DETAILED ACTION
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.
The term “relatively” in claims 2 and 12 is a relative term which renders the claims indefinite. The term “relatively” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 11-13 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen et al. (US20120023256A1).
Regarding claim 1, Chen discloses a method comprising (para [0024] shows controlling server(s) 120 can be used to determine the connection bandwidth between content provider 110 and content recipient 130. Based on this determination, video resolution level of the multimedia transmission can then be determined):
receiving, at a server for a messaging platform, from a client device, an online request for delivery of a message collection accessible on the messaging platform (para [0014] shows the content provider first presents the user with various choices of media resolution (e.g., small, medium, large) before commencing with delivery of the multimedia stream; para [0017] shows a user may select (e.g., request) a lower resolution; para [0020] shows signaling channels (e.g., a messaging platform) enable an exchange of information that can be used to set up multimedia transmission channel 146 for use between content provider 110 and content recipient 130);
wherein the message collection comprises a plurality of messages that each comprises respective visual media content [portions of the streaming video] (para [0014] shows the content provider makes a streaming video available to various users; para [0017] shows initial user choice would result in a resolution that would often be lower than a resolution level that could be sustained for good portions of the multimedia stream);
determining a respective value for each of one or more variable resource parameters pertaining to respective resources selected from: data transmission resources, data storage resources, and data processing resources (para [0024] shows controlling server(s) 120 can be used to determine the connection bandwidth between content provider 110 and content recipient 130);
in an automated operation performed at the server based at least in part on the determined values of the one or more variable resource parameters, identifying an applicable collection delivery mechanism for the message collection by selecting between a pair of alternative collection delivery mechanisms that respectively comprise (para [0025] shows after the connection has been established, the bandwidth between content provider 110 and content recipient 130 is monitored. If it is determined at step 206 that a change in bandwidth (higher or lower) is detected in any part of the network supporting multimedia transmission channel 146, then a dynamic adjustment process is invoked):
staggered delivery, in which the respective visual media content for at least a subset of the plurality of messages is initially delivered in a preliminary format, followed after an interval by a replacement delivery of the respective visual media content in a final format, wherein delivery of the visual media content in the preliminary format is less resource intensive than delivery thereof on the final format (para [0030] shows the multimedia transmission is initially established at video resolution of 320×240; para [0031] shows if it is detected that an increase in available bandwidth has occurred, then the system could determine that the video resolution level can be increased to 640x480); and
non-staggered delivery, in which the visual media content for respective messages in the message collection is initially delivered to the client device in the final format (para [0030] shows the multimedia transmission is initially established at video resolution of 320×240; para [0025] shows after the connection has been established, the bandwidth between content provider 110 and content recipient 130 is monitored. If it is determined at step 206 that no changes in bandwidth are detected, then the monitoring process continues (e.g., no change to the initial video resolution of 320×240)); and
causing delivery of the requested collection of messages to the client device according to the selected collection delivery mechanism (para [0024] shows controlling server(s) 120 can be used to determine the connection bandwidth between content provider 110 and content recipient 130. Based on this determination, video resolution level of the multimedia transmission can then be determined; para [0025] shows after the connection has been established, the bandwidth between content provider 110 and content recipient 130 is monitored. If it is determined at step 206 that no changes in bandwidth are detected, then the monitoring process continues. If it is determined at step 206 that a change in bandwidth (higher or lower) is detected in any part of the network supporting multimedia transmission channel 146, then a dynamic adjustment process is invoked.)
Regarding claim 2, Chen as applied to claim 1 discloses the preliminary format delivers visual media in lower-quality relative to the final format, such that the visual media for a particular message delivered in the preliminary format comprises a relatively lower quality version of the respective visual media, a relatively higher-quality version of the respective visual media being delivered according to the final format (para [0014] shows various choices of media resolution (e.g., small, medium, large) dictate the quality of the multimedia experience; para [0017] shows initial user choice would result in a resolution that would often be lower than a resolution level that could be sustained for good portions of the multimedia stream; para [0030] shows the multimedia transmission is initially established at video resolution of 320×240; para [0031] shows if it is detected that an increase in available bandwidth has occurred, then the system could determine that the video resolution level can be increased to 640x480.)
Regarding claim 3, Chen as applied to claim 2 discloses the lower-quality version and the higher-quality version of the respective visual media content differ in image resolution, the lower-quality version having lower image resolution than that of the higher-quality version of the visual media content (para [0014] shows various choices of media resolution (e.g., small, medium, large) dictate the quality of the multimedia experience.)
Regarding claims 11-13, claims 11-13 are directed to a system. Claims 11-13 require limitations that are similar to those recited in the method claims 1-3 to carry out the method steps. And since Chen anticipates the method including limitations required to carry out the method steps, therefore claims 11-13 would have also been anticipated by Chen.
Furthermore, Chen discloses one or more computer processor devices; and memory storing instructions that, when executed by the one or more computer processor devices, configure the one or more computer processor devices to perform operations (para [0038]).
Regarding claim 20, claim 20 is directed to a computer-readable storage medium. Claim 20 requires limitations that are similar to those recited in the method claim 1 to carry out the method steps. And since Chen anticipates the method including limitations required to carry out the method steps, therefore claim 20 would have also been anticipated by Chen.
Furthermore, Chen discloses a computer-readable storage medium having stored thereon instructions that, when executed by a computer, cause the computer to perform operation (para [0038]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4-10 and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Dey et al. (US20140280679A1).
Regarding claims 4 and 14, Chen as applied to claims 2 and 12 fails to teach the lower-quality version and the higher-quality version of the respective visual media content differ in compression ratio, wherein the higher-quality version displays higher decompression quality relative to that of the lower-quality version of the visual media content.
However, Dey discloses the lower-quality version and the higher-quality version of the respective visual media content differ in compression ratio, wherein the higher-quality version displays higher decompression quality relative to that of the lower-quality version of the visual media content (para [0205] shows the higher the compression ratio, the worse the video frame quality is.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Chen with the teaching of Dey since video frame quality is also a decisive factor on the overall video QoE (Dey; para [0205]).
Regarding claims 5 and 15, Chen as applied to claims 2 and 12 discloses the lower-quality version and the higher-quality version of the respective visual media content differ in image resolution (para [0014] shows various choices of media resolution (e.g., small, medium, large) presents the quality of the multimedia experience.)
Chen fails to show the lower-quality version and the higher-quality version of the respective visual media content differ in compression ratio.
However, Dey discloses the lower-quality version and the higher-quality version of the respective visual media content differ in compression ratio (para [0205] shows the higher the compression ratio, the worse the video frame quality is.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Chen with the teaching of Dey since video frame quality is also a decisive factor on the overall video QoE (Dey; para [0205]).
Regarding claims 6 and 16, Chen as applied to claims 1 and 11 fails to teach the identifying of the applicable collection delivery mechanism and delivering of content according to the selected collection delivery mechanism forms part of a prefetching scheme pertaining to a plurality of message collections respectively selectable for replay in a graphical user interface for the messaging platform on the client device.
However, Dey discloses the identifying of the applicable collection delivery mechanism and delivering of content according to the selected collection delivery mechanism forms part of a prefetching scheme pertaining to a plurality of message collections respectively selectable for replay in a graphical user interface for the messaging platform on the client device (para [0075] shows videos that need to be prefetched by proactive caches; para [0102] shows to estimate the average rate achieved from the instantaneous channel rate in a way that takes into account the history of the rate allocation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teaching of Chen with the teaching of Dey in order to provide a proactive caching policy, which preloads the cache with videos that are most likely to be requested (Dey; para [0058]).
Regarding claims 7 and 17, Chen-Dey as applied to claims 6 and 16 discloses the prefetching scheme, in an instance where staggered delivery is selected as the applicable collection delivery mechanism, comprises (Chen; para [0030] shows the multimedia transmission is initially established at video resolution of 320×240; para [0031] shows if it is detected that an increase in available bandwidth has occurred, then the system could determine that the video resolution level can be increased to 640x480. Dey; para [0075] shows videos that need to be prefetched by proactive caches; para [0102] shows to estimate the average rate achieved from the instantaneous channel rate in a way that takes into account the history of the rate allocation):
delivering respective visual media content for a subset of each message collection in the preliminary format (Chen; para [0030] shows the multimedia transmission is initially established at video resolution of 320×240);
receiving user input selecting a particular one of the plurality of message collections for replay (Chen; para [0018] shows a dynamic adjustment mechanism that can modify characteristics of a multimedia stream during the playback of the multimedia stream. Dey; para [0078] shows the client selects a transmission bit rate R);
responsive to the user input, commencing replay of the selected message collection (Dey; para [0101] shows video sessions that can fill their initial buffer within acceptable time (Te) are promoted to Listplayback, and their video playback commences); and
during replay of one or more messages forming part of said subset of the message collection, delivering visual media content for the at least a remaining portion of the message collection according to the final format (Chen; para [0031] shows if it is detected that an increase in available bandwidth has occurred, then the system could determine that the video resolution level can be increased.)
Regarding claims 8 and 18, Chen-Dey as applied to claims 6 and 16 discloses each message collection has a predefined replay sequence defining an order in which respective messages in that message collection are to displayed during replay (Dey; para [0153] shows to display the video sequence on the screen), and
wherein said subset of messages for which visual media content is delivered according to the prefetching scheme comprises a plurality of messages at a start of the respective replay sequence (Dey; para [0075] shows including videos that need to be prefetched by proactive caches.; para [0101] shows video sessions that can fill their initial buffer within acceptable time (Te) are promoted to Listplayback, and their video playback commences)
Regarding claims 9 and 19, Chen-Dey as applied to claims 1 and 11 discloses determining the respective value for each of the one or more variable resource parameters comprises: accessing historical performance data for a respective content delivery resource applicable to delivery of the collection of messages; and determining at least one estimated performance value based on the historical performance data (Dey; para [0102] shows to estimate the average rate achieved from the instantaneous channel rate in a way that takes into account the history of the rate allocation; para [0142] shows an error was introduced where the user with some probability requests videos that are not consistent with the user's historical preferences.)
Regarding claim 10, Chen-Dey as applied to claim 9 discloses the at least one estimated performance value comprises a predicted value of the corresponding variable resource parameter at a future time at which delivery of the collection of messages is to be performed (Dey; para [0102] shows to estimate the average rate achieved from the instantaneous channel rate in a way that takes into account the history of the rate allocation; para [0194] shows either an exact bit rate version can be fetched, or a higher bit rate version can be fetched and cached, which will possibly allow future requests of lower bit rate version to be also satisfied using transrating.)
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bennett et al. (US20060026302A1) discloses in para [0027] shows the media server adaptively delivers media programs from one of plurality of video and audio formats.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAN DOAN whose telephone number is (571)270-0162. The examiner can normally be reached Monday - Friday 8am - 5pm ET.
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/TAN DOAN/Primary Examiner, Art Unit 2445
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