Office Action 1: Non-Final Rejection (2024-10-01)
Rejection types: 101 - Patent-Eligible Subject Matter, 103 - Obviousness

CLAIMS:
CLAIMS

What is claimed is:

1\. A cloud gaming processing method performed by a computer device and the method comprising:
receiving an access request of a second client for a cloud gaming instance, the cloud gaming instance having been created according to a play request of a first client for a cloud gaming, the first client being bound to a first stream processing resource of the cloud gaming instance, and data transmission between the cloud gaming instance and the first client being implemented by using the first stream processing resource;
creating a second stream processing resource of the cloud gaming instance in response to the access request of the second client;
binding the second stream processing resource to the second client; and
implementing data transmission between the second client and the cloud gaming instance by using the second stream processing resource.
2\. The method according to claim 1, wherein the access request of the second client is initiated by the second client after receiving the play request shared by the first client.
3\. The method according to claim 1, wherein each of the first stream processing resource and the second stream processing resource has a dedicated transmission control resource for performing predefined coding traffic control and quality control on each corresponding client separately.
4\. The method according to claim 1, wherein the method further comprises:
receiving an access request of a third client for the cloud gaming instance, the access request of the third client carrying a user identifier of the third client and a second access policy indicating that the third client is an observer of the cloud gaming instance;
selecting one stream processing resource from the first stream processing resource and the second stream processing resource in response to the access request of the third client and according to the second access policy;
binding the selected one stream processing resource to the third client; and performing data transmission between the third client and the cloud gaming instance based on the selected one stream processing resource.
5\. The method according to claim 1, wherein the implementing data transmission between the second client and the cloud gaming instance by using the second stream processing resource comprises:
acquiring a media stream from the cloud gaming instance;
transmitting the media stream to the second client by using the second stream processing resource; and
when the second client requests to operate the cloud gaming instance, receiving operation data of the second client by using the second stream processing resource.
6\. The method according to claim 1, wherein the method further comprises:
transmitting a network probe packet to the second client based on the second stream processing resource, and receiving network information fed back by the second client; and
adjusting a data volume of the network probe packet according to the network information, and adjusting a transmission parameter of the second stream processing resource.
7\. The method according to claim 1, wherein the first stream processing resource and the second stream processing resource have different video streams of the cloud gaming instance and share one audio stream of the cloud gaming instance.

8\. The method according to claim 1, wherein the method further comprises:
configuring a permission for the second client according to a permission setting request of the first client, the permission comprising at least one of the following: an operation permission for the cloud gaming instance or a browsing permission for the cloud gaming instance; and
when the second client does not have the operation permission for the cloud gaming instance, discarding operation data of the second client when the operation data of the second client is received by using the second stream processing resource.
9\. The method according to claim 1, wherein the first client is mapped to a first operation control in the cloud gaming instance, and the second client is mapped to a second operation control in the cloud gaming instance; and the method further comprises:
when operation data of the first client is received based on the first stream processing resource, injecting the operation data of the first client into the first operation control, so as to control the first operation control to operate the cloud gaming instance; and
when operation data of the second client is received based on the second stream processing resource, injecting the operation data of the second client into the second operation control, so as to control the second operation control to operate the cloud gaming instance.

10\. The method according to claim 1, wherein the method further comprises:
receiving, by using the first stream processing resource, a device resolution transmitted by the first client;
setting a docker window resolution of the cloud gaming instance according to the device resolution;
transmitting the docker window resolution to the first client by using the first stream processing resource;
receiving, by using the second stream processing resource, a resolution setting request transmitted by the second client, the resolution setting request carrying a coding resolution that is requested to be set by the second client;
performing, by using the second stream processing resource, coding processing on a media stream transmitted to the second client based on coding resolution.

11\. A computer device, comprising:
a processor; and
a computer-readable storage medium, storing a computer program, and the computer program being adapted to be loaded and executed by the processor and causing the computer device to implement a cloud gaming processing method and the method comprising:
receiving an access request of a second client for a cloud gaming instance, the cloud gaming instance having been created according to a play request of a first client for a cloud gaming and shared by the first client with the second client, the first client being bound to a first stream processing resource of the cloud gaming instance, and data transmission between the cloud gaming instance and the first client being implemented by using the first stream processing resource;
creating a second stream processing resource of the cloud gaming instance in response to the access request of the second client;
binding the second stream processing resource to the second client; and
implementing data transmission between the second client and the cloud gaming instance by using the second stream processing resource.

12\. The computer device according to claim 11, wherein the access request of the second client is initiated by the second client after receiving the play request shared by the first client.

13\. The computer device according to claim 11, wherein each of the first stream processing resource and the second stream processing resource has a dedicated transmission control resource for performing predefined coding traffic control and quality control on each corresponding client separately.

14\. The computer device according to claim 11, wherein the method further comprises:
receiving an access request of a third client for the cloud gaming instance, the access request of the third client carrying a user identifier of the third client and a second access policy indicating that the third client is an observer of the cloud gaming instance;
selecting one stream processing resource from the first stream processing resource and the second stream processing resource in response to the access request of the third client and according to the second access policy;
binding the selected one stream processing resource to the third client; and
performing data transmission between the third client and the cloud gaming instance based on the selected one stream processing resource.

15\. The computer device according to claim 11, wherein the implementing data transmission between the second client and the cloud gaming instance by using the second stream processing resource comprises: acquiring a media stream from the cloud gaming instance;
transmitting the media stream to the second client by using the second stream processing resource; and
when the second client requests to operate the cloud gaming instance, receiving operation data of the second client by using the second stream processing resource.

16\. The computer device according to claim 11, wherein the method further comprises:
configuring a permission for the second client according to a permission setting request of the first client, the permission comprising at least one of the following: an operation permission for the cloud gaming instance or a browsing permission for the cloud gaming instance; and
when the second client does not have the operation permission for the cloud gaming instance, discarding operation data of the second client when the operation data of the second client is received by using the second stream processing resource.

17\. The computer device according to claim 11, wherein the first stream processing resource and the second stream processing resource have different video streams of the cloud gaming instance and share one audio stream of the cloud gaming instance.

18\. The computer device according to claim 9, wherein the method further comprises:
receiving, by using the first stream processing resource, a device resolution transmitted by the first client;
setting a docker window resolution of the cloud gaming instance according to the device resolution; and
transmitting the docker window resolution to the first client by using the first stream processing resource.

19\. A non-transitory computer-readable storage medium, the computer-readable storage medium comprising a computer program, and the computer program being adapted to be loaded and executed by a processor of a computer device and causing the computer device to implement a cloud gaming processing method and the method comprising:
receiving an access request of a second client for a cloud gaming instance, the cloud gaming instance having been created according to a play request of a first client for a cloud gaming and shared by the first client with the second client, the first client being bound to a first stream processing resource of the cloud gaming instance, and data transmission between the cloud gaming instance and the first client being implemented by using the first stream processing resource;
creating a second stream processing resource of the cloud gaming instance in response to the access request of the second client:
binding the second stream processing resource to the second client: and
implementing data transmission between the second client and the cloud gaming instance by using the second stream processing resource.

20\. The non-transitory computer-readable storage medium according to claim 19, wherein each of the first stream processing resource and the second stream processing resource has a dedicated transmission control resource for performing predefined coding traffic control and quality control on each corresponding client separately. 031384-7504-US49 031384-7504-US50 031384-7504-US51 031384-7504-US52 031384-7504-US53 031384-7504-US54

OFFICE 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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 to 20 (independent Claims 1, 11, and 19, and their dependent claims) are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. The claims are drawn to a method, a device, and a computer-readable medium, and so are statutory classes under 101.  The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because of the following reasons.  Independent Claim 1 is representative and is reproduced below; the abstract idea is underlined and the structural limitations are not.  The dependent claims have no more structure than the independent claim and fail 101 for similar reasons.
A cloud gaming processing method performed by a computer device and the method comprising: (processing data according to the rules of a game)
receiving an access request of a second client for a cloud gaming instance, the cloud gaming instance having been created according to a play request of a first client for a cloud gaming, the first client being bound to a first stream processing resource of the cloud gaming instance, and data transmission between the cloud gaming instance and the first client being implemented by using the first stream processing resource; (accepting input from a player, processing data according to the rules of a game, displaying a result of game play to the player)
creating a second stream processing resource of the cloud gaming instance in response to the access request of the second client; (accepting input from a player, processing data according to the rules of a game, displaying a result of game play to the pleyr)
binding the second stream processing resource to the second client; and (processing data according to the rules of a game, displaying a result of game play to the player)
implementing data transmission between the second client and the cloud gaming instance by using the second stream processing resource. (processing data according to the rules of a game, displaying a result of game play to the player)
The claims taken together or individually do not represent an improvement to the abstract idea in an ordered combination.  The claims simply switch streaming gaming content from a first sreaming source to a second streaming source.  There is no relation to the cloud gaming processing.  The claims do not cite specific processor or memory structures for processing data in memory according to the rules of a game.  The claims do not cite specific input structures such as touchscreens, touchpads, directional pads, joysticks, trackballs, keyboards, mice, cameras, or microphones.  The claims do not cite specific output structures such as screens, displays, or speakers.  The claims do not represent an improvement in the functioning of a computing device or gaming device since they do not represent an improvement in processor speed, memory management, random number generation, thermal management, ergonomics, network speed and management (such as load balancing or rerouting of packets), bus speed and management, authentication, encryption, graphics rendering, or reduced instruction sets for carrying out complex operations (such as RISC processors).  Applying an abstract idea to a computer is not patent-eligible (Alice, http://www.supremecourt.gov/opinions/13pdf/13-298_7lh8.pdf, page 12).  Electronic recordkeeping, obtaining data, adjusting balances, issuing automated instructions, creating and maintaining accounts are typical computer functions (Alice, page 15).  Requiring the use of a computer to implement the claim does not make it patent-eligible (pages 14 & 15).  Communications controllers, data storage units, and data processing systems are typical computer structures (Alice, page 16).  Calculation, storage, and transmission are basic computer functions (Alice, page 16).  Claims cannot simply be a draftsman’s art (Alice, pages 14 & 16).
Cloud Satchel quoting Bancorp: “To salvage an otherwise patent-ineligible process, a computer must be integral to the claimed invention, facilitating the process in a way that a person making calculations or computations could not.”  In Bancorp, the independent claims did not require a computer (at 1431).  In Bancorp, the system and method claims were equivalent for patentability under 101 (at 1432).  Bancorp’s method claims did not require a computer and were not 101-compliant (at 1433).  A computer must be integral to the claimed invention (Bancorp at 1433).  A computer used in the claim only for its most basic functions does not make the claim 101-eligible (Bancorp at 1433).  Bancorp’s use of computers to track, reconcile, and administer insurance policies only used a computer’s most basic functions, adding nothing to 101 compliance (1434).  Limiting the claims to a particular field of use, such as the insurance market, does not fail to preempt the abstract idea (Bancorp at 1434 & 1435).  In Amdocs (113 USPQ2d 1565) at 1571, the fact that the claims cannot be carried out by a human being alone does not mean that they are not an abstract idea under 101 (citing Alice, 134 S.Ct. at 2359-60 and Digitech, 758 F.3d at 1351).
The examiner points the applicants to Claim 33 of U.S. patent 5,970,479 A which was the representative claim in the Alice decision.  These claim limitations are carried out on presumably a general purpose computer although such is not explicitly cited.  The claims are certainly not carried out by specific hardware.
A method of exchanging obligations as between parties, each party holding a credit record and a debit record with an exchange institution, the credit records and debit records for exchange of predetermined obligations, the method comprising the steps of:
(a) creating a shadow credit record and a shadow debit record for each stakeholder party to be held independently by a supervisory institution from the exchange institutions;
(b) obtaining from each exchange institution a start-of-day balance for each shadow credit record and shadow debit record;
(c) for every transaction resulting in an exchange obligation, the supervisory institution adjusting each respective party’s shadow credit record or shadow debit record, allowing only these transactions that do not result in the value of the shadow debit record being less than the value of the shadow credit record at any time, each said adjustment taking place in chronological order, and
(d) at the end-of-day, the supervisory institution instructing on[e] of the exchange institutions to exchange credits or debits to the credit record and debit record of the respective parties in accordance with the adjustments of the said permitted transactions, the credits and debits being irrevocable, time invariant obligations placed on the exchange institutions.
The examiner points the applicants to representative Claim 19 of U.S. patent 7,818,399 B1 which was at issue in the DDR Holdings case.  This claim in the DDR Holdings case was 101-compliant because it improved the functioning of the computer itself, namely rendering web pages in a web browser.  The claims in DDR Holdings cited what was done, and specific steps for how it was done, thus not invoking a judicial exception by preempting all possible ways of what the claim is trying to do.  The claims met the second step of the Alice analysis by improving on how web page rendering transactions were carried out over a network such as the Internet, versus how such transactions had been done before.
A system useful in an outsource provider serving web pages offering commercial opportunities, the system comprising:
(a) a computer store containing data, for each of a plurality of first web pages, defining a plurality of visually perceptible elements, which visually perceptible elements correspond to the plurality of first web pages;
(i) wherein each of the first web pages belongs to one of a plurality of web page owners;
(ii) wherein each of the first web pages displays at least one active link associated with a commerce object associated with a buying opportunity of a selected one of a plurality of merchants; and
(iii) wherein the selected merchant, the outsource provider, and the owner of the first web page displaying the associated link are each third parties with respect to one other;
(b) a computer server at the outsource provider, which computer server is coupled to the computer store and programmed to:
(i) receive from the web browser of a computer user a signal indicating activation of one of the links displayed by one of the first web pages;
(ii) automatically identify as the source page the one of the first web pages on which the link has been activated;
(iii) in response to identification of the source page, automatically retrieve the stored data corresponding to the source page; and
(iv) using the data retrieved, automatically generate and transmit to the web browser a second web page that displays: (A) information associated with the commerce object associated with the link that has been activated, and (B) the plurality of visually perceptible elements visually corresponding to the source page.
The examiner finds that wagering games are all rather similar: accepting a wager, playing the game according to the rules comprising generating random outcomes according to rules, determining winning outcomes, determining how much is to be paid for a winning outcome, and paying out the winnings.  This breakdown of the wagering claim language is similar to that in precedential case in re Smith (in re Smith (Fed. Cir. 2016), appeal 2015-1664, U.S. patent application 12/912,410).
Claim 1 at hand in in re Smith is as follows:
1. A method of conducting a wagering game comprising:
[a]) a dealer providing at least one deck of physical playing cards and shuffling the physical playing cards to form a random set of physical playing cards;
[b]) the dealer accepting at least one first wager from each participating player on a player game hand against a banker’s/dealer’s hand;
[c]) the dealer dealing only two cards from the random set of physical playing cards to each designated player and two cards to the banker/dealer such that the designated player and the banker/ dealer receive the same number of exactly two random physical playing cards;
[d]) the dealer examining respective hands to determine in any hand has a Natural 0 count from totaling count from cards, defined as the first two random physical playing cards in a hand being a pair of 5’s, 10’s, jacks, queens or kings;
[e]) the dealer resolving any player versus dealer wagers between each individual player hand that has a Natural 0 count and between the dealer hand and all player hands where a Natural 0 is present in the dealer hand, while the dealer exposes only a single card to the players;
[f]) as between each player and the dealer where neither hand has a Natural 0, the dealer allowing each player to elect to take a maximum of one additional card or standing pat on the initial two card player hand, while still having seen only one dealer card;
[g]) the dealer/banker remaining pat within a first certain predetermined total counts and being required to take a single hit within a second predetermined total counts, where the first total counts range does not overlap the second total counts range;
[h]) after all possible additional random physical playing cards have been dealt, the dealer comparing a value of each designated player’s hand to a final value of the banker’s/dealer’s hand wherein said value of the designated player’s hand and the banker’s/dealer’s hand is in a range of zero to nine points based on a pre-established scoring system wherein aces count as one point, tens and face cards count as zero points and all other cards count as their face value and wherein a two-digit hand total is deemed to have a value corresponding to the one’s digit of the two-digit total;
[i]) the dealer resolving the wagers based on whether the designated player’s hand or the banker’s/dealer’s hand is nearest to a value of 0.
Similarly to the present claims, the claim at hand in in re Smith accepted wagers from players (steps a & b), played the game according to the rules of the game comprising generating random outcomes (steps c to g), determining what the winning conditions are and how much to pay out (step h), and making the winning payouts (step i).  The card game of in re Smith would be identical played in a card and table format or in an electronic format.
The examiner points the applicants to the representative claim at hand in non-precedential Planet Bingo.  The hardware limitations of the CPU, memory, I/O terminal, and printer are only cited in clause (a).  The rest of the claim is functional claim language describing a bingo game that would occur identically in paper ticket format or computerized format with the play of the game and the game results being identical in either format.  The court held that the claims in Planet Bingo were ineligible under 101.
A method for playing a game of Bingo which comprises the steps of:
(a) providing a system for managing a game of Bingo which comprises: a computer with a central processing unit (CPU) and with a memory and with a printer connected to the CPU; an input and output terminal connected to the CPU and memory of the computer; and a program in the computer enabling:
(i) input of at least two sets of Bingo numbers which are preselected by a player for repetitive play in games of Bingo over a period of time;
(ii) storage of the sets of Bingo numbers which are preselected by the player as a group in the memory of the computer;
(iii) assignment of a player identifier unique to the player for the group having the sets of Bingo numbers which are preselected by the player wherein the player identifier is assigned to the group for multiple sessions of Bingo;
(iv) retrieval of the group using the player identifier;
(v) selection from the group by the player of at least one of the sets of Bingo numbers preselected by the player and stored in the memory of the computer as the group for play in a selected game of Bingo in a specific session of Bingo wherein a number of sets of Bingo numbers selected for play in the selected game of Bingo is less than a total number of sets of Bingo numbers in the group;
(vi) addition by the computer of a control number for the set of Bingo numbers which is selected by the player for play in the selected game of Bingo;
(vii) output of a receipt with the control number, the set of Bingo numbers which is selected for play in the selected game of Bingo, a price for the set of Bingo numbers which is selected for play in the selected game of Bingo, a date of the selected game of Bingo and optionally a computer identification number; and
(viii) output for verification of a winning set of Bingo numbers by means of the control number which is input into the computer by a manager of the game of Bingo;
(b) playing the game of Bingo using the set of Bingo numbers wherein the player signals a Bingo to indicate the set of Bingo numbers which is selected for play in the selected game of Bingo is the winning set of Bingo numbers; and
(c) verifying the winning set of Bingo numbers with the control number with the program.
The Bascom decision is relevant to the present claims (U.S. CAFC, 2015-1763, decided June 27th, 2016).  The Bascom decision required that the ordered limitations of the claims taken together add something significantly more to the abstract idea even though the individual limitations were known in the prior art.  The claim at hand in Bascom was found to comply with 101 in light of Alice.  Page 15 of Bascom:
“However, we disagree with the district court’s analysis of the ordered combination of limitations. In light of Mayo and Alice, it is of course now standard for a § 101 inquiry to consider whether various claim elements simply recite “well-understood, routine, conventional activit[ies].” Alice, 134 S. Ct. at 2359. The district court’s analysis in this case, however, looks similar to an obviousness analysis under 35 U.S.C. § 103, except lacking an explanation of a reason to combine the limitations as claimed. The inventive concept inquiry requires more than recognizing that each claim element, by itself, was known in the art. As is the case here, an inventive concept can be found in the non-conventional and non-generic arrangement of known, conventional pieces.”  Page 20 of Bascom: “While the claims of the ’606 patent are directed to the abstract idea of filtering content, BASCOM has adequately alleged that the claims pass step two of Alice’s two-part framework. BASCOM has alleged that an inventive concept can be found in the ordered combination of claim limitations that transform the abstract idea of filtering content into a particular, practical application of that abstract idea. We find nothing on this record that refutes those allegations as a matter of law or justifies dismissal under Rule 12(b)(6). We therefore vacate the district court’s order granting AT&T’s motion to dismiss under FRCP 12(b)(6) and remand so that the case may proceed.”
The McRO decision (U.S. CAFC, 2015-1080 to 2015-1101, decided Sept. 13th, 2016) is relevant to the present claims.  The McRO decision stated that an ordered combination of claim limitations can meet the requirements of 101 in light of the Alice decision by improving over what has been already done in the prior art without preempting an abstract idea.  Pages 25 and 26 of McRO: “The limitations in claim 1 prevent preemption of all processes for achieving automated lip-synchronization of 3-D characters. McRO has demonstrated that motion capture animation provides an alternative process for automatically animating lip synchronization and facial expressions. Even so, we have recognized that “the absence of complete preemption does not demonstrate patent eligibility.” Ariosa Diagnostics, Inc. v. Sequenom, Inc., 788 F.3d 1371, 1379 (Fed. Cir. 2015). The narrower concern here is whether the claimed genus of rules preempts all techniques for automating 3-D animation that rely on rules. Claim 1 requires that the rules be rendered in a specific way: as a relationship between subsequences of phonemes, timing, and the weight to which each phoneme is expressed visually at a particular timing (as represented by the morph weight set). The specific structure of the claimed rules would prevent broad preemption of all rules-based means of automating lip synchronization, unless the limits of the rules themselves are broad enough to cover all possible approaches. There has been no showing that any rules-based lip synchronization process must use rules with the specifically claimed characteristics.”  Page 27 of McRO: “Here, the structure of the limited rules reflects a specific implementation not demonstrated as that which “any [animator] engaged in the search for [an automation process] would likely have utilized.” Myriad, 133 S. Ct. at 2119–20 (quotation marks omitted). By incorporating the specific features of the rules as claim limitations, claim 1 is limited to a specific process for automatically animating characters using particular information and techniques and does not preempt approaches that use rules of a different structure or different techniques. See Morse, 56 U.S. at 113. When looked at as a whole, claim 1 is directed to a patentable, technological improvement over the existing, manual 3-D animation techniques. The claim uses the limited rules in a process specifically designed to achieve an improved technological result in conventional industry practice. Alice, 134 S. Ct. at 2358 (citing Diehr, 450 U.S. at 177). Claim 1 of the ’576 patent, therefore, is not directed to an abstract idea.”  The claim limitations individually or taken together add nothing significantly more in an ordered combination to the abstract idea.
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 (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 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 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) 1 to 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cotter (U.S. Pre-Grant Publication 2020/0197820 A1) in view of Wang, et al. (Chinese patent publication CN 112473133 A, cited on the IDS).
As to Claims 1 to 20: Cotter is the prior art document closest to the present claims.  Cotter discloses a cloud gaming processing method (see description, Paras. 45, 52, & 55 to 58, Figs. 7, 8d, 8e, & 8f): player (Nick) and player 2 (Ben) are friends or buddies who may be playing the same game in different hotel rooms, or other different remote locations (equivalent to a first client and a second client simultaneously performing the same gaming instance); Nick communicates with a host 15 by means of a pathway 94, while Ben communicates with the same host 15 by means of the pathway 95, each pathway has a separate encoder instance for compressing a respective streaming video generated by the application host 15 sent to two separate output clients (equivalent to the first client and the second client respectively performing data transmission with the cloud gaming instance on the basis of bound first and second stream resources).  The present claims differ from Cotter by: receiving an access request of the second client, and creating a second stream processing resource.  With regard to the described differences between the present claims and Cotter, Cotter discloses the following content in another embodiment (see Cotter, description, Para. 52, Fig. 8d): a first player plays the role of Batman and a second player plays the role of Robin.  The first player may log into a system and send an invitation by means of a game service user interface to invite another player to join in the game. The two clients 87a and 87b, and the output client 86 are synchronized and bound or attached to the same application host 15 for the entirety of the gaming session.  One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to make this modification, since this is a mere duplication of structure that allows multiple players to play the game on the same network.  Some of the additional technical features of the present claims are disclosed in Cotter: accessing the game by means of an observer mode; the second stream processing resource for the second client; each player having a respective input device; and separate encoders for the first client and the second client.  Moreover, adjusting transmission parameters according to network probing information, adjustment of a window resolution of a cloud container and an encoding resolution, a manner of sharing the game, etc. which are not disclosed are all conventional technical means in the art.
Conclusion

APPLICANT REBUTTAL: REMARKS
This amendment responds to the office action mailed October 1, 2024. In the office action, the Examiner:
" rejected claims 1-20 under 35 U.S.C. § 101 as being directed to a judicial
exception without significantly more; and
" rejected claims 1-20 under 35 U.S.C. 103 as being unpatentable over Cotter (U.S.
Publication No. 2020/0197820 Al), in view of Wang et al. (CN 112473133 A).
I
NTERVIEW SUMMARY
Applicant's attorneys thank Examiner Hoel for the opportunity to discuss the
application during a telephone interview on November 19, 2024 with Yalei Sun. In the interview, the Examiner agreed that amending claim 1 would overcome the current rejection under 35 U.S.C. §101 and §103 but requires an updated search. Claim 1 has been amended accordingly. Analogous amendments have been made to claims 11 and 19.
REMARKS CONCERNING CLAIMS
Claims 1, 11 and 19 have been amended by incorporating the subject matter of claims
6 and 7 therein, respectively, as well as additional claim features.
Claims 6, 7 and 17 have been canceled.
Claims 21-23 have been added.
Support for the amendments can be found in at least original claims 6 and 7 as well as paragraphs [0099] and [0100], and Figure 7b of the application as filed. No new matter has been added.
With respect to all amendments, Applicant has not dedicated or abandoned any
unclaimed subject matter. Moreover, Applicant has not acquiesced to any characterizations of the invention, nor any rejections or objections of the claims, made by the Examiner. Moreover, the Applicant hereby rescinds any prior disclaimer of claim scope, to the extent they exist, made during the prosecution of this application or made during the prosecution of any patent or other related patents/applications, and advises the Examiner that any such previous disclaimers and the cited references that they were made to avoid may need to be revisited.
After entry of this amendment, the pending claims are: claims 1-5, 8-16 and 18-23.
REMARKS CONCERNING REJECTIONS UNDER 35 U.S.C. 101
I.    REJECTION OF CLAIMS 1-20 UNDER 35 U.S.C. § 101 AS BEING DIRECTED TO A
JUDICIAL EXCEPTION WITHOUT SIGNIFICANTLY MORE.
As noted above, the Examiner agrees that the amended claim 1 has overcome the 101 rejection by integrating the additional claim features into a practical application that are sufficient to overcome the judicial exception with significantly more features.
In view of the above, the Applicant respectfully submits that the rejection of claims 1- 5, 8-16 and 18-23 under 35 U.S.C. §101 should be withdrawn.
REMARKS CONCERNING REJECTIONS UNDER 35 U.S.C. 103
II.   REJECTION OF CLAIMS 1-20 UNDER 35 U.S.C. 103 AS BEING UNPATENTABLE OVER
COTTER, IN VIEW OF WANG.
Claim 1 has been amended to recite that:
receiving a request for playing a cloud gaming from a first client at a first terminal, the play request including a user identifier
of the first client and indicating that the first client is a primary
player of the cloud computing;
creating a cloud gaming instance in response to the request for playing the cloud gaming from the first client;
binding the first client to a first stream processing resource of the cloud gaming instance, wherein data transmission between
the cloud gaming instance and the first client is implemented by
using the first stream processing resource;
receiving an access request for the cloud gaming instance from a second client at a second terminal, the access request
including a user identifier of the second client and a first access
policy indicating that the second client is a participant of the cloud
gaming instance;
creating a second stream processing resource of the cloud gaming instance in response to the access request of the second
client;
binding the second stream processing resource to the second client;
implementing data transmission between the second client and the cloud gaming instance by using the second stream
processing resource;
transmitting a network probe packet to the second client using the second stream processing resource for
detecting a network congestion situation of the second stream
processing resource;
receiving network information returned by the second client in response to the network probe packet; and adjusting one or more network transmission parameters of the second stream processing resource in
accordance with the network information and the first access
policy,
wherein the first stream processing resource and the second stream processing resource have different video
streams of the cloud gaming instance and share one audio
stream of the cloud gaming instance.
Emphasis Added.
As highlighted above, the amended claim 1 requires that the first stream processing resource associated with the first terminal and the second stream processing resource associated with the second terminal have different video streams of the cloud gaming instance in response to a network congestion situation but share the same audio stream of the cloud gaming instance to provide the best user experience to both users at the first and second terminals.
In contrast, neither Cotter nor Wang teaches or suggests the highlighted claim features above as required by the pending claims.
Finally, the Examiner agrees that the amended claim 1 has overcome the current rejection based on Cotter in view of Wang. Claims 11 and 19 have been amended in a substantially similar manner as claim 1.
In view of the above, the Applicant respectfully submits that the rejection of claims 1-5, 8-16 and 18-23 under 35 U.S.C. 103 should be withdrawn.
CONCLUDING REMARKS
By responding in the foregoing remarks only to particular positions asserted by the examiner, the Applicant does not necessarily acquiesce in other positions that have not been explicitly addressed. In addition, the Applicant's arguments for the patentability of a claim should not be understood as implying that no other reasons for the patentability of that claim exist.
In light of the above amendments and remarks, the Applicant respectfully requests that the Examiner reconsider this application with a view towards allowance. The Examiner is invited to call the undersigned attorney at (650) 843-7558, if a telephone call could help resolve any remaining items.
Respectfully submitted,

NEXT OFFICE ACTION: 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 .
Allowable Subject Matter
Claims 1 to 5, 8 to 16, and 18 to 23 (independent Claims 1, 11, and 19, and their dependent claims) are allowed.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance:  The closest prior art is Cotter (U.S. Pre-Grant Publication 2020/0197820 A1, cited in the ISR for parent case PCT/CN2022082147).  See Paras. 45, 52, and 55 to 58, and Figs. 7 and 8e,d,f of Cotter.  The two players of the networked game have separate instances of a game being streamed to their respective clients (Para. 56).  Cotter does not suggest the presently claimed network probe packets in conjunction with the rest of the claim limitations.
The present claims pertain to: “a cloud gaming processing method performed by a computer device and the method comprising: receiving a request for playing a cloud gaming from a first client at a first terminal, the play request including a user identifier of the first client and indicating that the first client is a primary player of the cloud computing; creating a cloud gaming instance in response to the request for playing the cloud gaming from the first client; binding the first client to a first stream processing resource of the cloud gaming instance, wherein data transmission between the cloud gaming instance and the first client is implemented by using the first stream processing resource; receiving an access request for the cloud gaming instance from a second client at a second terminal, the access request including a user identifier of the second client and a first access policy indicating that the second client is a participant of the cloud gaming instance; creating a second stream processing resource of the cloud gaming instance in response to the access request of the second client; binding the second stream processing resource to the second client;  implementing data transmission between the second client and the cloud gaming instance by using the second stream processing resource; transmitting a network probe packet to the second client using the second stream processing resource for detecting a network congestion situation of the second stream processing resource; receiving network information returned by the second client in response to the network probe packet; and adjusting one or more network transmission parameters of the second stream processing resource in accordance with the network information and the first access policy, wherein the first stream processing resource and the second stream processing resource have different video streams of the cloud gaming instance and share one audio stream of the cloud gaming instance.”  See Fig. 1 and Paras. 47 and 48 of the specification.  The claimed probe packet (Figs. 7A,B, Paras. 97 to 100) allows the data stream such as video or audio to be adapted to the respective clients’ network bandwidths and graphics capabilities ensuring high-resolution display and preventing lags or other network delays.  The examiner respects that the applicants may have different reasons for allowance.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

CITED REFERENCE SUMMARIES: Ref US20150217199A1: Claims:
A method of operation for an online video game or application service system comprising: running a video game or application on an application host server at a data center, an uncompressed video stream being produced therefrom; encoding the uncompressed video stream, a compressed video stream being generated therefrom; transmitting the compressed video stream from the application host server through a first instance of a game service at the data center, and then from the data center to a first output client device of a first user over the Internet, the first user being located a remote distance from the data center, the first output client device for decompressing the compressed video stream and displaying live video of the video game or application on a first screen; receiving, by the application host server, first user control input transmitted over the Internet from a first input client device, the first user control input being transmitted through a second instance of the game service at the data center and including first game or application commands, the first input client device being associated with the first user, the first input client device being separate from the first output client device; and generating a new uncompressed video stream by the application host server responsive to the first game or application commands.
running a video game or application on an application host server at a data center, an uncompressed video stream being produced therefrom;
encoding the uncompressed video stream, a compressed video stream being generated therefrom;
transmitting the compressed video stream from the application host server through a first instance of a game service at the data center, and then from the data center to a first output client device of a first user over the Internet, the first user being located a remote distance from the data center, the first output client device for decompressing the compressed video stream and displaying live video of the video game or application on a first screen;
receiving, by the application host server, first user control input transmitted over the Internet from a first input client device, the first user control input being transmitted through a second instance of the game service at the data center and including first game or application commands, the first input client device being associated with the first user, the first input client device being separate from the first output client device; and
generating a new uncompressed video stream by the application host server responsive to the first game or application commands.
The method of claim 1 wherein the transmitting of the compressed video stream occurs through a first port of a gateway device coupled to the Internet.
The method of claim 2 wherein the user control input is transmitted through a second port of the gateway device coupled to the second instance of the game service, the first instance of the game service being coupled to a third port of the gateway device.
The method of claim further comprising synchronizing the first input client device and the first output client device prior to the running of the video game or application.
The method of claim 4 wherein the synchronizing comprises: sending a code from the data center to the first output client device; receiving the code from the first input client device, the code being read by the first input client device from the first output client device; matching, by a logic unit of the data center, the first input client device and the first output client device; and binding the first input client device and the first output client device for a session of the video game or application.
sending a code from the data center to the first output client device;
receiving the code from the first input client device, the code being read by the first input client device from the first output client device;
matching, by a logic unit of the data center, the first input client device and the first output client device; and
binding the first input client device and the first output client device for a session of the video game or application.
The method, of claim 5 wherein the code comprises a wick Response (code.
The method of claim 5 wherein the code comprises a pattern presented to the user by the output client device.
The method of claim 7 wherein the pattern comprises a sound pattern.
The method of claim 5 wherein the code comprises a game presented to the user by the output client device.
The method of claim 1 further comprising authenticating the first user through a web service of the data center.
The method of claim 1 further comprising receiving, by the application host server, second user control input transmitted over the Internet from a second input client device associated with a second user, the second user control input being transmitted through a third instance of the game service at the data center, wherein the video game or application comprises a multi-player video game.
The method of claim 11 further comprising transmitting the compressed video stream through a fourth instance of the game service at the data center, and then from the data center to a second output client device of the second user over the Internet, the second user being located a remote distance from the data center, the second output client device for decompressing the compressed video stream and displaying the live video on a second screen.
The method of claim 11 further comprising: storing a copy of the compressed video stream in a database; and streaming, by a media application host server of the data center, the copy of the compressed video stream from the database to a spectating client device.
storing a copy of the compressed video stream in a database; and
streaming, by a media application host server of the data center, the copy of the compressed video stream from the database to a spectating client device.
An online video game or application service system comprising: an application host server of a data center, the application host server running a video game or application, uncompressed video stream being produced therefrom; and encoder that encodes the uncompressed video stream, a compressed video stream being generated therefrom; a first instance of a game service coupled to the encoder; a gateway having a first port coupled to the game service and a second port coupled to the Internet, the gateway transmitting the compressed video stream received from the first instance of a game service to a first output client device of a first user over the Internet, the first user being located a remote distance from the data center, the first output client device for decompressing the compressed video stream and displaying live video of the video game or application on a first screen, the gateway being configured to receive first user control input transmitted over the Internet from a first input client device, and send the first user control input to the application host server, the first user control input including first game or application commands, the first input client device being associated with the first user and being separate from the first output client device; and wherein the application host server generates a new uncompressed video stream responsive to the first game or application commands.
an application host server of a data center, the application host server running a video game or application, uncompressed video stream being produced therefrom;
and encoder that encodes the uncompressed video stream, a compressed video stream being generated therefrom;
a first instance of a game service coupled to the encoder;
a gateway having a first port coupled to the game service and a second port coupled to the Internet, the gateway transmitting the compressed video stream received from the first instance of a game service to a first output client device of a first user over the Internet, the first user being located a remote distance from the data center, the first output client device for decompressing the compressed video stream and displaying live video of the video game or application on a first screen, the gateway being configured to receive first user control input transmitted over the Internet from a first input client device, and send the first user control input to the application host server, the first user control input including first game or application commands, the first input client device being associated with the first user and being separate from the first output client device; and
wherein the application host server generates a new uncompressed video stream responsive to the first game or application commands.
The system of claim 14 wherein the gateway includes a third port coupled to a second instance of the game service, the game service being coupled with the application host server.
The system of claim 14 further comprising a web service of the data center that communicates with the first output client device and the first input client device, the web service being coupled to a logic unit that synchronizes the first input client device and the first output client device prior to the running of the video game or application.
The system of claim 16 wherein the synchronization of the first input client device and the first output client device comprises: sending a code from the web service to the first output client device; receiving, by the web service, the code from the first input client device, the code being read by the first input client device from the first output client device; matching, by the logic unit, the first input client device and the first output client device; and binding the first input client device and the first output client device for a session of the video game or application.
sending a code from the web service to the first output client device;
receiving, by the web service, the code from the first input client device, the code being read by the first input client device from the first output client device;
matching, by the logic unit, the first input client device and the first output client device; and
The system of claim 14 wherein the video game or application comprises a multi-player video game and further comprising a third instance of the game service coupled between the application host server and the gateway, second user control input, transmitted over the Internet from a second input client device associated with a second user, being received by the gateway and sent through the third instance of the game service to the application host server.
The system of claim 18 further comprising a fourth instance of the game service, the compressed video stream being sent from the application host server through the fourth instance of the game service and then transmitted by the gateway to a second output client device of the second user over the Internet, the second user being located a remote distance from the data center, the second output client device for decompressing the compressed video stream and displaying the live video on a second screen.
The system of claim 14 further comprising: a database coupled to the application host server, the database storing a copy of the compressed video stream; and a media application host server of the data center operable to stream the copy of the compressed video stream from the database to a spectating client device.
a database coupled to the application host server, the database storing a copy of the compressed video stream; and
a media application host server of the data center operable to stream the copy of the compressed video stream from the database to a spectating client device.
A method of operation for an online video game or application service system comprising: providing a first video stream an output client device, the first video stream including instructions to a user of the output client device, the instructions including a code to be read by an input client device of the user, the input client device being separate from the output client device; receiving a transmission from the input client device that includes the code; response to receipt of the code, binding the input client device and the output client device together for a video game or application session.
providing a first video stream an output client device, the first video stream including instructions to a user of the output client device, the instructions including a code to be read by an input client device of the user, the input client device being separate from the output client device;
receiving a transmission from the input client device that includes the code;
response to receipt of the code, binding the input client device and the output client device together for a video game or application session.
The method of claim 21 further comprising synchronizing the input client device with the output client device for the video game or application session.
Ref US9333433B2: Claims:
A method of operation for an online video game or application service system comprising: running a video game or application on an application host server at a data center to produce an uncompressed video stream; encoding the uncompressed video stream to generate a compressed video stream; transmitting the compressed video stream from the application host server through a first instance of a game service at the data center, and then from the data center to a first output client device over the Internet, the first output client device being located a remote distance from the data center, the first output client device for decompressing the compressed video stream and displaying live video of the video game or application on a first screen; receiving, by the application host server, first user control input transmitted over the Internet from a first input client device, the first user control input being transmitted through a second instance of the game service at the data center and including first game or application commands, the first input client device being separate from the first output client device; generating a new uncompressed video stream by the application host server responsive to the first game or application commands; and synchronizing the first input client device and the first output client device prior to the running of the video game or application, wherein the synchronizing comprises: sending a code from the data center to the first output client device; receiving the code from the first input client device, the code read by the first input client device from the first output client device; binding, by a logic unit of the data center, the first input client device and the first output client device for a session of the video game or application when the code received from the first input client device matches the code sent to the first output client device.
running a video game or application on an application host server at a data center to produce an uncompressed video stream;
encoding the uncompressed video stream to generate a compressed video stream;
transmitting the compressed video stream from the application host server through a first instance of a game service at the data center, and then from the data center to a first output client device over the Internet, the first output client device being located a remote distance from the data center, the first output client device for decompressing the compressed video stream and displaying live video of the video game or application on a first screen;
receiving, by the application host server, first user control input transmitted over the Internet from a first input client device, the first user control input being transmitted through a second instance of the game service at the data center and including first game or application commands, the first input client device being separate from the first output client device;
generating a new uncompressed video stream by the application host server responsive to the first game or application commands; and
synchronizing the first input client device and the first output client device prior to the running of the video game or application, wherein the synchronizing comprises: sending a code from the data center to the first output client device; receiving the code from the first input client device, the code read by the first input client device from the first output client device; binding, by a logic unit of the data center, the first input client device and the first output client device for a session of the video game or application when the code received from the first input client device matches the code sent to the first output client device.
sending a code from the data center to the first output client device;
receiving the code from the first input client device, the code read by the first input client device from the first output client device;
binding, by a logic unit of the data center, the first input client device and the first output client device for a session of the video game or application when the code received from the first input client device matches the code sent to the first output client device.
The method of claim 1 wherein the transmitting of the compressed video stream occurs through a first port of a gateway device coupled to the Internet.
The method of claim 2 wherein the first user control input is transmitted through a second port of the gateway device coupled to the second instance of the game service, the first instance of the game service being coupled to a third port of the gateway device.
The method of claim 1 wherein the code comprises a Quick Response (QR) code.
The method of claim 1 wherein the code comprises a pattern.
The method of claim 5 wherein the pattern comprises a sound pattern.
The method of claim 1 wherein the code comprises a game.
The method of claim 1 further comprising authenticating a first user operating the first input client device and viewing the first output client device through a web service of the data center.
The method of claim 1 further comprising receiving, by the application host server, second user control input transmitted over the Internet from a second input client device, the second user control input being transmitted through a third instance of the game service at the data center, wherein the video game or application comprises a multi-player video game.
The method of claim 9 further comprising transmitting the compressed video stream through a fourth instance of the game service at the data center, and then from the data center to a second output client device over the Internet, the second output client device being located a remote distance from the data center, the second output client device for decompressing the compressed video stream and displaying the live video on a second screen.
The method of claim 9 further comprising: storing a copy of the compressed video stream in a database; and streaming, by a media application host server of the data center, the copy of the compressed video stream from the database to a spectating client device.
storing a copy of the compressed video stream in a database; and
streaming, by a media application host server of the data center, the copy of the compressed video stream from the database to a spectating client device.
An online video game or application service system comprising: an application host server of a data center, the application host server configured to run a video game or application, uncompressed video stream being produced therefrom; an encoder configured to encode the uncompressed video stream to generate a compressed video stream; a first instance of a game service coupled to the encoder; a gateway having a first port coupled to the game service and a second port coupled to the Internet, the gateway configured to transmit the compressed vid
[Truncated to input limit]