`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVIISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/654,912
`
`06/23/2015
`
`Takuya IWANAMI
`
`704042648
`
`2849
`
`07/07/2016 —SHARP KABUSHIKIKAISHA m
`7590
`54072
`C/O KEATING & BENNETT, LLP
`GEE, ALEXANDER
`1800 Alexander Bell Drive
`SUITE 200
`
`PAPER NUMBER
`
`Reston, VA 20191
`
`2425
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/07/2016
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`JKEATING @ KB IPLAWCOM
`
`uspto @kbiplaw.c0m
`epreston @kbiplaw.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/654,912 IWANAMI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`ALEXANDER GEE its“ 2425
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`
`
`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 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If 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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 6/10/2016.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I 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.
`
`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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 649 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_6-9 is/are rejected.
`
`8)|:I Claim(s)_ is/are objected to.
`* If any)claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`
`
`()
`
`are subject to restriction and/or election requirement.
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`iindex.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
`
`hit
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`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
`
`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`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)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20160629
`
`

`

`Application/Control Number: 14/654,912
`
`Art Unit: 2425
`
`Page 2
`
`l.
`
`The present application is being examined under the pre—AIA first to invent provisions.
`
`DETAILED ACTION
`
`Status of the Claims
`
`Claims 6-9 are pending in this Office Action.
`
`Claims 6-9 are amended.
`
`Claims 1-5 are canceled.
`
`Response to Arguments
`
`2.
`
`Applicant's arguments filed 6/10/2016 have been fully considered but
`
`they are not
`
`persuasive. The reasons are set forth below.
`
`Regarding claims 6-9,
`
`the Applicant argues that Luby fails to teach the amended
`
`language because it does not disclose the use of metadata that includes an attribute indicating a
`
`range of a parameter value and that the video acquirer be configured to generate a query string
`
`according to the attribute indicating the range of the parameter value. However, the Examiner
`
`respectfully disagrees with the Applicant. The Applicant has failed to adequately define the
`
`terms, “parameter value,” within the claims. The Applicant has provided several examples in the
`
`present specification for what may constitute the parameter values, but makes no assertion as to
`
`what values the terms specifically represent within the claims. Thus, Luby still teaches the use
`
`of metadata that includes an attribute indicating a range of a parameter value because it discloses
`
`that
`
`the client device is provided with metadata which describes features of the media
`
`presentation, such as the available encodings (for example, required bandwidth, resolutions,
`
`encoding parameters, media type, language) (see Luby, figure 9(a) and paragraph 83). Lastly,
`
`Luby teaches that the video acquirer is configured to generate a query string according to the
`
`

`

`Application/Control Number: 14/654,912
`
`Art Unit: 2425
`
`Page 3
`
`range of the parameter value because it discloses that the client device generates a URL, or
`
`segment play—list, based on the information in the metadata provided to the client device (see
`
`Luby, paragraphs 367, 373, 469, and 520).
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`The following is a quotation of the appropriate paragraphs of pre—AIA 35 USC. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign
`country or in public use or on sale in this country, more than one year prior to the date of
`application for patent in the United States.
`
`4.
`
`Claims 6-9 are rejected under pre—AIA 35 USC. 102(b) as being anticipated by Luby et
`
`al. (US 2011/0238789).
`
`Regarding claims 6, 7, 8, and 9, Luby discloses a video acquisition device (Figures 1
`
`and 2 and paragraphs 27, 62, 65, 103, and 105 illustrate a block—request streaming system
`
`whereby a user device may request media content files from a media content server), comprising:
`
`a video acquirer configured to acquire, from a video supply device, a video (Paragraphs
`
`62 and 65 illustrate that a client device requests video content which is then streamed by a media
`
`content server to the client device); and
`
`a metadata acquirer configured to acquire, from the video supply device, metadata
`
`(Paragraph 83 illustrates that the client device is provided with metadata files associated with the
`
`media content);
`
`the metadata includes an attribute indicating a range of a parameter value (Figure 9(a)
`
`and paragraph 83 illustrates that the client device is provided with metadata which describes
`
`features of the media presentation, such as the available encodings (for example, required
`
`

`

`Application/Control Number: 14/654,912
`
`Art Unit: 2425
`
`Page 4
`
`bandwidth, resolutions, encoding parameters, media type, language) and the manner in which the
`
`encodings have been divided into blocks);
`
`the video acquirer is configured to supply a query string to the video supply device and
`
`acquire a video in accordance with the query string from the video supply device (Paragraphs 83,
`
`84, 112 illustrate that the URL is the parameter which the client device uses to request the media
`
`data); and
`
`the video acquirer is configured to generate the query string according to the attribute
`
`indicating the range of the parameter value (Paragraphs 367, 373, 469, and 520 illustrate that the
`
`client device generates a URL, or segment play—list, based on the information in the metadata
`
`provided to the client device).
`
`Conclusion
`
`5.
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure: Knox et al. (US 9,038,116); Zhang et al. (US 2014/0089518); Hwang et al. (US
`
`2009/0193483); and Houh et al. (US 2007/0118873).
`
`6.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this
`
`Office action. Accordingly, THIS ACTION IS MADE FINAL.
`
`See MPEP § 706.07(a).
`
`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set
`
`to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within TWO
`
`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE—MONTH shortened statutory period, then the shortened statutory period
`
`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`

`

`Application/Control Number: 14/654,912
`
`Art Unit: 2425
`
`Page 5
`
`CFR 1.136(a) Will be calculated from the mailing date of the advisory action.
`
`In no event,
`
`however, Will the statutory period for reply expire later than SIX MONTHS from the date of this
`
`final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ALEXANDER GEE Whose telephone number is (571)270—5955.
`
`The examiner can normally be reached on Monday Through Thursday 7:30 am. to 5:00 pm.
`
`If attempts to reach the examiner by telephone are unsuccessful,
`
`the examiner’s
`
`supervisor, Brian Pendleton can be reached on 571—272—7527. The fax phone number for the
`
`organization Where this application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—direct.uspto. gov. 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—272—1000.
`
`/ALEXANDER GEE/
`
`Examiner, Art Unit 2425
`
`/Brian T Pendleton/
`
`Supervisory Patent Examiner, Art Unit 2425
`
`