Prosecution Insights
Last updated: April 19, 2026
Application No. 18/474,106

DYNAMICALLY ENCODING REFERENCE FRAMES WHILE LIVESTREAMING DIGITAL CONTENT

Non-Final OA §102§103
Filed
Sep 25, 2023
Examiner
DAVIS, CHENEA
Art Unit
2421
Tech Center
2400 — Computer Networks
Assignee
Netflix Inc.
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
88%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
378 granted / 525 resolved
+14.0% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
23 currently pending
Career history
548
Total Applications
across all art units

Statute-Specific Performance

§101
13.7%
-26.3% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
11.1%
-28.9% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 525 resolved cases

Office Action

§102 §103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 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 – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1, 6-8, 11-13, 17-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagai et al. (US20070223449, hereinafter Nagai). Regarding claims 1, 11, 17 and 20, Nagai discloses a computer-implemented method for transmitting frames of digital content to a client device (see Nagai, at least at Figs. 1, 4 and 12-13, and related text), the method comprising: transmitting a plurality of encoded frames of digital content to a client device for playback (i.e., video frames encoded into packet data, see Nagai, at least at [0006]-[0009], [0016], [0018], [0023], [0051], and other related text); determining that a frame loss rate associated with the plurality of encoded frames of digital content satisfies a frame loss condition (see Nagai, at least at [0051]-[0052], [0055], [0058]-[0063], and other related text); in response to determining that the frame loss condition has been satisfied, determining a new interval for spacing apart reference frames when transmitting additional encoded frames of the digital content to the client device (see Nagai, at least at [0068], [0085]-[0086], [0120]-[0128], and other related text); generating a new reference frame of digital content based on the new interval (see Nagai, at least at [0120]-[0128], and other related text); and transmitting the new reference frame of digital content to the client device for playback (see Nagai, at least at [0120]-[0128], and other related text). Regarding claim 6, Nagai disclose wherein determining that the frame loss rate satisfies the frame loss condition comprises determining that the frame loss rate exceeds a threshold value (i.e. packet loss is 0 or not, see Nagai, at least at [0058], and other related text). Regarding claims 7 and 18, Nagai discloses wherein the new interval is greater than an old interval that was used to generate the plurality of encoded frames of digital content (see Nagai, at least at [0128], and other related text). Regarding claim 8, Nagai discloses wherein determining that the frame loss rate satisfies the frame loss condition comprises determining that the frame loss rate is less than a threshold value (i.e., the value of the “small number” of errors that is used to determine the GOP interval, see Nagai, at least at [0128], and other related text). Regarding claim 12, Nagai discloses wherein the instructions further cause the one or more processors to perform the steps of: generating a second plurality of encoded frames of digital content based on the new interval (see Nagai, at least at [0056], [0128], [0137]-[0139], and other related text); and transmitting the second plurality of encoded frames of digital content to the client device for playback (see Nagai, at least at [0128], [0137]-[0139], and other related text). Regarding claim 13, Nagai discloses wherein each encoded frame of digital content included in the second plurality of encoded frames of digital content is decoded based on information included in the new reference frame (see Nagai, at least at [0022]-[0023], [0056], [0128], [0137]-[0139], and other related text). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: 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. Claims 2-5 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Nagai (previously cited), as applied to claims 1 and 12 above, and further in view of Lin et al. (US20060146830, hereinafter Lin). Regarding claim 2, Nagai does not specifically disclose receiving a frame loss notification from the client device; and determining that a first encoded frame of digital content included in the plurality of encoded frames of digital content was lost during transmission based on the frame loss notification. In an analogous art relating to a system for improving packet loss recovery, Lin discloses receiving a frame loss notification from a client device (see Lin, at least at [0063]-[0066], and other related text); and determining that a first encoded frame of digital content included in the plurality of encoded frames of digital content was lost during transmission based on the frame loss notification (i.e., encoder uses the notification to determine which packet is lost and which frame to choose for referencing, see Lin, at least at [0063]-[0066], and other related text). It would have been obvious to a person having ordinary skill in the art before the effective date of the invention to modify the system of the system of Nagai to include the limitations as taught by Lin for the advantage of more efficiently improving video delivery over a network. Regarding claim 3, Nagai in view of Lin discloses determining that a first encoded frame of digital content included in the plurality of encoded frames of digital content was lost during transmission (i.e., encoder uses the notification to determine which packet is lost/the initial lost packet and which frame to choose for referencing, see Lin, at least at [0063]-[0066], and other related text); determining that the first encoded frame of digital content comprises a reference frame (see Lin, at least at [0063]-[0066], and other related text); in response, generating an I-frame (see Lin, at least at [0065], and other related text); and transmitting the I-frame to the client device for playback (see Lin, at least at [0065]-[0066] and other related text). Regarding claim 4, Nagai in view of Lin discloses determining that a first encoded frame of digital content included in the plurality of encoded frames of digital content was lost during transmission (i.e., encoder uses the notification to determine which packet is lost/the initial lost packet and which frame to choose for referencing, see Lin, at least at [0063]-[0066], and other related text); determining that the first encoded frame of digital content does not comprise a reference frame (i.e., the reference frame/initial lost frame is not an I-frame in this case/does not require an I-frame to be encoded, see Lin, at least at [0063]-[0066], and other related text); in response, generating a P-frame based on the new interval (see Lin, at least at [0065]-[0066] and other related text); and transmitting the P-frame to the client device for playback (see Lin, at least at [0065]-[0066] and other related text). Regarding claim 5, Nagai in view of Lin discloses determining that the client device has not acknowledged receipt of the new reference frame of digital content (i.e., the continued sending of the packet loss reports until the arrival of a new reference frame, see Lin, at least at [0067], and other related text); in response, generating an I-frame (see Lin, at least at [0067], and other related text); and transmitting the I-frame to the client device for playback (see Lin, at least at [0067], and other related text). Regarding claim 14, Nagai in view of Lin discloses wherein the instructions further cause the one or more processors to perform the steps of: receiving a frame loss notification from the client device indicating that a first encoded frame of digital content included in the second plurality of encoded frames of digital content was lost during transmission (i.e., RTP performs transferring data to completion and therefore must include performing corrections for subsequently generated data, see Lin, at least at [0063]-[0066], and other related text); determining that the first encoded frame of digital content comprises a reference frame (see Lin, at least at [0063]-[0067], and other related text) based on the new interval (see Nagai, at least at [0128], [0137], and other related text) and latency data (i.e., timestamp data, see Lin, at least at [0063], [0066], and other related text) associated with a network to which the client device is connected (see Lin, at least at [0063], [0066], and other related text); in response, generating an I-frame (see Lin, at least at [0065], and other related text); and transmitting the I-frame to the client device for playback (see Lin, at least at [0065]-[0066] and other related text). Regarding claim 15, Nagai in view of Lin discloses wherein the instructions further cause the one or more processors to perform the steps of: receiving a frame loss notification from the client device indicating that a first encoded frame of digital content included in the second plurality of encoded frames of digital content was lost during transmission (i.e., RTP performs transferring data to completion and therefore must include performing corrections for subsequently generated data, see Lin, at least at [0063]-[0066], and other related text); determining that the first encoded frame of digital content does not comprise a reference frame based on information included in the frame loss notification that identifies the first encoded frame of digital content(i.e., the reference frame/initial lost frame is not an I-frame in this case/does not require an I-frame to be encoded, see Lin, at least at [0063]-[0066], and other related text); in response, generating a P-frame based on the new interval (see Lin, at least at [0065]-[0066] and other related text); and transmitting the P-frame to the client device for playback (see Lin, at least at [0065]-[0066] and other related text). Regarding claim 16, Nagai in view of Lin discloses wherein the instructions further cause the one or more processors to perform the steps of: receiving a frame loss notification from the client device indicating that a first encoded frame of digital content included in the second plurality of encoded frames of digital content was lost during transmission (i.e., RTP performs transferring data to completion and therefore must include performing corrections for subsequently generated data, see Lin, at least at [0063]-[0066], and other related text); in response, determining a new frame loss rate associated with the second plurality of encoded frames of digital content (see Nagai, at least at [0051]-[0052], [0055], [0058]-[0063], and other related text); determining a second new interval based on the new frame loss rate (i.e., RTP performs transferring data to completion and therefore must include performing corrections for subsequently generated data (see Nagai, at least at [0068], [0085]-[0086], [0120]-[0128], and other related text), wherein the second new interval is different than the new interval (see Nagai, at least at [0068], [0085]-[0086], [0120]-[0128], and other related text); generating a second new reference frame of digital content based on the second new interval (see Nagai, at least at [0068], [0085]-[0086], [0120]-[0128], and other related text); and transmitting the second new reference frame of digital content to the client device for playback (see Nagai, at least at [0068], [0085]-[0086], [0120]-[0128], and other related text). Claims 9-10 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nagai (previously cited), as applied to claims 1 and 11 above, and further in view of Horowitz et al. (US20060056519, hereinafter Horowitz). Regarding claims 9 and 19, Nagai does not specifically disclose wherein the new interval is less than an old interval that was used to generate the plurality of encoded frames of digital content. In an analogous art relating to a system for improving packet loss recovery, Horowitz discloses wherein a new interval is less than an old interval that was used to generate a plurality of encoded frames of digital content (see Horowitz, at least at [0012]-[0015], [0047], and other related text). It would have been obvious to a person having ordinary skill in the art before the effective date of the invention to modify the system of the system of Nagai to include the limitations as taught by Horowitz for the advantage of more efficiently improving video delivery over a network in consideration of various network factors. Regarding claim 10, Nagai in view of Horowitz discloses generating a non-reference frame of digital content based on the new interval (see Horowitz, at least at [0012]-[0015], [0035]-[0036], and other related text); and transmitting the non-reference frame of digital content to the client device for playback (see Horowitz, at least at [0012]-[0015], [0035]-[0036], and other related text). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENEA DAVIS whose telephone number is (571)272-9524 and whose email address is CHENEA.SMITH@USPTO.GOV. The examiner can normally be reached M-F: 8:00 am - 4:00 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, Nathan Flynn can be reached at 571-272-1915. 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. /CHENEA DAVIS/Primary Examiner, Art Unit 2421
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Prosecution Timeline

Sep 25, 2023
Application Filed
Sep 18, 2024
Response after Non-Final Action
Jan 10, 2026
Non-Final Rejection — §102, §103 (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
72%
Grant Probability
88%
With Interview (+16.5%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 525 resolved cases by this examiner. Grant probability derived from career allow rate.

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