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`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
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`14/965,900
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`12/11/2015
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`NORITAKA IGUCHI
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`2016-0076T
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`5352
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`08’0””
`- 759°
`”5044
`Wenderoth, L1nd & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
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`Washington DC 20036
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`HUNTER” MISHAWN N
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`2484
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/06/2019
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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
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`PTOL-90A (Rev. 04/07)
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`
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`0/7709 A0170” Summary
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`Application No.
`14/965,900
`Examiner
`Mishawn N Hunter
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`Applicant(s)
`IGUCHI et al.
`Art Unit
`2484
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`AIA (FITF) Status
`Yes
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`- 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).
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`Status
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`1). Responsive to communication(s) filed on 4/30/19.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`10—17 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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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 10—17 is/are rejected.
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`[:1 Claim(s)
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`is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* 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
`10)[:] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 12/11/15 is/are: a). accepted or b)D objected to by the Examiner.
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`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).
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`Priority under 35 U.S.C. § 119
`12). 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). All
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`b)D Some**
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`c)D None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3:] 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)
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`Notice of References Cited (PTO-892)
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`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] 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 20190801
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`
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`Application/Control Number: 14/965,900
`Art Unit: 2484
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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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`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 4/30/19
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`has been entered.
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`Claim Rejections - 35 USC § 103
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`3.
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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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`4.
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`This application currently names joint inventors. In considering patentability of the
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`claims the examiner presumes that the subject matter of the various claims was
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`commonly owned as of the effective filing date of the claimed invention(s) absent any
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`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
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`point out the inventor and effective filing dates of each claim that was not commonly
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`Application/Control Number: 14/965,900
`Art Unit: 2484
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`Page 3
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`owned as of the effective filing date of the later invention in order for the examiner to
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`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
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`prior art against the later invention.
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`5.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`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.
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`6.
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`Claims 10, 12, 14, and 16 are rejected under 35 U.S.C. 103 as being
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`unpatentable over Kim et al. (US Pub. No. 2013/0125187) in view of Park (US Pub. No.
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`6,801,709).
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`7.
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`Consider claim 10. Kim et al. teaches a playback method performed by a
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`playback apparatus, the playback method comprising: receiving control information from
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`a content transmission apparatus to play back segments stored in the content
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`transmission apparatus, the segments including video segments and audio segments
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`(para. 0078 describes receiving any segment and sync information; para. 0085
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`describes generating sync information, including a media presentation time to be
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`provided via a receiving apparatus, along with the media file), the segments
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`corresponding to data units defined in an MPEG-DASH standard (figs. 18 and 19 show
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`a media file using MPEG-DASH); extracting a playback start timing from the control
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`information, the playback start timing associating a first video segment in the video
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`segments with a first audio segment in the audio segments (para. 0054 describes
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`synchronizing a video stream and an audio stream; para. 0162 describes extracting
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`Application/Control Number: 14/965,900
`Art Unit: 2484
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`Page 4
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`media presentation time from the received sync information); receiving the first video
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`segment and the first audio segment from the content transmission apparatus ((para.
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`0078 describes receiving any segment and sync information); and simultaneously
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`playing back the first video segment and the first audio segment based on the playback
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`start timing (claim 13 describes playing backing the media filed using the media
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`presentation time).
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`Kim et al. does not teach wherein the control information includes update
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`information indicating whether the control information is updated.
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`However, Park teaches wherein the control information includes update
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`information indicating whether the control information is updated (col. 3, lines 48-52
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`describes updating the SCR value with a PTS value indicating the presentation time of
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`the decoded picture).
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`Therefore, it would have been obvious to one with ordinary skill in the art, before
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`the effective filing date of the claimed invention, wherein the control information includes
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`update information indicating whether the control information is updated, in order to
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`maintain synchronization between video data and sub-picture data as suggested in the
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`prior art.
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`8.
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`Claims 12, 14, and 16 are rejected using similar reasoning as corresponding
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`claim 10 above.
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`9.
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`Claims 11, 13, 15, and 17 are rejected under 35 U.S.C. 103 as being
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`unpatentable over Kim et al. (US Pub. No. 2013/0125187) in view of Park (US Pub. No.
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`6,801,709) in further View of Blankenship (US Pub. No. 2006/0149781).
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`
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`Application/Control Number: 14/965,900
`Art Unit: 2484
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`Page 5
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`10.
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`Consider claim 11. Kim et al. and Park teach all claimed limitations as stated
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`above, except wherein the update information indicates rearrangement of the segments.
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`However, Blankenship teaches wherein the update information indicates
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`rearrangement of the segments (para. 0055 describes wherein updating the XML file
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`comprises rearranging the segments of the video).
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`Therefore, it would have been obvious to one with ordinary skill in the art, before
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`the effective filing date of the claimed invention, wherein the update information
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`indicates rearrangement of the segments, in order to relate metadata to media objects
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`as suggested in the prior art
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`11.
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`Claims 13, 15, and 17 are rejected using similar reasoning as corresponding
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`claim 1 1 above.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Mishawn N Hunter whose telephone number is
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`(571)272-7635. The examiner can normally be reached on Monday-Friday 7am-4pm.
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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
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(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, Thai Tran can be reached on 571-272—7382. The fax phone number for the
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`organization where this application or proceeding is assigned is 571-273-8300.
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`
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`Application/Control Number: 14/965,900
`Art Unit: 2484
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`Page 6
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`/MISHAWN N. HUNTER/
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`Primary Examiner, Art Unit 2484
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`