Prosecution Insights
Last updated: October 01, 2026
Application No. 18/438,035

PORTIONED VIDEO STREAMING CONCEPTS

Non-Final OA §DP
Filed
Feb 09, 2024
Priority
Jul 06, 2017 — EU 17180149.1 +4 more
Examiner
SALAD, ABDULLAHI ELMI
Art Unit
2466
Tech Center
2400 — Computer Networks
Assignee
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
839 granted / 990 resolved
+26.7% vs TC avg
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
24 currently pending
Career history
1009
Total Applications
across all art units

Statute-Specific Performance

§101
9.1%
-30.9% vs TC avg
§103
51.6%
+11.6% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 990 resolved cases

Office Action

§DP
Detailed 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 . This office action is in response to the communication dated 2/9/24 Claims 1-19 are pending. Claims 7-11 and 15-19 are with withdrawn without prejudice. Claims 1-6 and 12-14 are examined in this office action. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No.11943274. Although the claims at issue are not identical, they are not patentably distinct from each other because a comparison made between claims 120 of the instant application and claims 1-20 of Patent reveal the claims at issue define essentially the same invention in different language. Thus, one of ordinary skill in the art would conclude that the invention defined in claims at issue is an obvious variation of the invention defined in the claims of the Patent. Thus, examiner asserts the difference describe a subset of all possible conditions being monitored in the Patented claims. These differences are not sufficient to render the claims patentably distinct and therefore a terminal disclaimer is required. Instant Application 18/438-035 1.(Original) Apparatus for recovering a video stream from a bitstream which comprises sub-picture portions for different portions of a video picture area, wherein the apparatus is configured to: decrypt a coding payload section of each subpicture portion of a subset of one or more of the subpicture portions of the bitstream by using block-wise decryption by use of sequential variation of a plaintext mask and/or block- decryption key by reinitializing the sequential variation for each subpicture portion to be decrypted and finding a border of the coding payload section of each subpicture portion to be decrypted by parsing the coding payload section of the respective subpicture portion up to a currently decrypted position and/or deriving a length of the coding payload section of the respective subpicture portion from a header within the respective subpicture portion, and/or using a bitstream length or pointer indication signaled from outside for the respective subpicture portion. 2. (Original) Apparatus according to claim 1, configured to perform the re- initialization for each subpicture portion to be decrypted by deriving mutually different initialization states for the subset of one or more subpicture portions. 3. (Original) Apparatus according to claim 2, configured to perform the deriving mutually different initialization states for the subset of one or more subpicture portions by applying mutually different modifications to a base initialization state for the current picture frame. 4. (Original) Apparatus according to claim 3, configured to derive the mutually different modifications for each subpicture portion depending on the portion of the video picture area which the respective subpicture portion relates to or depending on an index of the respective subpicture portion. 5. (Original) Apparatus according to claim 1, configured to perform the re- initialization for each subpicture portion to be decrypted by deriving an initialization state for each of the subset of one or more subpicture portions from an initialization state list in the extractor file. 6. (Original) Apparatus according to claim 1, configured to perform the parsing the coding payload section, the deriving the length of the coding payload section, or the use of the bitstream length or pointer indication for the finding with disregarding explicit border location information in the extractor file. wherein a coding payload section of the picture portion of each bitstream of each subset of bitstreams out of an encrypted set of one or more of the subsets of bitstreams is encrypted by using block-wise encryption by use of sequential variation of a plaintext mask and/or block-encryption key by reinitializing the sequential variation for each picture portion. 12. (Original) Apparatus for recovering a video stream from a bitstream which comprises sub-picture portions for different portions of a video picture area, wherein the apparatus is configured to identify a predetermined subpicture portion out of the subpicture portions of the bitstream on the basis of signaling inbound from outside or signaling in the sub-picture portions, decrypt a coding payload section of the predetermined subpicture portion of the subpicture portions of the bitstream by finding a border of the coding payload section of the predetermined subpicture portion to be decrypted by parsing the coding payload section up to a currently decrypted position and/or deriving a length of the coding payload section from a header within the predetermined subpicture portion, and/or using a bitstream length or pointer indication signaled from outside for the predetermined subpicture portion. 13. (Original) Apparatus according to claim 12, wherein the decryption involves block-decryption by use of sequential variation of a plaintext mask and/or block-decryption key. 14. (Original) Apparatus according to claim 12, configured to perform the identification of the predetermined subpicture portion for several picture frames in manner so that the several picture frames comprise picture frames for which the predetermined subpicture portion correspond to different ones of the different portions, and/or the several picture frames comprise first picture frames for which the exactly one subpicture portion is identified to be the predetermined subpicture portion and second picture frames, interspersed between the first picture frames, for which no subpicture portion is identified to be the predetermined subpicture portion. U. S Patent No.11943274 1. Apparatus for downloading an ROI-specific video stream (40) by tile-based video streaming, the apparatus comprising a processor implemented system configured to inspect a manifest file (24) so as to, depending on a region of interest (ROI) (22), identify and download a set (32) of bit streams (12) along with an extractor (20), the set (32) of bitstreams (12) having encoded thereinto different portions (14) of a video picture area (16); compile, using the extractor (20), a compiled bitstream (40) out of the set (32) of bitstreams by extracting, from each of the set (32) of bitstreams, a picture portion (34) relating to a current picture frame (30) by parsing the respective bitstream and forming the compiled bitstream (40) out of the extracted picture portions (34) so that the compiled bitstream (40) comprises a sub-picture portion (44) for the picture portion (34) of each of the set of bitstreams the compiled bitstream (40) is formed of; and decrypt a coding payload section (48) of each subpicture portion (44) of a subset of one or more of the subpicture portions (44) of the compiled bitstream (40) by using block-wise decryption by use of sequential variation of a plaintext mask and/or block decryption key by reinitializing the sequential variation for each subpicture portion to be decrypted and finding a border of the coding payload section (48) of each subpicture portion (44) to be decrypted by parsing (102) the coding payload section (48) of the respective subpicture portion (44) up to a currently decrypted position and/or deriving a length of the coding payload section of the respective subpicture portion from a header (46) within the respective subpicture portion (44), and/or using a bitstream length or pointer indication signaled within the bitstream from which the picture portion is extracted which the respective subpicture portion belongs to. 2. Apparatus according to claim 1, configured to perform the re-initialization for each subpicture portion to be decrypted by deriving mutually different initialization states for the subset of one or more subpicture portions. 3. Apparatus according to claim 2, configured to perform the deriving mutually different initialization states for the subset of one or more subpicture portions by applying mutually different modifications to a base initialization state for the current picture frame. 4. Apparatus according to claim 3, configured to derive the mutually different modifications for each subpicture portion depending on the portion of the video picture area which the respective subpicture portion relates to or depending on an index of the respective subpicture portion. 5. Apparatus according to claim 1, configured to perform the re initialization for each subpicture portion to be decrypted by deriving an initialization state for each of the subset of one or more subpicture portions from an initialization state list in the extractor (20). 6. Apparatus according to claim 1, configured to perform the parsing the coding payload section, the deriving the length of the coding payload section, or the use of the bitstream length or pointer indication for the finding with disregarding explicit border location information in the extractor (20). 7. Apparatus for recovering a video stream from a set of bit streams and an extractor, the set of bitstreams having encoded thereinto different portions of a video picture area, the apparatus comprising a processor implemented system configured to compile, using the extractor (20), a compiled bitstream out of the set of bitstreams by extracting, from each of the set of bitstreams, a picture portion relating to a current picture frame by parsing the respective bitstream and forming the compiled bitstream out of the extracted picture portions so that the compiled bitstream comprises a sub-picture portion for the picture portion of each of the set of bitstreams the compiled bitstream is formed of; and decrypt a coding payload section of each subpicture portion of a subset of one or more of the subpicture portions of the compiled bitstream by using block-wise decryption by use of sequential variation of a plaintext mask and/or block-decryption key by reinitializing the sequential variation for each subpicture portion to be decrypted and finding a border of the coding payload section of each subpicture portion to be decrypted by parsing the coding payload section of the respective subpicture portion up to a currently decrypted position and/or deriving a length of the coding payload section of the respective subpicture portion from a header within the respective subpicture portion, and/or using a bitstream length or pointer indication signaled within the bitstream from which the picture portion is extracted which the respective subpicture portion belongs to. 8. Apparatus for recovering a video stream from a bitstream which comprises subpicture portions for different portions of a video picture area, wherein the apparatus comprises a processor implemented system configured to decrypt a coding payload section of each subpicture portion of a subset of one or more of the subpicture portions of the bitstream by using block-wise decryption by use of sequential variation of a plaintext mask and/or block-decryption key by reinitializing the sequential variation for each subpicture portion to be decrypted and finding a border of the coding payload section of each subpicture portion to be decrypted by parsing the coding payload section of the respective subpicture portion up to a currently decrypted position and/or deriving a length of the coding payload section of the respective subpicture portion from a header within the respective subpicture portion, and/or using a bitstream length or pointer indication signaled from outside for the respective subpicture portion. 9. Apparatus for downloading an ROI-specific video stream by tile-based video streaming, the apparatus comprising a processor implemented system configured to inspect a manifest file so as to, depending on an ROI, identify and download a set of bit streams along with an extractor, the set of bitstreams having encoded thereinto mutually different portions of a video picture area; compile, using the extractor, a compiled bitstream out of the set of bitstreams by extracting, from each of the set of bitstreams, a picture portion relating to a current picture frame by parsing the respective bitstream and forming the compiled bitstream out of the extracted picture portions so that the compiled bitstream comprises a sub-picture portion for the picture portion of each of the set of bitstreams the compiled bitstream is formed of; and identify a predetermined subpicture portion out of the subpicture portions of the compiled bitstream on the basis of signaling in at least one of the extractor or the sub-picture portions, decrypt a coding payload section of the predetermined subpicture portion of the subpicture portions of the compiled bitstream by finding a border of the coding payload section of the predetermined subpicture portion to be decrypted by parsing the coding payload section up to a currently decrypted position and/or deriving a length of the coding payload section from a header within the one predetermined subpicture portion, and/or using a bitstream length or pointer indication signaled within the bitstream from which the picture portion is extracted which the predetermined subpicture portion belongs to. 10. Apparatus according to claim 9, wherein the decryption involves block-decryption by use of sequential variation of a plaintext mask and/or block decryption key. 11. Apparatus according to claim 9, configured to perform the identification of the predetermined subpicture portion for several picture frames in manner so that the several picture frames contain picture frames for which the predetermined subpicture portion correspond to different ones of the different portions, and/or the several picture frames contain first picture frames for which the exactly one subpicture portion is identified to be the predetermined subpicture portion and second picture frames, interspersed between the first picture frames, for which no subpicture portion is identified to be the predetermined subpicture portion. 12. Apparatus for recovering a video stream from a set of bitstreams and an extractor, the set of bitstreams having encoded thereinto different portions of a video picture area, the apparatus comprising a processor implemented system configured to compile, using the extractor, a compiled bitstream out of the set of bitstreams by extracting, from each of the set of bitstreams, a picture portion relating to a current picture frame by parsing the respective bitstream and forming the compiled bitstream out of the extracted picture portions so that the compiled bitstream comprises a sub-picture portion for the picture portion of each of the set of bitstreams the compiled bitstream is formed of; and identify a predetermined subpicture portion out of the subpicture portions of the compiled bitstream on the basis of signaling in at least one of the extractor or the sub-picture portions, decrypt a coding payload section of the predetermined subpicture portion of the subpicture portions of the compiled bitstream by finding a border of the coding payload section of the predetermined subpicture portion to be decrypted by parsing the coding payload section up to a currently decrypted position and/or deriving a length of the coding payload section from a header within the one predetermined subpicture portion, or using a bitstream length or pointer indication signaled within the bitstream from which the picture portion is extracted which the predetermined subpicture portion belongs to. 13. Apparatus for recovering a video stream from a bitstream which comprises sub picture portions for different portions of a video picture area, wherein the apparatus comprises a processor implemented system configured to identify a predetermined subpicture portion out of the subpicture portions of the bitstream on the basis of signaling inbound from outside or signaling in the sub picture portions, decrypt a coding payload section of the predetermined subpicture portion of the subpicture portions of the bitstream by finding a border of the coding payload section of the predetermined subpicture portion to be decrypted by parsing the coding payload section up to a currently decrypted position and/or deriving a length of the coding payload section from a header within the predetermined subpicture portion, and/or using a bitstream length or pointer indication signaled from outside for the predetermined subpicture portion. 14. Method for downloading an ROI-specific video stream (40) by tile-based video streaming, the method comprising: inspecting a manifest file (24) so as to, depending on a region of interest (ROI) (22), identify and download a set (32) of bit streams (12) along with an extractor (20), the set (32) of bitstreams (12) having encoded thereinto different portions (14) of a video picture area (16); compiling, using the extractor (20), a compiled bitstream (40) out of the set (32) of bitstreams by extracting, from each of the set (32) of bitstreams, a picture portion (34) relating to a current picture frame (30) by parsing the respective bitstream and forming the compiled bitstream (40) out of the extracted picture portions (34) so that the compiled bitstream (40) comprises a sub-picture portion (44) for the picture portion (34) of each of the set of bitstreams the compiled bitstream (40) is formed of; and decrypting a coding payload section (48) of each subpicture portion (44) of a subset of one or more of the subpicture portions (44) of the compiled bitstream (40) by using block-wise decryption by use of sequential variation of a plaintext mask and/or block decryption key by reinitializing the sequential variation for each subpicture portion to be decrypted and finding a border of the coding payload section (48) of each subpicture portion (44) to be decrypted by parsing (102) the coding payload section (48) of the respective subpicture portion (44) up to a currently decrypted position and/or deriving a length of the coding payload section of the respective subpicture portion from a header (46) within the respective subpicture portion (44), and/or using a bitstream length or pointer indication signaled within the bitstream from which the picture portion is extracted which the respective subpicture portion belongs to. 15. A non-transitory computer readable storage medium storing instructions which, when executed on a computer, carry out the method of claim 14. 16. Method for recovering a video stream from a set of bit streams and an extractor file, the set of bitstreams having encoded thereinto different portions of a video picture area, the method comprising: compiling, using the extractor file, a compiled bitstream out of the set of bitstreams by extracting, from each of the set of bitstreams, a picture portion relating to a current picture frame by parsing the respective bitstream and forming the compiled bitstream out of the extracted picture portions so that the compiled bitstream comprises a sub-picture portion for the picture portion of each of the set of bitstreams the compiled bitstream is formed of; and decrypting a coding payload section of each subpicture portion of a subset of one or more of the subpicture portions of the compiled bitstream by using block-wise decryption by use of sequential variation of a plaintext mask and/or block-decryption key by reinitializing the sequential variation for each subpicture portion to be decrypted and finding a border of the coding payload section of each subpicture portion to be decrypted by parsing the coding payload section of the respective subpicture portion up to a currently decrypted position and/or deriving a length of the coding payload section of the respective subpicture portion from a header within the respective subpicture portion, and/or using a bitstream length or pointer indication signaled within the bitstream from which the picture portion is extracted which the respective subpicture portion belongs to. 17. Method for recovering a video stream from a bitstream which comprises sub-picture portions for different portions of a video picture area, the method comprising: decrypting a coding payload section of each subpicture portion of a subset of one or more of the subpicture portions of the bitstream by using block-wise decryption by use of sequential variation of a plaintext mask and/or block-decryption key by reinitializing the sequential variation for each subpicture portion to be decrypted and finding a border of the coding payload section of each subpicture portion to be decrypted by parsing the coding payload section of the respective subpicture portion up to a currently decrypted position and/or deriving a length of the coding payload section of the respective subpicture portion from a header within the respective subpicture portion, and/or using a bitstream length or pointer indication signaled from outside for the respective subpicture portion. 18. Method for downloading an ROI-specific video stream by tile-based video streaming, the method comprising: inspecting a manifest file so as to, depending on an ROI, identify and download a set of bit streams along with an extractor file, the set of bitstreams having encoded thereinto mutually different portions of a video picture area; compiling, using the extractor file, a compiled bitstream out of the set of bitstreams by extracting, from each of the set of bitstreams, a picture portion relating to a current picture frame by parsing the respective bitstream and forming the compiled bitstream out of the extracted picture portions so that the compiled bitstream comprises a sub-picture portion for the picture portion of each of the set of bitstreams the compiled bitstream is formed of; and identifying a predetermined subpicture portion out of the subpicture portions of the compiled bitstream on the basis of signaling in at least one of the extractor file or the sub-picture portions, decrypting a coding payload section of the predetermined subpicture portion of the subpicture portions of the compiled bitstream by finding a border of the coding payload section of the predetermined subpicture portion to be decrypted by parsing the coding payload section up to a currently decrypted position and/or deriving a length of the coding payload section from a header within the one predetermined subpicture portion, and/or using a bitstream length or pointer indication signaled within the bitstream from which the picture portion is extracted which the predetermined subpicture portion belongs to. 19. Method for recovering a video stream from a set of bitstreams and an extractor file, the set of bitstreams having encoded thereinto different portions of a video picture area, the method comprising: compiling, using the extractor file, a compiled bitstream out of the set of bitstreams by extracting, from each of the set of bitstreams, a picture portion relating to a current picture frame by parsing the respective bitstream and forming the compiled bitstream out of the extracted picture portions so that the compiled bitstream comprises a sub-picture portion for the picture portion of each of the set of bitstreams the compiled bitstream is formed of; and identifying a predetermined subpicture portion out of the subpicture portions of the compiled bitstream on the basis of signaling in at least one of the extractor file or the sub-picture portions, decrypting a coding payload section of the predetermined subpicture portion of the subpicture portions of the compiled bitstream by finding a border of the coding payload section of the predetermined subpicture portion to be decrypted by parsing the coding payload section up to a currently decrypted position and/or deriving a length of the coding payload section from a header within the one predetermined subpicture portion, or using a bitstream length or pointer indication signaled within the bitstream from which the picture portion is extracted which the predetermined subpicture portion belongs to. 20. Method for recovering a video stream from a bitstream which comprises sub-picture portions for different portions of a video picture area, the method comprising: identifying a predetermined subpicture portion out of the subpicture portions of the bitstream on the basis of signaling inbound from outside or signaling in the sub picture portions, decrypting a coding payload section of the predetermined subpicture portion of the subpicture portions of the bitstream by finding a border of the coding payload section of the predetermined subpicture portion to be decrypted by parsing the coding payload section up to a currently decrypted position, and/or deriving a length of the coding payload section from a header within the predetermined subpicture portion, and/or using a bitstream length or pointer indication signaled from outside for the predetermined subpicture portion. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULLAHI ELMI SALAD whose telephone number is (571)272-4009. The examiner can normally be reached 9:30AM-6:PM. Examiner interviews are available via telephone, in-person, and video 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at 571-272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ABDULLAHI E SALAD/Primary Examiner, Art Unit 2466
Read full office action

Prosecution Timeline

Feb 09, 2024
Application Filed
Sep 21, 2026
Non-Final Rejection mailed — §DP (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
94%
With Interview (+9.7%)
3y 1m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 990 resolved cases by this examiner. Grant probability derived from career allowance rate.

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