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 .
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)(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.
Claims 1, 4, 8, 11, 15 and 18 are rejected under 35 U.S.C. 102(a)(1) as being described by Komori (US 8,285,106).
For claim 1, Komori teaches a method, comprising:
receiving, by a processor (e.g. figure 3, CPU), a first audio segment and a first video segment each associated with a media item (e.g. column 4, lines 9-27, figures 5-6 shows video frames and audio frames);
determining, based on a second audio segment and a second video segment, whether the first audio segment is ahead or behind the first video segment (e.g. column 11, lines 25-36);
responsive to determining that the first audio segment is ahead of the first video segment, adding one or more audio frames to a third audio segment (e.g. column 11, lines 25-36: “ When it is determined that an audio frame is displaced ahead of the position synchronizing the corresponding video frame (preceding in time), one mute audio frame is inserted.”;
receiving a fourth audio segment and a fourth video segment each associated with the media item (e.g. column 4, lines 9-27, figures 5-6 shows video frames and audio frames);
determining whether the fourth audio segment is ahead or behind the fourth video segment (e.g. column 11, lines 25-36. Figure 9 is a process for capture MPEG data for one GOP, a video has many GOPs as shown in figure 4); and
responsive to determining that the fourth audio segment is behind the fourth video segment, removing one or more audio frames from a fifth audio segment (e.g. column 11, lines 25-36: When an audio frame is displaced behind the position synchronizing with the corresponding video frame and when it is determined that the displaced amount is equal to one encoding unit of audio data (one audio frame) or larger, the audio frame is deleted by encoding unit such that the displacement amount can be smaller than one encoding unit of audio data.).
claims 8 and 15 are rejected for the same reasons as discussed in claim 1 above, wherein column 14, lines 15-25 disclose recording medium storing software program executed by CPU.
For claims 4, 11 and 18, Komori teaches determining whether the first audio segment is ahead or behind the first video segment is based on a first set of timestamps associated with a set of audio frames and a second set of time stamps associated with a set of video frames (e.g. figure 9: Steps S35 S38: PTS (presentation timestamp)).
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 7 and 14 rejected under 35 U.S.C. 103 as being unpatentable over Komori, as applied to claims 1, 4, 8, 11, 15 and 18 above, and further in view of Dai et al (US 2022/0182695)
For claims 7 and 14, Komori does not further disclose the first audio segment and the first video segment are received from a first server, and the second audio segment and the second video segment are received from a second server. Dai et al teaches the first audio segment and the first video segment are received from a first server, and the second audio segment and the second video segment are received from a second server (e.g. figure 1, paragraph 18: Although an edge node is described, it will be understood the video segments may be delivered through multiple servers and computing devices). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Dai et al into the teaching of Komori to have utilized multiple servers to deliver multimedia content to improve the delivery efficiency.
Claims 2, 5-6, 9, 12- 13, 16 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Komori, as applied to claims 1, 4, 8, 11, 15 and 18 above, and further in view of Chen et al (US 2005/0094965).
For claims 6, 13 and 20, Komori does not further disclose storing, in a data store, a predetermined number of end audio frames from the first audio segment to add to the third audio segment. Chen et al teach storing, in a data store, a predetermined number of end audio frames from the first audio segment to add to the third audio segment (e.g. paragraph 31: a sequence of mute audio frames may also be inserted during the time gap for the audio transitions. For example, the black frames and the mute audio frames are shown in FIG. 1 as been stored on a black sequence buffer 114a and mute audio sequence buffer 114b.). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Chen et al into the teaching of Komori et al to synchronize the multimedia data (e.g. paragraph 31, Chen et al) to improve the quality of the media content.
For claims 2, 9 and 16, Komori does not further disclose the one or more audio frames added to the third audio segment are obtained from the first audio segment. Chen et al teach the one or more audio frames added to the third audio segment are obtained from the first audio segment (e.g. paragraph 31: a sequence of mute audio frames may also be inserted during the time gap for the audio transitions. For example, the black frames and the mute audio frames are shown in FIG. 1 as been stored on a black sequence buffer 114a and mute audio sequence buffer 114b.). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Chen et al into the teaching of Komori et al to synchronize the multimedia data (e.g. paragraph 31, Chen et al) to improve the quality of the media content.
For claims 5, 12 and 19, Komori does not disclose a number reflecting the one or more of audio frames added to the third audio segment is determined based on a number of audio frames needed to be added to obtain a threshold time difference between a particular frame of the third audio segment and a corresponding video segment. Chen et al teach a number reflecting the one or more of audio frames added to the third audio segment is determined based on a number of audio frames needed to be added to obtain a threshold time difference between a particular frame of the third audio segment and a corresponding video segment (e.g. paragraph 31: In one embodiment, during the splice transitions from the advertisement program to the primary program, up to one second of black video sequence and mute audio frames are inserted to bridge the time gap between the two programs. For example, the time gap is the time period from the splice point program time stamp (PTS) embedded in the cue tone message to the PTS of the first I-frame of the primary program. In one embodiment, the black video sequence comprises a black I-frame followed by a sequence of repeat P-frames. The number of repeat P-frames depends on the length of the time gap. Additionally, a sequence of mute audio frames may also be inserted during the time gap for the audio transitions.) It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Chen et al into the teaching of Komori et al to synchronize the multimedia data (e.g. paragraph 31, Chen et al) to improve the quality of the media content.
Allowable Subject Matter
Claims 3, 10 and 17 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lai et al (US 2016/0007067, paragraph 45 discloses adding PTS for synchronizing audio frame and video frame.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAQUAN ZHAO whose telephone number is (571)270-1119. The examiner can normally be reached M-Thur: 7:00 am-5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Tran can be reached on 571-272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Email: daquan.zhao1@uspto.gov.
Phone: (571)270-1119
/DAQUAN ZHAO/Primary Examiner, Art Unit 2484
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