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 .
General Remarks
This communication is considered fully responsive to Applicant’s Application filed on 06/06/2025.
Application filed: 06/06/2025
Applicant’s PgPUB: N/A
Claims:
Claims 1-9, 12, 13 and 15-23 are pending.
Claims 1, 9, 12, 13, 22 and 23 are independent.
Claims 1, 5, 6, 8, 9, 12, 13 are amended.
Claims 10, 11 and 14 are canceled.
Claims 15-23 are new.
Preliminary Amendment filed 06/06/2025
IDS:
New IDS:
IDS filed 09/17/2025 has been considered.
Continuity/Priority Data:
This Application claims priority Chinese Application No. CN202310389329.0 filed 04/12/2023
This Application claims priority to International Application No. PCT/CN2024/082653, which is the 371 National Stage Entry of this Application, filed 03/20/2024.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 7, it claims in part, “… wherein a plurality of the file packages form a file …”. Applicant’s specification nor the claims describe or state what a file package is and how it may make up a file. File package is not a term of art. Digital files can be made up for parts or sub-parts (i.e., packets) that can be sent via a network to recombined into the original file. Examiner requests Applicant to further clarify this language and its meaning.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1, 2, 5, 6, 9, 12, 13, 15, 18, 19, 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. 2025/0288911 A1 to Bao et al. (“Bao”) in view of U.S. Patent No. 9,693,276 B1 to Wuellner et al. (“Wuellner”).
As to claim 1, Bao discloses:
a data transmission method, applied to a server, wherein the data transmission method comprises:
receiving a control instruction from the terminal device based on the network communication connection, wherein the control instruction is configured to control a process of a first application on the server, and the first application is a version of an application on the server (Fig. 6, ¶0079 – Bao teaches access request to a cloud gaming server; ¶0080 – Bao teaches a cloud gaming instance (i.e., version) is created according to a play request of a first client for a cloud gaming, the first client is bound to a first stream processing resource of the cloud gaming instance.);
pushing, to the terminal device, a data stream corresponding to the control instruction based on the network communication connection, wherein the data stream is configured for at least one of loading or running a second application on the terminal device, and the second application is a version of the application on the terminal device (Fig. 6, ¶0086 -Bao teaches transmitting the media stream to the second client by using the second stream processing resource; 0049 – Bao teaches the first client, the second client, and the observer client may be any one of the following: an independent application program, an API, or a software development kit (SDK)).
Wuellner discloses what Bao does not expressly disclose.
Wuellner discloses:
establishing a network communication connection with a terminal device according to historical connection establishment information, wherein the historical connection establishment information is historical information for connection between the server and the terminal device (col. 4 ll. 43-50 – Wuellner teaches The system 100 may include a database 102, a device 110, and network architecture 122 for supporting multiple network connections interfaces for connecting to a network 130 to communicate with other device(s) 132 and server(s) 134. The database 102 may store historical connection information 104 and historical location pattern data; Abstract Wuellner teaches a device for network connection selection may include a network connection selector configured to obtain historical connection information related to previous network connections utilized by a device.);
Bao and Wuellner are analogous arts because they are from the same field of endeavor with respect to establishing network connections.
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to incorporate use of historical network connections as discussed in Wuellner with establishing connection with cloud server and receiving streaming data as discussed in Bao by adding the functionality of Wuellner to the system/method of Bao in order to allow devices to use historical connection data (Wuellner, col. 1 ll. 30-47).
As to claim 2, Bao and Wuellner discloses:
data transmission method according to claim 1, and
Bao discloses:
wherein the pushing the data stream corresponding to the control instruction to the terminal device based on the network communication connection comprises:
determining audio and video information, wherein the audio and video information is audio and video information in the process of the first application running according to the control instruction, and the audio and video information comprises audio and video;
creating a transmission stream based on the audio and video information, wherein the data stream comprises the transmission stream;
pushing the transmission stream to the terminal device based on the network communication connection.
(¶0035 – Bao teaches The cloud gaming server compresses and codes a game picture and game audio in the cloud gaming instance into a media stream, and then transmits, by using a network, the media stream to the terminal used by the user. The media stream may include a video stream and an audio stream.)
As to claim 5, Bao and Wuellner discloses:
data transmission method according to claim 1, and
Bao discloses:
wherein the method further comprises:
converting the control instruction into a local instruction, wherein the local instruction is an instruction executed in the process of the first application (¶0089 – Bao teaches when the first client requests to operate the cloud gaming instance, coordinate conversion may be performed on operation touchscreen coordinates according to the device resolution and the docker window resolution. For example, first operation touchscreen coordinates in the device resolution may be converted into second operation touchscreen coordinates in the docker window resolution.);
controlling the process of the first application with the local instruction (¶0089 – Bao teaches when the first client requests to operate the cloud gaming instance, coordinate conversion may be performed on operation touchscreen coordinates according to the device resolution and the docker window resolution. For example, first operation touchscreen coordinates in the device resolution may be converted into second operation touchscreen coordinates in the docker window resolution.).
As to claim 6, Bao and Wuellner discloses:
data transmission method according to claim 1, and
Bao discloses:
wherein the method further comprises:
sending a specified instruction to the terminal device, wherein the specified instruction is configured to control a state of the second application (¶0044, ¶0045 – Bao teaches a first and second client send operation data to the cloud game server and their respective operation data is injected into the gaming instance and this is reflected (i.e., state change) in the media stream (i.e., specified instructions) that are sent to the first and second clients.).
As to claim 9, similar rejection as to claim 1.
As to claim 12, similar rejection as to claim 1.
As to claim 13, similar rejection as to claim 1.
As to claim 15, similar rejection as to claim 2.
As to claim 18, similar rejection as to claim 5.
As to claim 19, similar rejection as to claim 6.
As to claim 22, similar rejection as to claim 1.
As to claim 23, similar rejection as to claim 1.
Claims 3, 4, 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. 2025/0288911 A1 to Bao et al. (“Bao”) in view of U.S. Patent No. 9,693,276 B1 to Wuellner et al. (“Wuellner”) in further view of U.S. Patent Application No. 2011/0026414 A1 to Banerjee et al. (“Banerjee”).
As to claim 3, Bao and Wuellner discloses:
data transmission method according to claim 2,
Banerjee discloses what Bao and Wuellner do not expressly disclose.
Banerjee discloses:
wherein the creating the transmission stream based on the audio and video information comprises:
encoding the audio and video information into a first transmission stream and a second transmission stream, wherein the first transmission stream is configured to be transmitted to the terminal device based on a reliable transmission manner, the second transmission stream is configured to be transmitted to the terminal device based on a non-reliable transmission manner, and the transmission stream comprises the first transmission stream and the second transmission stream (Fig. 3, Fig. 5, ¶0022, ¶0040 – Banerjee teaches encoding data streams (i.e., audio/video information) where P-Frames are set to low priority (i.e., unreliable) and I-Frames are set to high priority (i.e., reliable)).
Bao, Wuellner and Banerjee are analogous arts because they are from the same field of endeavor with respect to establishing network connections.
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to incorporate use of setting frame priority as discussed in Banerjee with historical network connections as discussed in Wuellner with establishing connection with cloud server and receiving streaming data as discussed in Bao by adding the functionality of Banerjee to the system/method of Bao and Wuellner in order to provide enhanced transmitting and receiving data streams with feedback information a network. (Banerjee, ¶0007).
As to claim 4, Bao, Wuellner and Banerjee discloses:
data transmission method according to claim 3, and
Banerjee discloses:
wherein
the first transmission stream is an I frame transmission stream, and the I frame transmission stream is configured to be transmitted to the terminal device based on a first transmission protocol;
the second transmission stream is a P frame transmission stream, and the P frame transmission stream is configured to be transmitted to the terminal device based on a second transmission protocol;
a priority of the first transmission protocol is higher than a priority of the second transmission protocol.
(Fig. 3, Fig. 5, ¶0022, ¶0040 – Banerjee teaches encoding data streams (i.e., audio/video information) where P-Frames are set to low priority (i.e., unreliable) and I-Frames are set to high priority (i.e., reliable); ¶0029 – Banerjee also teaches usage of WIFI and cellular protocols (i.e., first and second transmission protocols))
The motivation/reasoning and obviousness rejection is the same as in claim 3.
As to claim 16, similar rejection as to claim 3.
As to claim 17, similar rejection as to claim 4.
Claims 7, 8, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application No. 2025/0288911 A1 to Bao et al. (“Bao”) in view of U.S. Patent No. 9,693,276 B1 to Wuellner et al. (“Wuellner”) in further view of U.S. Patent Application No. 2024/0369984 A1 to Yuan et al. (“Yuan”) in further view of U.S. Patent Application No. 8,139,581 B1 to Mraz et al. (“Mraz”).
As to claim 7, Bao and Wuellner discloses:
data transmission method according to claim 4,
wherein
the receiving the control instruction from the terminal device based on the network communication connection comprises:
receiving the control instruction from the terminal device based on a third transmission protocol (Fig. 6, ¶0079 – Bao teaches access request to a cloud gaming server; ¶0080, ¶0095 – Bao teaches a cloud gaming instance (i.e., version) is created according to a play request of a first client for a cloud gaming, the first client is bound to a first stream processing resource of the cloud gaming instance.);
Yuan discloses what Bao and Wuellner do not expressly disclose.
Yuan discloses:
the method further comprises:
receiving a file package from the terminal device based on a fourth transmission protocol, wherein a plurality of the file packages form a file uploaded by the terminal device (¶0150 – Yuan teaches The crash file may be generated and uploaded to the cloud storage server by the client in a case of monitoring a running crash through the QUIC-SDK; Multiple datagrams (i.e., file packages) make up the file sent via QUIC (quick user datagram protocol));
Bao, Wuellner and Yuan are analogous arts because they are from the same field of endeavor with respect to establishing network connections.
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to incorporate use of QUIC as discussed in Yuan with historical network connections as discussed in Wuellner with establishing connection with cloud server and receiving streaming data as discussed in Bao by adding the functionality of Yuan to the system/method of Bao and Wuellner in order to improve the efficiency of managing QUIC connections (Yuan, ¶0006).
Mraz discloses what Bao, Wuellner and Yuan do not expressly disclose.
Mraz discloses:
wherein a priority of the second transmission protocol is higher than a priority of the third transmission protocol, and the priority of the third transmission protocol is higher than a priority of the fourth transmission protocol (col. 10 ll. 18-27 – Mraz teaches assigning and enforcing different priorities on different data streams or different transport layer protocols; Abstract – Mraz teaches a data transfer application for concurrent transfer of data streams based on two or more transport layer protocols; col. 3 ll. 11-20 – Mraz teaches a one-way link interconnecting the send node and the receive node for unidirectional transfer from the send node to the receive node.).
Bao, Wuellner, Yuan and Mraz are analogous arts because they are from the same field of endeavor with respect to establishing network connections.
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to incorporate use of data stream priorities as discussed in Mraz with QUIC as discussed in Yuan with historical network connections as discussed in Wuellner with establishing connection with cloud server and receiving streaming data as discussed in Bao by adding the functionality of Mraz to the system/method of Bao, Wuellner and Yuan in order to determine the priorities of data various data streams (Mraz, Abstract).
As to claim 8, Bao, Wuellner, Yuan and Mraz discloses:
data transmission method according to claim 7, and
Mraz discloses:
wherein at least one of the following:
the first transmission protocol is a unidirectional reliable stream transmission protocol;
the second transmission protocol is an unreliable datagram transmission protocol;
the third transmission protocol is a bidirectional reliable stream transmission protocol; or,
the fourth transmission protocol is a network transmission sending stream transmission protocol.
(col. 10 ll. 18-27 – Mraz teaches assigning and enforcing different priorities on different data streams or different transport layer protocols; Abstract – Mraz teaches a data transfer application for concurrent transfer of data streams based on two or more transport layer protocols; col. 3 ll. 11-20 – Mraz teaches a one-way link interconnecting the send node and the receive node for unidirectional transfer from the send node to the receive node.). The motivation/reasoning and obviousness rejection is the same as in claim 7.
As to claim 20, similar rejection as to claim 7.
As to claim 21, similar rejection as to claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR A ELFERVIG whose telephone number is (571)270-5687. The examiner can normally be reached Monday (10:00 AM CST) - Friday (4:00 PM CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oscar Louie can be reached at (571) 270-1684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAYLOR A ELFERVIG/Primary Examiner, Art Unit 2445
