DETAILED ACTION
Claims 1-13 have been examined and are rejected.
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 .
Information Disclosure Statement
The information disclosure statement filed 11/24/2025 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because Cite No 1 in the FOREIGN PATENT DOCUMENTS section of the IDS is listed as “6686125” with a publication date of “2020-07-09”. The document JP6686125, filed with the IDS on 11/24/2025, has a publication date of “2020-04-22”. Therefore, the publication date listed on the IDS does not match the publication date of the reference. Therefore, Cite No 1 (“6686125”) is not a proper identification of the reference and it is not being considered. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “An image pickup apparatus” in claim 10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: "one or more processors” (see paragraph 0108 of the specification as filed).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 2 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 2 recites the limitation “the other image pickup apparatuses”. There is insufficient antecedent basis for the limitation “the other image pickup apparatuses” in the claim. It is unclear if “the other image pickup apparatuses” refers to the “different image pickup apparatuses” or if “the other image pickup apparatuses” includes other image pickup apparatuses in addition to the “different image pickup apparatuses”.
Claim 10 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 10 recites “the third information” and “the distribution”. While claim 10 recites “the information processing apparatus according to claim 1”, it is unclear if “the third information” and “the distribution” recited in claim 10 refer the distribution and the third information recited in claim 1. The Examiner suggests amending claim 10 to explicitly recite all of the limitations of claim 1 to avoid ambiguity.
Claim 11 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 11 recites “the distribution server”, “the distribution”, “the third information” and “the image pickup apparatus”. While claim 11 recites “comprising: the information processing apparatus according to claim 1”, it is unclear if “the distribution server”, “the distribution”, “the third information” and “the image pickup apparatus” recited in claim 11 refer to the distribution server, the distribution, the third information and the image pickup apparatus recited in claim 1. The Examiner suggests amending claim 11 to explicitly recite all of the limitations of claim 1 to avoid ambiguity.
Claim 13 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 13 recites “A non-transitory computer-readable storage medium for storing a program which causes a computer to execute…”. The limitation “for storing a program” merely indicates an intended use or intended purpose of the non-transitory computer-readable storage medium. Claim 13 does not recite that the program is stored on non-transitory computer-readable storage medium nor does claim 13 recite that the program is executed by the computer. It is unclear how the processing method can be executed without the computer executing the program, and it is unclear whether the program is stored on the non-transitory computer-readable storage medium. This rejection may be overcome by amending the claim to recite “A non-transitory computer-readable storage medium storing a program which, when executed by a computer, causes the computer to execute…”.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1, 3-6, 8 and 10-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hill et al. (U.S. PGPub 2013/0262686).
Regarding claims 1, 12 and 13, Hill teaches An information processing apparatus that is used when distribution data generated by an image pickup apparatus is distributed via a distribution server of a network distribution service, the information processing comprising: one or more memories storing instructions; and one or more processors that, upon execution of the instructions, operate to: acquire first information for registering the image pickup apparatus and second information for registering distribution of the distribution data, (Hill, see fig. 6-8 and 10-11; see paragraphs 0088-0089 presents a graphical user interface comprising a "new meeting" window 400... event participants or invitees are entered, an event name field 404 ("Product Demo", in the example shown), an event site field 406 (2C-001, in the example shown)... send an event scheduling request to the event scheduling server 28. Upon receipt of the event scheduling request, the event scheduling server 28 schedules the event at the date and time specified in fields 408 and 410...)
register the image pickup apparatus in association with the distribution, (Hill, see fig. 30; see paragraphs 0163-0165 maintains a list of registered participant computing devices... registering the MAC address and the associated user identity to the list of registered participant devices...event computing device then searches for the obtained MAC address in the list of registered computing devices (step 1608). At step 1610...)
transmit the second information to the distribution server, (Hill, see fig. 6-8 and 10-11; see paragraphs 0088-0089 presents a graphical user interface comprising a "new meeting" window 400... event participants or invitees are entered, an event name field 404 ("Product Demo", in the example shown), an event site field 406 (2C-001, in the example shown)... send an event scheduling request to the event scheduling server 28. Upon receipt of the event scheduling request, the event scheduling server 28 schedules the event at the date and time specified in fields 408 and 410...)
receive third information for executing the distribution created by the distribution server based on the second information, and transmit the third information to the image pickup apparatus registered in association with the distribution executed using the third information, (Hill, see fig. 6-8 and 10-11; see paragraph 0080 the scheduling server 28 sends a "start-event" message, comprising the event name and the event password, to the event server 26 (step 248). The event server 26 in turn creates an event session using the event name and password (step 250). The scheduling server 28 also sends a "reset-site" message to devices at the event site to reset these devices (step 252). These devices may be, for example, the event computing device 12, event room environment controls, audio and/or video devices, and the like. For example, upon receiving the "reset-site" message, the event computing device 12 may close files that are open, terminate any connections to an existing event session on the event server 26, and terminate running programs or threads associated with the existing event session. Once the event site has been reset, the scheduling server 28 sends a "prepare-event" message comprising the event name and the event password to the event computing device 12 (registered image pickup apparatus), and the event computing device 12 then prepares to start the event (step 254). Following step 254, the event start process 240 terminates (step 256)...)
wherein the second information includes a date and time of the distribution. (Hill, see fig. 6-8 and 10-11; see paragraphs 0088-0089 presents a graphical user interface comprising a "new meeting" window 400... event participants or invitees are entered, an event name field 404 ("Product Demo", in the example shown), an event site field 406 (2C-001, in the example shown)... send an event scheduling request to the event scheduling server 28. Upon receipt of the event scheduling request, the event scheduling server 28 schedules the event at the date and time specified in fields 408 and 410...)
Regarding claim 3, Hill teaches wherein the one or more processors operate to: transmit the first information to the distribution server in addition to the second information, and receive the third information to which the first information is appended from the distribution server. (Hill, see figs. 6-8 and 10-11; see paragraph 0080 the scheduling server 28 sends a "start-event" message, comprising the event name and the event password, to the event server 26 (step 248). The event server 26 in turn creates an event session using the event name and password (step 250). The scheduling server 28 also sends a "reset-site" message to devices at the event site to reset these devices (step 252). These devices may be, for example, the event computing device 12, event room environment controls, audio and/or video devices, and the like. For example, upon receiving the "reset-site" message, the event computing device 12 may close files that are open, terminate any connections to an existing event session on the event server 26, and terminate running programs or threads associated with the existing event session. Once the event site has been reset, the scheduling server 28 sends a "prepare-event" message comprising the event name and the event password to the event computing device 12, and the event computing device 12 then prepares to start the event (step 254). Following step 254, the event start process 240 terminates (step 256)...)
Regarding claim 4, Hill teaches wherein the first information includes individual ID information on the image pickup apparatus. (Hill, see figs. 6-8 and 10-11; see paragraphs 0088-0089 presents a graphical user interface comprising a "new meeting" window 400... event participants or invitees are entered, an event name field 404 ("Product Demo", in the example shown), an event site field 406 (2C-001, in the example shown)... send an event scheduling request to the event scheduling server 28. Upon receipt of the event scheduling request, the event scheduling server 28 schedules the event at the date and time specified in fields 408 and 410...)
Regarding claim 5, Hill teaches wherein the one or more processors operate to acquire the first information and the second information from the image pickup apparatus or from a communication apparatus which is capable of communicating with the information processing apparatus. (Hill, see figs. 6-8 and 10-11; see paragraphs 0088-0089 presents a graphical user interface comprising a "new meeting" window 400... event participants or invitees are entered, an event name field 404 ("Product Demo", in the example shown), an event site field 406 (2C-001, in the example shown)... send an event scheduling request to the event scheduling server 28. Upon receipt of the event scheduling request, the event scheduling server 28 schedules the event at the date and time specified in fields 408 and 410...; see paragraph 0080)
Regarding claim 6, Hill teaches wherein the third information includes an address to which the distribution data is to be transmitted and a stream key. (Hill, see figs. 10-11; see paragraph 0089 invitation email message window 440 received by a desired event participant specified in the event invitee field 402...comprises an event host name 442, an event invitees list 444, an event name 446, an event site 448, an event start date and time 450, and a description 452 of the event. The description 452 comprises a link 454 for joining the event session, the event password 456, and instructions 458 for joining the event...)
Regarding claim 8, Hill teaches wherein the network distribution service is a cloud service using streaming technology. (Hill, see paragraph 0068 receiving and synthesizing audio, video and data streams, respectively, from event participants, and broadcasts the synthesized streams to the event participants…; see paragraph 0086; see paragraph 0160 event content, e.g., shared screen images, files, audio/video clips, digital ink annotations, links, schedules, etc., is provided to participants via a web interface hosted in the web server 110 or 988...)
Regarding claim 10, Hill teaches An image pickup apparatus configured to: acquire the third information from the information processing apparatus according to claim 1, and (Hill, see fig. 6-8 and 10-11; see paragraphs 0080, 0088-0089 and 0163-0165; see rejection of claim 1 above)
execute the distribution using the third information. (Hill, see figs. 6-8 and 10-11; see paragraph 0080 the scheduling server 28 sends a "start-event" message, comprising the event name and the event password, to the event server 26 (step 248). The event server 26 in turn creates an event session using the event name and password (step 250). The scheduling server 28 also sends a "reset-site" message to devices at the event site to reset these devices (step 252). These devices may be, for example, the event computing device 12, event room environment controls, audio and/or video devices, and the like. For example, upon receiving the "reset-site" message, the event computing device 12 may close files that are open, terminate any connections to an existing event session on the event server 26, and terminate running programs or threads associated with the existing event session. Once the event site has been reset, the scheduling server 28 sends a "prepare-event" message comprising the event name and the event password to the event computing device 12, and the event computing device 12 then prepares to start the event (step 254). Following step 254, the event start process 240 terminates (step 256)...)
Regarding claim 11, Hill teaches A distribution system comprising: the information processing apparatus according to claim 1; and the distribution server, (Hill, see fig. 6-8 and 10-11; see paragraphs 0080, 0088-0089 and 0163-0165; see rejection of claim 1 above)
wherein the image pickup apparatus executes the distribution using the third information. (Hill, see figs. 6-8 and 10-11; see paragraph 0080 the scheduling server 28 sends a "start-event" message, comprising the event name and the event password, to the event server 26 (step 248). The event server 26 in turn creates an event session using the event name and password (step 250). The scheduling server 28 also sends a "reset-site" message to devices at the event site to reset these devices (step 252). These devices may be, for example, the event computing device 12, event room environment controls, audio and/or video devices, and the like. For example, upon receiving the "reset-site" message, the event computing device 12 may close files that are open, terminate any connections to an existing event session on the event server 26, and terminate running programs or threads associated with the existing event session. Once the event site has been reset, the scheduling server 28 sends a "prepare-event" message comprising the event name and the event password to the event computing device 12, and the event computing device 12 then prepares to start the event (step 254). Following step 254, the event start process 240 terminates (step 256)...)
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hill in view of Chang et al. (TW M591743, see the English translated copy).
Regarding claim 2, Hill teaches all of the features of claim 1. However, Hill does not explicitly teach wherein in a case where a plurality of distributions having the same date and time and associated with different image pickup apparatuses are registered by the one or more processors, the one or more processors operate to transmit the third information to the image pickup apparatus registered in association with the distribution executed using the third information, and not to transmit the third information to the other image pickup apparatuses.
Chang teaches wherein in a case where a plurality of distributions having the same date and time and associated with different image pickup apparatuses are registered by the one or more processors, the one or more processors operate to transmit the third information to the image pickup apparatus registered in association with the distribution executed using the third information, and not to transmit the third information to the other image pickup apparatuses. (Chang, see page 3, paragraph 2 the first electronic device 110 receives the second start time corresponding to the second video conference through the calendar...When the time interval between the opening time and the end time of the conference room of the video conference at least partially overlaps with the second time interval between the opening time and the second end time of the second conference...the second video conference Conflict with video conference...the host establishes a video conference from 10 am to 12 am on a certain day and the conference room is open at 9 am, which means that the system will send the conference link at 9 am and the participants will start after 9 am...any overlap between the opening time of the conference room of the other video conference and the end time of the conference with the above 9am to 12am, the system will display an error message instructing the host to choose another Time...; note that the error message is the third information and is only transmitted to host (the image pickup apparatus registered in association with the distribution) and not transmitted to other participants )
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Hill and Chang to provide the technique of in a case where a plurality of distributions having the same date and time and associated with different image pickup apparatuses are registered by the one or more processors, the one or more processors operate to transmit the third information to the image pickup apparatus registered in association with the distribution executed using the third information, and not to transmit the third information to the other image pickup apparatuses of Chang in the system of Hill in order to provide a more convenient way to manage video conferences or meetings (Chang, see page 1, paragraph 3).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hill in view of Zhao et al. (U.S. PGPub 2024/0273673).
Regarding claim 7, Hill teaches all of the features of claim 1. However, Hill does not explicitly teach wherein the one or more processors operate to perform image processing for reducing a resolution of a specific object in image data included in the distribution data.
Zhao teaches wherein the one or more processors operate to perform image processing for reducing a resolution of a specific object in image data included in the distribution data. (Zhao, see figs. 2-4; see paragraph 0039 the low-resolution image may be an image, which is generated after the resolution of a video is reduced in the case of a network bandwidth decrease of the user during the processes of video conferences, live video streaming…; see paragraph 0033 During the processes of video conferences, live video streaming, network course teaching and the like, when the network bandwidth of a user is reduced, in order to ensure that a video picture is not stuck, the resolution of the video is reduced...)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Hill and Zhao to provide the technique of the one or more processors operate to perform image processing for reducing a resolution of a specific object in image data included in the distribution data of Zhao in the system of Hill in order to ensure that a video picture is not stuck (Zhao, see paragraphs 0003 and 0033).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hill in view of Han et al. (U.S. Patent No. 11190710).
Regarding claim 9, Hill teaches all of the features of claim 1. However, Hill does not explicitly teach wherein the network distribution service is a livestreaming service.
Han teaches wherein the network distribution service is a livestreaming service. (Han, see figs. 4A-4B and 8; see col. 1, lines 35-53 each participant displays the scene and each video box of the scene displays... live video stream of an attendee assigned to that box…)
It would have been obvious to one of ordinary skill in the art, at the time the invention was filed, to combine Hill and Han to provide the technique of the network distribution service is a livestreaming service of Han in the system of Hill in order to enhance user experience (Han, see col. 1, lines 35-53).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes:
U.S. PGPub 2019/0333649, which describes methods, systems, and devices for video conferencing between a patient and a clinician;
U.S. PGPub 2018/0255361, which describes computer programs and associated computer-implemented techniques for broadcasting social media sessions via an entertainment platform, such as a broadcast television network; and
U.S. Patent 11290680, which describes high-fidelity freeze-frame for precision video communication applications.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MENG VANG whose telephone number is (571)270-7023. The examiner can normally be reached M-F 8AM-2PM, 3PM-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, NICHOLAS TAYLOR can be reached at (571) 272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MENG VANG/Primary Examiner, Art Unit 2443
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