UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/073,553
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`07/27/2018
`
`Peter KLENNER
`
`2018-1192A
`
`6177
`
`02’20’2020
`- 759°
`”5044
`Wenderoth, L1nd & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`
`Washington DC 20036
`
`DUBASKY' GIGIL
`
`2421
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/20/2020
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`eoa @ wenderoth. com
`kmiller @ wenderothcom
`
`PTOL-90A (Rev. 04/07)
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`

`

`017/09 A0170” Summary
`
`Application No.
`16/073,553
`Examiner
`GIGI L DU BASKY
`
`Applicant(s)
`KLENNER etal.
`Art Unit
`AIA (FITF) Status
`2421
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 01/22/2020.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
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`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s)
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`5,7 and 9—16 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`
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`[:1 Claim(ss)
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`is/are allowed.
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`Claim(ss) 5, 7 and 9— 16 is/are rejected.
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`D Claim(ss_) is/are objected to.
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`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
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`10)|:l The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
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`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:] Some**
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`c)l:i None of the:
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`1C] Certified copies of the priority documents have been received.
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`2C] Certified copies of the priority documents have been received in Application No.
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`3D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) [3 Notice of References Cited (PTO-892)
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`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20200216
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`1.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`Continued Examination Under 37 CFR 1. 1 14
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`2.
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`A request for continued examination under 37 CFR 1.114, including the fee set
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`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
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`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
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`01/22/2020 has been entered.
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 3
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`Status of Claims
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`3.
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`4.
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`5.
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`Claims 1-4, 6 and 8 have been cancelled.
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`Claims 13-16 have been newly added.
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`Claims 5, 7 and 9-16 are pending.
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`Response to Arguments
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`6.
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`Applicant's arguments in the Remarks filed on 01/22/2020 with regards to claims
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`5 and 10-12 have been fully considered but they are not persuasive.
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`In response to the Applicant’s argument that Fablet fails to disclose “the at least
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`one first segment includes only some of a plurality of initialization segments”, Examiner
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`respectfully disagrees.
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`It is noted that the claimed limitation of “initialization segments”, without further
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`defining what function of initialization is, is still broad enough to be interpreted as initial
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`or startup segments.
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`With that in mind, Fablet discloses the at least one first segment includes a
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`plurality of initialization segments which have only initialization data or initialization data
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`and a first media segment based on determination of level of confidence associated
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`with selected data to be pushed, such as when the level of confidence is low the first
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`segment includes only initialization data to be pushed, and when the level of confidence
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`is high the first segment includes both initialization data and first media segment to be
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`pushed (11 [0265]-[0267], 11 [05371-[0541] and 11 [0569]-[0579]). It means that Fablet
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 4
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`teaching still meets the claimed limitation of “the at least one first segment includes only
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`some of a plurality of initialization segments”.
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`Claim Rejections - 35 USC § 102
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`7.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`patent or application, as the case may be, names another inventor and was effectively filed
`before the effective filing date of the claimed invention.
`
`8.
`
`Claims 5, 7 and 9-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated
`
`by Fablet et al (US 2016/0198012).
`
`Regarding claim 5, Fablet discloses a client complied to Moving Picture Experts
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`Group-Dynamic Adaptive Streaming over HTTP (MPEG-DASH) standard, the client
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`(client device in Figure 3) comprising: a communication circuit; and a processor coupled
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`to the communication circuit (Figure 13), the processor being configured to:
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`select a first push type from among predefined push types to generate a first
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`push directive describing the first push type (1] [0486]-[0487] and 1] [0510]-[0514]), the
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`predefined push types defining respective strategies to push information from a server
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`to the client (1] [0396], 1] [0410], 1] [0464]-[0469] and 1] [0517]);
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`control the communication circuit to transmit, to the server, a Media Presentation
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`Description (MPD) request including the first push directive (Figures 7a-7b and 18a-18b;
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`11 [0340], 11 [0367], 11 [0417]-[0418] and 11 [05141-[051 6]);
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 5
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`control the communication circuit to receive, from the server, an MPD specified
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`by the MPD request and at least one first segment selected by the server, the at
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`least one first segment not being specified by the first push directive (Figures 7a-7b and
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`18a-18b; 1i [0417]-[0419] and 11 [0483]—[0484]);
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`select a second push type from among the predefined push types to generate a
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`second push directive describing the second push type (1] [0401]—[0406], 1i [0486]—[0487]
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`and 11 [0491]—[0493]);
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`refer to the received MPD to generate a segment request (Figure 7a-7b and 18a-
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`18b; 1i [0340]-[0343], 11 [0484] and 11 [0491]—[0495]);
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`control the communication circuit to transmit, to the server, the segment
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`request including the second push directive (Figures 7a-7b and 18a-18b; 11 [0341]-
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`[0342] and 11 [0491]—[0495]); and
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`control the communication circuit to receive the at least one second segment
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`from the server specified by the second push directive (Figures 7a-7b and 18a-18b; 11
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`[0342] and 11 [0491]—[0495]), wherein the at least one first segment includes only some
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`of a plurality of initialization segments (11 [0265]—[0267], 1i [0537]-[0541] and 11 [0569]-
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`[0579] for at least one first segment includes a plurality of initialization segments, which
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`have only initialization data to be pushed when the level of confidence is low, and
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`having initialization data and a first media segment to be pushed when the level of
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`confidence is high).
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 6
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`Regarding claim 7, Fablet discloses the client as discussed in the rejection of
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`claim 5. Fablet further discloses wherein the at least one initialization segment includes
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`meta data for a media content (1] [0538]-[0541]).
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`Regarding claim 9, Fablet discloses the client as discussed in the rejection of
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`claim 5. Fablet further discloses wherein the processor is configured to control the
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`communication circuit to transmit the MPD request and the first push directive to a first
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`computer included in the server, and the processor is configured to control the
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`communication circuit to transmit the segment request to a second computer included in
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`the server (Figure 3).
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`Regarding claim 10, Fablet discloses a server complied to Moving Picture
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`Experts Group-Dynamic Adaptive Streaming over HTTP (MPEG-DASH) standard
`
`(server in Figure 3), the server comprising: a communication circuit; and a processor
`
`coupled to the communication circuit (Figure 13), the processor being configured to:
`
`control the communication circuit to receive, from a client, an Media Presentation
`
`Description (MPD) request including a first push directive (Figures 7a-7b and 18a-18b),
`
`the first push directive describing a first push type selected from among predefined push
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`types (1] [0486]-[0487] and 1] [0510]-[0514]), the predefined push types defining
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`respective strategies to push information from the server to the client (1] [0396], 1] [0410],
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`1] [0464]-[0469] and 1] [0517]);
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`select at least one first segment from among stored segments, the at least one
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`first segment being not specified by the first push directive (Figures 7a-7b and 18a-18b);
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 7
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`control the communication circuit to transmit, to the client, an MPD specified by
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`the MPD request and the at least one first segment (Figures 7a-7b and 18a-18b);
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`control the communication circuit to receive, from the client, a segment request
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`including a second push directive, the second push directive describing a second push
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`type selected from among the predefined push types (Figures 7a-7b and 18a-18b; 11
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`[0341]—[0342] and 11 [0491]—[0495]); and
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`control the communication circuit to transmit, to the client, at least one second
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`segment specified by the segment request (Figures 7a-7b and 18a-18b; 11 [0342] and 11
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`[0491]—[0495]), wherein the at least one first segment includes only some of a plurality of
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`initialization segments (11 [0265]—[0267], 11 [0537]-[0541] and 11 [0569j-[0579] for at least
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`one first segment includes a plurality of initialization segments, which have only
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`initialization data to be pushed when the level of confidence is low, and having
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`initialization data and a first media segment to be pushed when the level of confidence
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`is high).
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`Regarding claim 11, all limitations of claim 11 are analyzed and rejected
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`corresponding to claim 5.
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`Regarding claim 12, all limitations of claim 12 are analyzed and rejected
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`corresponding to claim 10.
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`Regarding claim 13, Fablet discloses the client as discussed in the rejection of
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`claim 5. Fablet further discloses wherein the strategies include at least one first strategy
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 8
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`and at least one second strategy different from the at least one first strategy, and the at
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`least one first strategy is selectable to push the MPD and the at least one second
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`strategy is selectable to push the at least one second segment (Figures 18a-18b; 1i
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`[0467]-[0469], 11 [051 71-[051 8]).
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`Regarding to claims 14-16, all limitations of claims 14-16 are analyzed and
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`rejected corresponding to claim 13.
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`Conclusion
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`9.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to GIGI L DUBASKY whose telephone number is
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`(571)270-5686. The examiner can normally be reached on M-F 9:00-5:00.
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`Examiner interviews are available via telephone, in-person, and video
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`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.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Nathan Flynn can be reached on 571-272—1915. The fax phone number for
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`the organization where this application or proceeding is assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`

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`Application/Control Number: 16/073,553
`Art Unit: 2421
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`Page 9
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance from a USPTO Customer Service Representative or access
`
`to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571 -
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`272-1000.
`
`/GIGI L DUBASKY/
`
`Primary Examiner, Art Unit 2421
`
`