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 .
DETAILED ACTION
This office action is responsive to application No. 19/201,586 filed on 05/07/2025. Claim(s) 1-20 is/are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 06/19/2025 is/are considered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites:
“wherein values of the one or more source parameters are
determined at one or more network locations between the source and the endpoint”
It is unclear whether this determination is the same type of determination, that is claimed in independent claim 1, which recites “at the source, determining one or more source parameters associated with each object”. Or another type of determination.
However, if it is the same determination as claimed in independent claim 1, from which dependent claim 7 depends:
Applicant’s specification does not provide support for determining the source parameters at the source and then subsequently determining source parameters again at a network location between the source and the endpoint.
Additionally, Applicant’s specification does not detail how the source parameters would be determined at the source location. Furthermore, in the process of the content being sent to the network location, via the content distribution network, the transmission of the content between the source and the network location, would already have been possibly modified and/or changed the content in some way due to the same distribution network anomalies and conditions recited by in [0028] of Applicants specification in PGUB (US 2025/0350781). As the content may have been modified and/or changed in some way due to these factors, it would no longer be source parameters, as those parameters, would not have the same values, as if it were determined at the source prior to transmission of the content through the distribution network.
Appropriate correction is/are required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-10, and 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wildfeuer et al. (US 2015/0015722).
Consider claim 1, Wildfeuer teaches a system for monitoring media content distributed from a source to an end point over a content delivery network, the system (Figs.2-3, Paragraph 0008) comprising:
before the media content is loaded onto the network, dividing the media content into a plurality of unique objects (Fig.2, Paragraph 0018 from encoded video bitstream generating video packets by packetizer 210 that may then be transmitted over network 110. Paragraph 0020 teaches transmitting metrics may be for a video segment sent by transmitting endpoint 105. Paragraph 0021 teaches video segment length may comprise, but is not limited to, 5 to 10 seconds);
at the source, determining one or more source parameters associated with each object, wherein the one or more source parameters represent a source signature for the object (Paragraph 0012 teaches performing portions of video quality calculations at the transmitting endpoint to produce transmitter metrics that are sent with video packets or through endpoint-to-endpoint protocols. Paragraph 0020 teaches transmitting endpoint 105 may determine transmitter metrics corresponding to a video stream. The transmitter metrics may be for a video segment sent by transmitting endpoint 105 or for a packet sent by transmitting endpoint 105. Transmitting endpoint 105 may produce, but is not limited to, one of more of the following four transmitter metrics either per video segment or per video packet. Per video segment transmitter metrics may comprise: i) compressed quality of a video segment; ii) quality degradation due to packet losses as a function of packet loss rate and burstiness; iii) quality degradation due to delay and jitter in a given video segment; iv) entropy (i.e. scene complexity); and v) motion estimation);
storing the one or more source parameters associated with each object (Paragraph 0012 teaches devices, e.g., receives in the network may retrieve the information, e.g., transmitter metrics. Paragraph 0023 teaches receiver 115 may retrieve the values of the transmitter metrics. Fig.4, Paragraph 0027 teaches a computing device 400 having a memory unit 415 that may include a database 425. As the metrics may be retrieved, it must be stored in some type of memory, at least in temporary or persistent memory, after being processed in order to be retrieved and/or transmitted);
determining one or more end point parameters associated with each object as received at the end point, wherein the one or more end point parameters represent an end point signature for the object (Paragraph 0017 teaches receiver 115 may comprise, but is not limited to, a network device, a network switch, a router, a Wi-Fi access point, a cellular base station, a switch servicing multiple clients in a vicinity, a tablet device, a mobile device, a mobile phone, a smart phone, a telephone, a remote control device, a set-top box, a digital video recorder, a cable modem, a personal computer, a network computer, a mainframe, other similar microcomputer-based devices, or any other computing device capable of communicating with transmitting endpoint 105 over network 110. Paragraph 0023 teaches receiver 115 may determine receiver metrics for the video stream received. Receiver 115 may measure the packet loss, delay and jitter on receiver 115 for given video segments and packets received in the video stream from transmitting endpoint 105); and
monitoring the media content as received at the end point by comparing the source signature and the end point signature (Paragraph 0008 teaches Video quality management (VQM) may be provided. A quality score may then be determined by the receiver, based on the received transmitter metrics and the determined receiver metrics. Paragraph 0023 teaches receiver 115 may retrieve the values of the transmitter metrics and produce an overall quality score of a video segment while taking into account the measured packet loss, delay and jitter measured on receiver 115. Paragraph 0024 teaches receiver 115 may determine a quality score based on the received transmitter metrics and the determined receiver metrics).
Consider claim 19, Wildfeuer teaches a system for monitoring media content distributed from a source to an end point over a network, the system (Figs.2-3, Paragraph 0008) comprising:
before the media content is loaded onto the network, dividing the media content into a plurality of unique objects (Fig.2, Paragraph 0018 from encoded video bitstream generating video packets by packetizer 210 that may then be transmitted over network 110. Paragraph 0020 teaches transmitting metrics may be for a video segment sent by transmitting endpoint 105. Paragraph 0021 teaches video segment length may comprise, but is not limited to, 5 to 10 seconds);
at the source, determining one or more source parameters associated with an object, wherein the one or more source parameters represent a source signature for the object (Paragraph 0012 teaches performing portions of video quality calculations at the transmitting endpoint to produce transmitter metrics that are sent with video packets or through endpoint-to-endpoint protocols. Paragraph 0020 teaches transmitting endpoint 105 may determine transmitter metrics corresponding to a video stream. The transmitter metrics may be for a video segment sent by transmitting endpoint 105 or for a packet sent by transmitting endpoint 105. Transmitting endpoint 105 may produce, but is not limited to, one of more of the following four transmitter metrics either per video segment or per video packet. Per video segment transmitter metrics may comprise: i) compressed quality of a video segment; ii) quality degradation due to packet losses as a function of packet loss rate and burstiness; iii) quality degradation due to delay and jitter in a given video segment; iv) entropy (i.e. scene complexity); and v) motion estimation);
storing the one or more source parameters associated with each object (Paragraph 0012 teaches devices, e.g., receives in the network may retrieve the information, e.g., transmitter metrics. Paragraph 0023 teaches receiver 115 may retrieve the values of the transmitter metrics. Fig.4, Paragraph 0027 teaches a computing device 400 having a memory unit 415 that may include a database 425. As the metrics may be retrieved, it must be stored in some type of memory, at least in temporary or persistent memory, after being processed in order to be retrieved and/or transmitted);
determining one or more network site parameters associated with the object as received at a network site between the source and the end point, wherein the one or more network site parameters represent a network site signature for the object (Paragraph 0017 teaches Receiver 115 may comprise, but is not limited to, a network device, a network switch, a router, a Wi-Fi access point, a cellular base station, a switch servicing multiple clients in a vicinity, a tablet device, a mobile device, a mobile phone, a smart phone, a telephone, a remote control device, a set-top box, a digital video recorder, a cable modem, a personal computer, a network computer, a mainframe, other similar microcomputer-based devices, or any other computing device capable of communicating with transmitting endpoint 105 over network 110. Paragraph 0023 teaches receiver 115 may determine receiver metrics for the video stream received. Receiver 115 may measure the packet loss, delay and jitter on receiver 115 for given video segments and packets received in the video stream from transmitting endpoint 105);
determining one or more end point parameters associated with the object as received at the end point, wherein the one or more end point parameters represent an end point signature for the object (Paragraph 0017 teaches Receiver 115 may comprise, but is not limited to, a network device, a network switch, a router, a Wi-Fi access point, a cellular base station, a switch servicing multiple clients in a vicinity, a tablet device, a mobile device, a mobile phone, a smart phone, a telephone, a remote control device, a set-top box, a digital video recorder, a cable modem, a personal computer, a network computer, a mainframe, other similar microcomputer-based devices, or any other computing device capable of communicating with transmitting endpoint 105 over network 110. Paragraph 0023 teaches receiver 115 may determine receiver metrics for the video stream received. Receiver 115 may measure the packet loss, delay and jitter on receiver 115 for given video segments and packets received in the video stream from transmitting endpoint 105);
monitoring a quality of the media content as received at the network site by comparing the source signature and the network site signature (Paragraph 0008 teaches Video quality management (VQM) may be provided. A quality score may then be determined by the receiver, based on the received transmitter metrics and the determined receiver metrics. Paragraph 0017 teaches Receiver 115 may comprise, but is not limited to, a network device, a network switch, a router, a Wi-Fi access point, a cellular base station, a switch servicing multiple clients in a vicinity, a tablet device, a mobile device, a mobile phone, a smart phone, a telephone, a remote control device, a set-top box, a digital video recorder, a cable modem, a personal computer, a network computer, a mainframe, other similar microcomputer-based devices, or any other computing device capable of communicating with transmitting endpoint 105 over network 110. Paragraph 0023 teaches receiver 115 may retrieve the values of the transmitter metrics and produce an overall quality score of a video segment while taking into account the measured packet loss, delay and jitter measured on receiver 115. Paragraph 0024 teaches receiver 115 may determine a quality score based on the received transmitter metrics and the determined receiver metrics); and
monitoring a quality of the media content as received at the end point but comparing the source signature and the end point signature (Paragraph 0008 teaches Video quality management (VQM) may be provided. A quality score may then be determined by the receiver, based on the received transmitter metrics and the determined receiver metrics. Paragraph 0017 teaches Receiver 115 may comprise, but is not limited to, a network device, a network switch, a router, a Wi-Fi access point, a cellular base station, a switch servicing multiple clients in a vicinity, a tablet device, a mobile device, a mobile phone, a smart phone, a telephone, a remote control device, a set-top box, a digital video recorder, a cable modem, a personal computer, a network computer, a mainframe, other similar microcomputer-based devices, or any other computing device capable of communicating with transmitting endpoint 105 over network 110. Paragraph 0023 teaches receiver 115 may retrieve the values of the transmitter metrics and produce an overall quality score of a video segment while taking into account the measured packet loss, delay and jitter measured on receiver 115. Paragraph 0024 teaches receiver 115 may determine a quality score based on the received transmitter metrics and the determined receiver metrics) or by comparing the network site signature and the end point signature.
Consider claim 2, Wildfeuer teaches wherein the one or more source parameters and the one or more end point parameters relate to audio or video characteristics of an object (Paragraph 0020, 0024).
Consider claim 4, Wildfeuer teaches wherein the one or more source parameters and the one or more end point parameters relate to parameters of an object that could experience a change while traversing the network from the source to the end point (Paragraph 0020, 0024).
Consider claim 5, Wildfeuer teaches wherein the network comprises a terrestrial broadcast network, an internet, and a satellite broadcast network (Paragraph 0016-0017).
Consider claim 6, Wildfeuer teaches further comprising issuing a received receipt indicating differences between the source and endpoint parameters (Paragraph 0008, 0012, 0023-0025).
Consider claim 7, Wildfeuer teaches wherein values of the one or more source parameters are determined at one or more network locations between the source and the endpoint (Paragraph 0017; Paragraph 0008, 0012, 0023-0025).
Consider claim 8, Wildfeuer teaches wherein at the end point a consumer device receives the media content (Paragraph 0017, 0023).
Consider claim 9, Wildfeuer teaches wherein the one or more source parameters and the one or more end point parameters are responsive to a content type (Paragraph 0015, 0020, 0024).
Consider claim 10, Wildfeuer teaches wherein the one or more source parameters and the one or more end point parameters are same parameters (Paragraph 0020, 0024).
Consider claim 13, Wildfeuer teaches wherein an object comprises audio content, video content, and audio/video content (Paragraph 0015, 0018).
Consider claim 14, Wildfeuer teaches wherein one of the one or more source parameters and one or more of the end point parameters represents a technical attribute of an object (Paragraph 0020, 0024).
Consider claim 15, Wildfeuer teaches wherein a level of detail revealed by the one or more source parameters and the one or more end point parameters is responsive to a granularity of the objects (Paragraph 0020, 0024).
Consider claim 16, Wildfeuer teaches wherein a step of monitoring determines a quality of the media content as received at the endpoint by comparing the source signature and the destination signature (Paragraph 0008, 0012, 0023-0025).
Consider claim 17, Wildfeuer teaches wherein the one or more source parameters and the one or more end point parameters relate to a quality of the media content (Paragraph 0020, 0024).
Consider claim 18, Wildfeuer teaches wherein end point parameters are selected responsive to the computational capability of an end point device receiving the media content (Paragraph 0023).
Consider claim 20, Wildfeuer teaches further comprising issuing one or more received receipts indicating differences between the source and endpoint parameters (Paragraph 0008, 0012, 0023-0025), between the source and network site parameters, or between the network site and end point parameters.
Claim Rejections - 35 USC § 103
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.
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 nonobviousness.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wildfeuer et al. (US 2015/0015722), in view of Van Dusen et al. (US 2017/0353748), in view of Defouw et al. (US 2015/0331941), in view of Todd et al. (US 2008/0089239), in view of Yang (US 2017/0374429), and further in view of Nagaraj et al. (US 2006/0268841).
Consider claim 3, Wildfeuer teaches wherein the one or more source parameters and the one or more end point parameters (Paragraph 0012, 0020, 0023), relate to MoS (Paragraph 0026), but do not explicitly teach parameters relate to audio loudness, video width, video height, color depth, block size, block length in time units, packet identifier, peak audio, video presence, and caption presence.
In an analogous art, Van Dusen teaches parameters relate video width, video height, color depth (Paragraph 0004, 0041).
Therefore, it would have been obvious to a person of ordinary skill in the art to modify the system of Wildfeuer to include parameters relate video width, video height, color depth, as taught by Van Dusen, for the advantage of providing additional parameters that are of importance, enabling the system to take more data into account.
Wildfeuer and Van Dusen do not explicitly teach parameters relate to audio loudness, block size, block length in time units, packet identifier, peak audio, video presence, and caption presence.
In an analogous art, Defouw teaches parameters relate to audio loudness, peak audio (Paragraph 0040).
Therefore, it would have been obvious to a person of ordinary skill in the art to modify the system of Wildfeuer and Van Dusen to include parameters relate to audio loudness, peak audio, as taught by Defouw, for the advantage of enabling the system to take into account audio properties, that may be important to viewer’s listening pleasure.
Wildfeuer, Van Dusen, and Defouw do not explicitly teach parameters relate to block size, block length in time units, packet identifier, video presence, and caption presence.
In an analogous art, Todd teaches parameters relate to block size, block length in time units, packet identifier (Claim 4 teaches measuring parameters selected from group consisting of packet sizes, packet identifier, payload length, etc).
Therefore, it would have been obvious to a person of ordinary skill in the art to modify the system of Wildfeuer, Van Dusen, and Defouw to include parameters relate to block size, block length, packet identifier, as taught by Todd, for the advantage of enabling the system to properly identify and keep track of important packet(s) data.
Wildfeuer, Van Dusen, Defouw, and Todd do not explicitly teach length in time units, parameters relate to video presence, and caption presence.
In an analogous art, Yang teaches length in time units (Paragraph 1910).
Therefore, it would have been obvious to a person of ordinary skill in the art to modify the system of Wildfeuer, Van Dusen, Defouw, and Todd to include length in time units, as taught by Yang, for the advantage of enabling the system to properly identify the duration length of content, to be taken into account.
Wildfeuer, Van Dusen, Defouw, Todd, and Yang do not explicitly teach length in time units, parameters relate to video presence, and caption presence.
In an analogous art, Nagaraj teaches parameters relate to video presence, and caption presence (Paragraph 0065 teaches a field identifying the type, e.g., audio, video, and/or closed caption).
Therefore, it would have been obvious to a person of ordinary skill in the art to modify the system of Wildfeuer, Van Dusen, Defouw, Todd, and Yang to include parameters relate to video presence, and caption presence, as taught by Nagaraj, for the advantage of enabling the system to properly identify the type of content that is being dealt with.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wildfeuer et al. (US 2015/0015722) in view of Pal (US 2025/0117907).
Consider claim 11, Wildfeuer does not explicitly teach wherein different consumer groups are located at different end points, each one of the different consumer groups receiving different media content, and wherein consumer group parameters are determined for an object for each different consumer group and represent a consumer group signature for the object for each different consumer group.
In an analogous art, Pal teaches wherein different consumer groups are located at different end points, each one of the different consumer groups receiving different media content, and wherein consumer group parameters are determined for an object for each different consumer group and represent a consumer group signature for the object for each different consumer group (Paragraph 0006 teaches pre-calculating VMAF scores for given media and then correlating those scores with VMAF scores computed from actual playback segments for the given media. Paragraph 0016 teaches distributed data collection system 108 that collects usage and other data from edge servers, aggregating data across a region or set of regions. Paragraph 0018 teaches client requesting source content by requesting segments from a playlist or manifest file. Paragraph 0034 teaches pre-computed VMAF scores, together with the post-processed VMAF scores, from the actual playback, are then compared to provide a true QoE indication. The above method may be repeated for specific time duration, different geographic location, browser condition, or the like. Paragraph 0038 teaches measuring and comparing the QoE user for a specific duration of time, different geographic location, browser conditions, and more. Therefore, as there may be different users in different geographic location, where user(s) may form a different consumer group located in a different location, that request different media content, different parameters may be determined as different content is may be requested in the various different locations).
Therefore, it would have been obvious to a person of ordinary skill in the art to modify the system of Wildfeuer to include wherein different consumer groups are located at different end points, each one of the different consumer groups receiving different media content, and wherein consumer group parameters are determined for an object for each different consumer group and represent a consumer group signature for the object for each different consumer group, as taught by Pal, for the advantage of providing enhanced and accurate video quality and analysis (VQA) to enable optimization of viewer Quality of Experience (QoE) (Pal – Paragraph 0006), allowing for monitoring at various locations, as well as being able to view and compare the different metrics and qualities in disparate locations.
Consider claim 12, Wildfeuer and Pal teach determining a quality of each different media content by comparing the source signature with each consumer group signature (Wildfeuer - Paragraph 0008, 0024; Pal – Paragraph 0006, 0016, 0034, 0038).
Cited Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tian discloses measuring quality of broadcast media signals by analyzing degradation of watermark signals by evaluating the extracted digital watermark relative to a reference digital watermark in (US 2002/0076084).
Patel discloses realtime picture quality analysis that determines the degradation of a test video signal at a test point with respect to a reference video signal by generating from the reference video signal a set of parameters that characterize the images represented by the reference video signal. The set of parameters of the reference video signal and the set of parameters extracted from the received transport stream are compared by a picture quality analysis algorithm to produce a picture quality rating that represents the degradation of the test video signal in (US 6,246,435).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON K LIN whose telephone number is (571)270-1446. The examiner can normally be reached on Monday-Friday 9AM-5PM.
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, Brian Pendleton can be reached on 571-272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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, see https://ppair-my.uspto.gov/pair/PrivatePair. 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 information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JASON K LIN/Primary Examiner, Art Unit 2425
Prosecution Insights