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 . This communication is in reply to 06/24/2025. Claimed priority is granted from Application Number CN202310621502.5, with a priority date of 05/29/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/24/2025 was filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shang et al., US 2011/0265130 A1, in view of Cui et al., US 2022/0360829 A1.
Regarding claim 1, Shang teaches the invention substantially as claimed. Shang teaches: A network transmission optimization method, performed by an electronic device, the method comprising: receiving a data stream transmitted between a transmitter and a receiver (Shang, par. 0008, 0036; the client receives video data from a streaming-media server); identifying key frames in the data stream (Shang, par. 0011 and 0038; the client analyzes the video data to determine whether a video key frame has been received); performing statistics collection on the key frames to obtain key frame statistical information; and performing a network optimization for the receiver based on determining, (using the key frame statistical information), that network optimization is needed for the receiver (Shang, par. 0009, 0012, and 0039; the server determines whether adjustment is required, adjusts the key-frame generation frequency, and adjusts corresponding video bandwidth demand).
Shang does not expressly teach collecting the claimed key-frame statistical information.
Cui teaches:
Establishing a video connection between sender and receiver and transmitting a video stream (Cui par. 0005);
Recording sending and receiving timestamps for packets (par. 0006-0007);
Calculating timestamp differences and traversing packets of a key frame (par. 0008);
Estimating currently available bandwidth from the key-frame packet information (par. 0009-0019);
Expressly performing statistics and calculations with respect to key frames (par. 0038-0044)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use Cui’s key-frame-derived network statistics in Shan’s determination of whether streaming parameters require adjustment because Cui teaches that bandwidth information is an important input to advise bitrate adjustment (Cui par. 0003) and that key-frame burstiness may be used to determine available network bandwidth (par. 0029). “Omission of element and its function in combination is obvious expedient if the remaining elements performs the same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U.S. Court of Customs and Patent Appeals. By this rationale, claim 1 is rejected.
Regarding claims 11, 13 and 20 the combination Shan-Cui teahes:
11. The network transmission optimization method according to claim 1, wherein the performing a network optimization operation comprises at least one of: reducing a transmission bitrate of the data stream; or increasing a network bandwidth for the receiver (see Shang par. 0012, 0039, and 0045 adjusting the corresponding video bandwidth demand; see also Cui, par. 0003 adaptive bitrate adjustment algorithms). It would have been obvious to reduce the transmission bitrate when Cui’s estimated available bandwidth indicates insufficient network capacity.
13. A network transmission optimization apparatus, comprising: at least one memory configured to store program code; and at least one processor configured to read the program code and operate as instructed by the program code (Cui, par. 0011-0014 and 0058), the program code comprising: receiving code configured to cause at least one of the at least one processor to receive a data stream transmitted between a transmitter and a receiver; identifying code configured to cause at least one of the at least one processor to identify key frames in the data stream; statistics code configured to cause at least one of the at least one processor to perform statistics collection on the key frames to obtain key frame statistical information; and optimization code configured to cause at least one of the at least one processor to perform a network optimization for the receiver based on determining, using the key frame statistical information, that network optimization is needed for the receiver (Cui, par. 0015, 0016-0017, 0018, 0019, See Shang, 0011, 0012, 0038, 0039, and 0045). It would have been obvious to implement the combined Shang/Cui method using Cui’s disclosed processor/memory architecture. By this rationale, claims 13 is rejected over Shang in view of Cui.
20. A non-transitory computer-readable storage medium, storing computer code which, when executed by at least one processor, causes the at least one processor to at least: receive a data stream transmitted between a transmitter and a receiver (Shang, par. 0008, 0036; the client receives video data from a streaming-media server); identify key frames in the data stream (Shang, par. 0011 and 0038; the client analyzes the video data to determine whether a video key frame has been received); perform statistics collection on the key frames to obtain key frame statistical information; and perform a network optimization for the receiver based on determining, using the key frame statistical information, that network optimization is needed for the receiver (Shang, par. 0009, 0012, and 0039; the server determines whether adjustment is required, adjusts the key-frame generation frequency, and adjusts corresponding video bandwidth demand; See also, Cui par. 0005-0019, par. 0038-0044). The same motivation and reason to combine used for the rejection of claim 1 is also valid for this claim. By this rationale, claim 20 is rejected.
Allowable Subject Matter
Claims 2-10, 12, 14-19 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
This Action is Non-Final. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jude Jean-Gilles whose telephone number is 571-272-3914. The examiner can normally be reached on Mon-Fri, from 9:00AM-5:00PM.
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/JUDE JEAN GILLES/Primary Examiner, Art Unit 2459 September 30, 2026
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