1000) indicating amount of enhanced data redundancy as required; [Jafarkhani; Col. 7: 55]; the same motivation applies herein.)
Claim 8. (Original) Frusina/Jafarkhani discloses - The encoding method according to claim 1, wherein the target bitstream further comprises: in-band forward error correction data, comprising one of at least two bitstreams of a previous historical media frame of the current media frame; (e.g. see forward error correction data, as part of FEC technique implemented; [Frusina; 2: 65; 3: 06; 8: 25]). See also similar error control (FEC), added to description channels; [Jafarkhani; 2: 25]; the same motivation applies herein.)
Claim 9. (Original) Frusina/Jafarkhani discloses - The encoding method according to claim 1, wherein the padding data further comprises: control information for indicating whether the target bitstream carries enhanced coding information; (e.g. see Buffer Management and Transport Controller (28); [Frusina 23: 10]. See also control correlation mechanisms (ii, iii) [Jafarkhani; 5: 40 -5: 50], via control unit (1000) indicating amount of enhanced redundancy is desired; [Jafarkhani; Col. 7: 55].
Claim 10. (Original) Frusina/Jafarkhani discloses - The encoding method according to claim 1, wherein the enhanced coding information comprises at least one of bandwidth extension coding information, or redundant coding information; (e.g. see enhanced information (1000), Figs. (2, 13), for signal robustness/redundant determination; [Jafarkhani; Col. 7: 55]; the same motivation applies herein.)
Claim 11. (Original) Frusina/Jafarkhani discloses - The encoding method according to claim 10, wherein the redundant coding information comprises: in-band forward error correction coding information, comprising one of at least two bitstreams of a historical media frame of the current media frame. (e.g. see forward error correction data, as part of FEC technique implemented; [Frusina; 2: 65; 3: 06; 8: 25]). See also similar error control (FEC), added to description channels; [Jafarkhani; 2: 25]; the same motivation applies herein.)
Examiner’s note is taken: regarding the well-known MDC technique, that by definition supports multi-bitstream architecture, and error resilience to media-stream.
Claim 12. (Original) Frusina/Jafarkhani discloses - The encoding method according to claim 1, wherein the at least two bitstreams are multiple description bitstreams. (e.g. the same rationale and motivation apply herein as given to Claim 1 above.)
Examiner’s note is taken; regarding the well-known MDC technique, that by definition supports multi-bitstream architecture, and error resilience to media-stream.
Claim 13. (Original) Frusina/Jafarkhani discloses - The encoding method according to claim 1, wherein the target bitstream is an Opus bitstream; (e.g. see analogous Opus encoder architecture implemented in [Frusina; 17: 05].)
Examiner’s note is taken; regarding the well-known audio codec technique, standardized by Engineer Task Force (IETF) in 2009, way before the invention was made/filed.
Claim 14. (Currently Amended) Frusina/Jafarkhani discloses - A decoding method, comprising: obtaining a target bitstream of a current media frame, wherein the target bitstream comprises encoded data and padding data, the encoded data comprises a first bitstream, the first bitstream is one of at least two bitstreams of the current media frame, the padding data is located in a padding field of the target bitstream, and the padding data comprises at least one of bitstream(s) other than the first bitstream, bitstreams of historical media frames, or enhanced coding information of the current media frame; and decoding the target bitstream, to obtain the current media frame. (Current lists all the same elements as recite in Claim 1 above, but in “Decoder form” instead, and is/re therefore on the same premise.)
Claim 15. (Original) Frusina/Jafarkhani discloses - An electronic device, comprising: one or more processors; and one or more memories configured to store one or more programs, which when executed by the one or more processors, cause the one or more processors to implement the encoding method according to claim 1. (Current lists all the same elements as recite in Claim 1 above, but in “Encoder Device form” instead, and is/re therefore on the same premise.)
Claim 16. (Currently Amended) Frusina/Jafarkhani discloses - The electronic device according to claim 15, wherein the bitstreams of the historical media frames comprise: one bitstream of at least two bitstreams of each historical media frame in previous M historical media frames of the current media frame, wherein the bitstreams of the historical media frames comprise a kth bitstream of an ith historical media frame, wherein M represents a number of the historical media frames and is a positive integer greater than or equal tol, i represents an index for a historical media frame among the previous M historical media frames and is a positive integer less than or equal to M, k represents an index for a bitstream among n bitstreams of the ith historical media frame and is a positive integer less than or equal to n, and n is a number of bitstreams per media frame and is a positive integer greater than or equal to 2. (The same rationale and motivation apply as given to Claim 2 above.)
Claim 17. (Original) Frusina/Jafarkhani discloses - An electronic device, comprising: one or more processors; and one or more memories configured to store one or more programs, which when executed by the one or more processors, cause the one or more processors to implement the decoding method according to claim 14. (Current lists all the same elements as recite in Claim 1 above, but in “Decoder Device form” instead, and is/re therefore on the same premise.)
Claim 18. (Original) Frusina/Jafarkhani discloses - A non-transitory storage medium comprising computer-executable instructions, which when executed by one or more computer processors, perform the encoding method according to claim 1. (Current lists all the same elements as recite in Claim 1 above, but in “CRM encoding form” instead, and is/re therefore on the same premise.)
Claim 19. (Currently Amended) Frusina/Jafarkhani discloses - The non-transitory storage medium according to claim 18, wherein the bitstreams of the historical media frames comprise: one bitstream of at least two bitstreams of each historical media frame in previous M historical media frames of the current media frame, wherein the bitstreams of the historical media frames comprise a kth bitstream of an ith historical media frame, wherein M represents a number of the historical media frames and is a positive integer greater than or equal to 1, i represents an index for a historical media frame among the previous M historical media frames and is a positive integer less than or equal to M, k represents an index for a bitstream among n bitstreams of the ith historical media frame and is a positive integer less than or equal to n, and n is a number of bitstreams per media frame and is a positive integer greater than or equal to 2. (The same rationale and motivation apply as given to Claim 2 above.)
Claim 20. (Original) Frusina/Jafarkhani discloses - A non-transitory storage medium comprising computer-executable instructions, which when executed by one or more computer processors, perform the decoding method according to claim 14. (Current lists all the same elements as recite in Claim 1 above, but in “CRM decoding form” instead, and is/re therefore on the same premise.)
Prior Art Citations
8. The following List of prior art, made of record and not relied upon, is/are considered
pertinent to applicant's disclosure:
8.1. Patent documentation
US 7,289,565 B1 Jafarkhani; et al. H04B14/106; H04N19/39.
US 11,032,339 B2 Frusina; et al. H04N21/6373; H04N21/6131.
US 2011/0119565 Chang; et al. H04L47/30; H04L47/25; H04L47/2416.
8.2. Non-Patent documentation:
_ “Two-Stage Diversity-Based Multiple Description Image Coding," Lin, et al. – 2008.
_ "Investigation of Error Concealment Using Different Transform Coding and MDC" - 2012.
_ “T-REC-G.107; E model" – 2015.
CONCLUSIONS
9. In view of the above Examiner’s considerations, THIS ACTION IS MADE FINAL.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS PEREZ-FUENTES (luis.perez-fuentes@uspto.gov) whose telephone number is (571) 270 -1168. The examiner can normally be reached on Monday-Friday 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, WILLIAM VAUGHN can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is (571) 272 -3922. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated system, please call (800) 786 -9199 (USA OR CANADA) or (571) 272 -1000.
/LUIS PEREZ-FUENTES/
Primary Examiner, Art Unit 2481.
Prosecution Insights