Case 5:15-cv-02008-EJD Document 81-14 Filed 03/29/16 Page 1 of 10
`Case 5:15—cv—O2008—EJD Document 81-14 Filed 03/29/16 Page 1 of 10
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`EXHIBIT 13
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`EXHIBIT 13
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`Case 5:15-cv-02008-EJD Document 81-14 Filed 03/29/16 Page 2 of 10
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`UNITED ST ATES PATENT AND TRADEMARK OFFICE
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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 22313-1450
`www .uspto.gov
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`APPLICA TJON NO.
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`10/419,621
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`FILING DATE
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`04/21/2003
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`Alain Ddpuch
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`5266-06201
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`2305
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`10/15/2004
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`7590
`44015
`OPTV/MEYERTONS
`THE CHASE BUILDING
`700 LAVACA, SUITE 800
`AUSTIN, TX 78701
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`EXAMINER
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`BUI, KIEU OANH T
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`ART UNIT
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`2611
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`PAPER NUMBER
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`DATE MAILED: 10/15/2004
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PT0-90C (Rev. I 0/03)
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`OPENTV2008-00002188
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`

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`Case 5:15-cv-02008-EJD Document 81-14 Filed 03/29/16 Page 3 of 10
`Application No.
`Applicant(s)
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`Office Action Summary
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`10/419,621
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`Examiner
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`ALAIN DELPUCH ET AL.
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`Art Unit
`
`KIEU-OANH T BUI
`2611
`-- 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;}. MONTH($) 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.
`-
`If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`-
`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, oy statute, cause the application to oecome 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)0 Responsive to communication(s) filed on __ .
`2a)0 This action is FINAL.
`2b)l8] This action is non-final.
`3)0 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 Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`4)l8l Claim(s) 1-23 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)l8] Claim(s) 1-23 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
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`Application Papers
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`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O 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).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
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`Priority under 35 U.S.C. § 119
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`12)LJ Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d} or (f).
`a)O All b)D Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 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)
`1) [8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) C8J Information Disclosure Statement(s) (PT0~1449 or PTO/SB/08)
`Paper No(s)/Mail Date 1-3.
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`4) D Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) n Notic.e of Informal Patent App!!c.a!ion (PT0-152)
`6) 0 Other: __ .
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`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 1-04)
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`Office Action Summary
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`Part of Paper No./Mail Date 20041005
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`OPENTV2008-00002189
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`

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`Case 5:15-cv-02008-EJD Document 81-14 Filed 03/29/16 Page 4 of 10
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`Application/Control Number: 10/419,621
`Art Unit: 2611
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`Page 2
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`DETAILED ACTION
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`Claim Rejections- 35 US( 102
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`1.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
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`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 --
`( e) the invention was described in (1) an application for patent, published under section
`122(b), by another filed in the United States before the invention by the applicant for
`patent or (2) a patent granted on an application for patent by another filed in the United
`States before the invention by the applicant for patent, except that an international
`application filed under the treaty defined in section 35l(a) shall have the effects for
`purposes of this subsection of an application filed in the United States only if the
`international application designated the United States and was published under Article
`21 (2) of such treaty in the English language.
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`2.
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`Claims 1-7, 11-16, and 20-23 are rejected under 35 U.S.C. 102(e) as being anticipated by
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`Ben-Shaul et al. (U.S. Patent Pub No. 2002/0010798 Al/or "Ben" for short).
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`Regarding claim 1, Ben discloses "a method comprising: receiving one or more
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`directives, wherein said directives are indicative of an audio, video and/or graphic presentation
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`requiring a set of resources; determining-from-said-directives that acquisition of a subset of said
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`resources are a prerequisite to the presenting of said presentation; and prohibiting the presenting
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`of said presentation until said subset of resources are acquired", i.e., Ben discloses a content and
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`application delivery system that a user or a web client (as illustrated in Figs. 6-7) can receive one
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`or more directives which indicative of audio, video and/or graphics presentation-content
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`delivery from web servers to the user via a TV browser for local news and local sports and etc.
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`(page 3/section 0027, page 5/sect. 0051, page 22/sect. 0221 & 0231, and page 24/sect. 0256 &
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`0263), the system has directive director 122 (Fig. 12, and page 35/section 0431 & 0432) has a
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`control over the content delivery to the user based on service profile and other directives that can
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`OPENTV2008-00002190
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`

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`Case 5:15-cv-02008-EJD Document 81-14 Filed 03/29/16 Page 5 of 10
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`Application/Control Number: 10/419,621
`Art Unit: 2611
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`Page 3
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`either authorize or disable the service/ content delivery for presentation at the user's location if
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`subset of resources are not acquired, for instance, the user is not subscribed so that some of
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`required directives for billing is not acquired, the service is unauthorized or disabled (page
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`27 /from section 0314 to section 0324).
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`As for claim 2, Ben discloses "wherein said subset of resources are indicated using
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`directives selected from the group consisting of: a markup language, a scripting language, and a
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`style sheet" (page 14/sections 0195, 0196, 0197 for all of these features for CDSL, XML, and
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`XML style sheet language).
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`As for claim 3, Ben discloses "wherein said directives are received by a proxy server in
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`an interactive television system" (page 37/section 0477 to section 0480 as the content marker as
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`interactive tool to use in GUI editor and TV system -page 24/sect. 0256; and edge server 48 acts
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`as a proxy server).
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`As for claim 4, Ben also discloses "wherein said determining is performed by said proxy
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`server, and wherein said method further comprises said proxy server conveying signals which
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`correspond to said subset ofresources to a remote client device", i.e., the edge server directs the
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`right subset ofresources to the remote client device (page 24/section 0260 to page 25/section
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`0268 for redirecting contents and resources to the client).
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`As for claim 5, Ben discloses further "comprising said client device acquiring said subset
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`ofresources in response to detecting said signals", i.e., the client can obtain a subset ofresources
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`with the use of directive editor 122 for filtering and detecting the appropriate content from the
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`edge server (page 35/section 0431 to page 36/section 0435).
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`OPENTV2008-00002191
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`

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`Case 5:15-cv-02008-EJD Document 81-14 Filed 03/29/16 Page 6 of 10
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`Application/Control Number: 10/419,621
`Art Unit: 2611
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`Page4
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`As for claim 6, Ben further shows "wherein said subset comprises streaming audio and/or
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`video, and wherein acquisition of the streaming audio and/or video comprises configuring
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`hardware resources within said client device" (page 2/section 0019 & page 35/section 0425 for
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`streaming media audio and video; and page 22/section 0230 & 0231 and page 26/section 0309-
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`0312 for hardware configuration as configuration on targeting based on profiles, caching,
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`mirroring, priorities of communication and processing, streaming media support etc. within the
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`client device for receiving the content from different resources).
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`As for claim 7, Ben discloses "wherein acquisition of the subset of resources comprises
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`the client device initiating requests for remotely located resources to be conveyed to said client
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`device" (as shown in Figs. 3-4, the client device at 14 is remotely located from resource local
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`ISP or server 10; and the client can initiate the requests, page 37/section 0486 to page 38/section
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`0490 as the client requests for a personal "client view").
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`As for claim 11, Ben discloses further "comprising defining a META name/value pair,
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`wherein said name is indicative that said-corresponding-value is a prerequisite-resource" (page
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`14/section 0192 for a meta value CDML code identified by two entities).
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`As for claim 12, Ben shows "wherein said prohibiting is in further response to detecting a
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`corresponding time for expiration has not yet expired, and wherein said method further
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`comprises allowing the presenting of said presentation in response to detecting said time for
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`expiration has expired" (page 27 /sections 0323 & 0324 as the system can limit or prohibit the
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`service or presentation to the client at a certain time period or per-service basis).
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`OPENTV2008-00002192
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`Case 5:15-cv-02008-EJD Document 81-14 Filed 03/29/16 Page 7 of 10
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`Application/Control Number: 10/419,621
`Art Unit: 2611
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`Page 5
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`Regar,ding claims 13-16 and 20-21, these claims for "an interactive television system
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`comprising: a remote proxy server configured to: receive one or more directives, wherein said
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`directives are indicative of an audio, video and/or graphic presentation requiring a set of
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`resources; determining from said directives that acquisition of a subset of said resources are a
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`prerequisite to the presenting of said presentation; convey first signals which identify said subset
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`of resources to a remote client device; and convey second signals which correspond to said
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`directives; a client device configured to: receive said first signals; receive said second signals;
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`and prohibit the presenting of said presentation until said subset of resources are acquired, in
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`response to detecting said first signals" with same limitations as cited earlier are rejected for the
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`reasons given in the scope of claims 1-7, and 11-12 as already discussed in details above.
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`Regarding claims 22 and 23, these claims for "a client device in an interactive television
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`system, said device comprising: a receiver configured to receive signals corresponding to
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`directives which are indicative of an audio, video and/or graphic presentation acquiring a set of
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`resources; and a processing-unit-coupled to said receiver, wherein said processing unit is
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`configured to: determine from said directives that acquisition of a subset of said resources are a
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`prerequisite to the presenting of said presentation; and prohibit the presenting of said
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`presentation until said subset of resources are acquired" and "a carrier medium comprising
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`program instructions executable to: receive directives which are indicative of an audio, video
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`and/or graphic presentation requiring a set of resources; determine from said directives that a
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`subset of said resources are a prerequisite to the presenting of said presentation; and prohibit the
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`presenting of said presentation until said subset of resources are acquired" with same limitations
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`OPENTV2008-00002193
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`Case 5:15-cv-02008-EJD Document 81-14 Filed 03/29/16 Page 8 of 10
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`Application/Control Number: 10/419,621
`Art Unit: 2611
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`Page 6
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`as cited earlier are rejected for the reasons given in the scope of claims 1-7 as already discussed
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`in details above.
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`Claim Rejections- 35 USC. 103
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`3.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(a) A patent may not be obtained though the invention is not identically disclosed or
`described as set forth in section 102 of this title, if the differences between the subject
`matter sought to be patented and the prior art are such that the subject matter as a whole
`would have been obvious at the time the invention was made to a person having ordinary
`skill in the art to which said subject matter pertains. Patentability shall not be negatived
`by the manner in which the invention was made.
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`4.
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`Claims 8-10 and 17-19 are rejected under 35 U.S.C. 103(a) as being unpatentable over
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`Ben (U.S. Patent Pub No. US 2002/0010798 Al).
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`Regarding claims 8-10, Ben does not further mention "comprising enhancing a root entity
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`in DTD to add a showstopper attribute indicative of prerequisite resources"; "comprising using a
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`label within a Declarative Data Essence standard as an attribute to indicate a prerequisite
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`resource"; and "comprising enhancing DVB-MHP by adding a showstopper AIT descriptor
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`indicative of prerequisite resources"; however, the Exa..miner takes a.fl official notice that these
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`features are known in the art since these features are parts of the standard attributes for use
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`within the HTML, and other scripting languages, i.e., DTD or Document Type Definition
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`associated for use in Extensible Markup Language (XML). Therefore, it would have been
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`obvious to one of ordinary skill in the art at the time the invention was made to modify Ben's
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`system with some known features as "DTD, Declarative Data Essence and enhancing DVB-
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`OPENTV2008-00002194
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`Case 5:15-cv-02008-EJD Document 81-14 Filed 03/29/16 Page 9 of 10
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`Application/Control Number: 10/419,621
`Art Unit: 2611
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`Page 7
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`MHP by adding a showstopper AIT descriptor" in order to add or indicate a prerequisite
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`resource(s) for identifying different resources in delivering contents to the client devices.
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`Conclusion
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`5.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure.
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`Bradley et al (US Pub 2002/0194219 Al) and Lamkin et al (US Pub 2002/0088011 Al) disclose
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`systems related to content deliveries and content attributes.
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`6.
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`Any response to this action should be mailed to:
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`Commissioner of Patents and Trademarks
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`Washington, D.C. 20231
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`or faxed to:- -----~--~-~~------
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`(703) 872-9306, (for Technology Center 2600 only)
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`7.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to Krista Kieu-Oanh Bui whose telephone number is (703) 305-0095. The
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`examiner can normally be reached on Monday-Friday from 9:00 AM to 6:30 PM, with alternate
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`Fridays off.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner s
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`supervisor, Christopher Grant, can be reached on (703) 305-4755.
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`OPENTV2008-00002195
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`Case 5:15-cv-02008-EJD Document 81-14 Filed 03/29/16 Page 10 of 10
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`Application/Control Number: 10/419,621
`Art Unit: 2611
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`Page 8
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`Any inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to Technology Center 2600 Customer Service Office whose telephone number
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`is (703) 306-0377.
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`Krista Bui
`Art Unit 2611
`October 5, 2004
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`OPENTV2008-00002196