www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`14/941,583
`
`11/14/2015
`
`NORITAKA IGUCHI
`
`2015-1682T
`
`1081
`
`Wenderoth, Lind & Ponaek, L.L.P.
`1030 15th Street, NW, Suite 400 East
`Washington, DISTRICT OF COLUMBIA 20005
`UNITED STATES OF AMERICA
`
`RETALLICK' KAITLIN A
`
`2482
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/03/2018
`
`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):
`eoa @ wenderoth. com
`kmiller @ wenderotheom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`14/941,583
`Examiner
`Kaitlin A Retaliick
`
`Applicant(s)
`IGUCHI et al.
`Art Unit
`2482
`
`AIA Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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 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).
`
`Status
`
`1). Responsive to communication(s) filed on 29 June 2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`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.
`
`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 Expa/ie Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s) Z is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1—6 and 8 is/are rejected.
`
`E] Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.'sp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10):] The specification is objected to by the Examiner.
`
`11):] The drawing(s) filed on
`
`is/are: a)C] accepted or b)E] 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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)C] Some”
`
`c)C] None of the:
`
`1..
`
`Certified copies of the priority documents have been received.
`
`2C]
`
`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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail DateW.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180731
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 2
`
`DETAILED 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.
`
`Status of the Application
`
`Claim 7 has been deleted. Claims 1—6 and 8 are currently pending in this application.
`
`Specification
`
`The title ofthe invention has been amended. Thus, the objection to the specification has
`
`been withdrawn.
`
`Claim Rejections - 35 USC § 112
`
`Claim 7 has been cancelled. Thus, the rejection of claim 7 under 35 U.S.C. 112(d) or pre—
`
`AIA 35 U.S.C.112, 4th paragraph has been withdrawn.
`
`Claim Rejections - 35 USC § 101
`
`Claim 1 has been amended. After review ofthe amendments to claim 1 and the
`
`Applicant’s Arguments on pages 5—9 of the Applicant’s Remarks, the rejections to claims 1—3 and
`
`7 under 35 USC § 101 have been withdrawn.
`
`Response to Arguments
`
`Presented arguments have been fully considered, but are rendered moot in view of new
`
`ground(s) of rejection necessitated by amendment(s) initiated by the applicant(s). The
`
`arguments on pages 9—10 of the Applicant’s Remarks are regarding the anticipation of the
`
`features of claim 1 by Kim. However, a new ground(s) of rejection under 35 U.S.C. 103 is made
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 3
`
`in view of Kim et al. (Hereafter, ”Kim”) [US 2010/0272190 A1] in view of Yun et al. (Hereafter,
`
`”Yun”) [W0 2008/ 156325 A2].
`
`Claim Rejections - 35 USC § 103
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre—AIA 35 U.S.C. 102 and 103) is incorrect, any correction
`
`of the statutory basis for the rejection will not be considered a new ground of rejection if the
`
`prior art relied upon, and the rationale supporting the rejection, would be the same under
`
`either status.
`
`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.
`
`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. l, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under 35
`
`U.S.C.103 are summarized as follows:
`
`1. Determining the scope and contents ofthe prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 4
`
`Claims 1, 2, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al.
`
`(Hereafter, ”Kim”) [US 2010/0272190 A1] in view of Yun et al. (Hereafter, ”Yun”) [W0
`
`2008/ 156325 A2].
`
`In regards to claim 1, Kim discloses a transmitting method for transmitting encoded
`
`data obtained by hierarchically encoding a video image ([0001] a scalable
`
`transmitting/receiving apparatus and method for improving availability of a broadcasting
`
`service), the transmitting method comprising:
`
`a generating step of generating an encoded stream ([0052] The MUX 114 packetizes the
`
`base-layer video stream, the enhancement video stream and the audio stream output from
`
`the encoders 112 and 113 into respective PES packets 210. Thereafter, the MUX 114
`
`packetizes the PES packets 210 into TS packets 220. One PES packet is packetized into one or
`
`more TS packets.), the encoded stream including a packet which is obtained by packetizing the
`
`encoded data ([0051-0053 and Fig. 2] the TS packet consists of either a base-layer video or an
`
`enhancement layer video) and to which a packet ID ([0053] an audio TS packet, a base-layer
`
`video TS packet and an enhancement-layer video TS packet each having different Ple) and a
`
`layer ID indicating a layer level of the encoded data are allocated ([0058 and 0060] the packet
`
`streams are identified as first layer (L1: base layer) and second layer (L2: enhancement-layer),
`
`and information indicating an association relationship ([0051 and Fig. 4] The MUX 114 of FIG. 1
`
`packetizes and multiplexes program specification information, i.e., a stream map, a
`
`compressed and encoded SVC video stream, i.e., a base-layer video stream and an
`
`enhancement-layer video stream, and an audio stream, thereby generating an MPEG-2 TS.
`
`Different program identifications (Ple) are allocated to a video stream corresponding to a
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 5
`
`base layer, a video stream corresponding to an enhancement layer, and an audio stream.)
`
`between the packet ID and the layer level ([0053] The program specification information is
`
`included in a header of the TS packet.), the layer level ID being different from the packet ID
`
`([0053 and 0060] the PID of the packet and the layer indication of the video stream
`
`containing the packet are different); and
`
`a transmitting step oftransmitting the generated encoded stream ([0053] That is, as
`
`shown in FIG. 2, the TS generated at the MUX 114 includes an audio TS packet, a base-layer
`
`video TS packet and an enhancement-layer video TS packet each having different Ple. The
`
`program specification information is included in a header of the TS packet.), and the
`
`generated information indicating the association relationship ([0062-0063] FIG. 4 is a view for
`
`explaining specification information of a PMT applied to the present invention. As shown in
`
`FIG. 4, a PID type includes Ple respectively representing a PMT packet, a base-layer video
`
`packet, an enhancement-layer video packet (PID-PMT, PlD_video_base layer,
`
`PlD_video_enhancement layer and PlD_audio). Respective PID values thereof are ‘100‘, ‘200‘,
`
`‘201‘ and ‘202‘).
`
`It would have been to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of Kim with the use of a specific priority flag in
`
`the stream as taught by Yun in order to ensure that it is possible to discriminate the
`
`enhancement layer video service stream and the base layer video stream on the basis of
`
`information transmitted through the data constituent elements type field and information
`
`transmitted through the priority flag [See Yun, 99].
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 6
`
`In regards to claim 2, the limitations of claim 1 have been addressed. Kim discloses
`
`wherein the layer level includes a base layer level and an enhancement layer level (0032] The
`
`two layers are a base layer and an enhancement layer.),
`
`the encoded data of the base layer level is independently decodable data or is
`
`decodable data by referring to decoded data of another encoded data ofthe base layer level
`
`([0032] The base layer corresponds to a compression result of an SD resolution image
`
`compatible to the H.264 Advanced Video Coding (AVC) standard, and the enhancement layer
`
`corresponds to a result of compression and encoding performed by referencing an input HD
`
`resolution image and an encoding result of the base layer according to the H.264 SVC
`
`standard. If only a base-layer video stream is decoded, an SD image may be restored, and if
`
`an enhancement-layer video stream is decoded together with the base-layer video stream, an
`
`HD image may be restored.), and
`
`the encoded data of the enhancement layer level is decodable data by referring to decoded
`
`data ofthe encoded data of the base layer level ([0032] The enhancement layer corresponds
`
`to a result of compression and encoding performed by referencing an input HD resolution
`
`image and an encoding result of the base layer according to the H.264 SVC standard. If an
`
`enhancement-layer video stream is decoded together with the base-layer video stream, an
`
`HD image may be restored. The enhancement-layer video stream cannot be decoded alone.).
`
`In regards to claim 8, the limitations of claim 1 have been addressed. Kim discloses
`
`wherein the information indicating the association relationship includes one of information
`
`indicating that the encoded stream is individually decodable stream, and information indicating
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 7
`
`that another encoded stream which is necessary to decode the encoded stream ([0032] The
`
`two layers are a base layer and an enhancement layer. The base layer corresponds to a
`
`compression result of an SD resolution image compatible to the H.264 Advanced Video
`
`Coding (AVC) standard, and the enhancement layer corresponds to a result of compression
`
`and encoding performed by referencing an input HD resolution image and an encoding result
`
`of the base layer according to the H.264 SVC standard. If only a base-layer video stream is
`
`decoded, an SD image may be restored, and if an enhancement-layer video stream is decoded
`
`together with the base-layer video stream, an HD image may be restored. The enhancement-
`
`layer video stream cannot be decoded alone.).
`
`Claims 3, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in
`
`view of Yun in further view of Kim et al. (Hereafter, ”Kim052") [US 2010/0266052 A1].
`
`In regards to claim 3, the limitations of claim 2 have been addressed. Kim discloses
`
`wherein the generating step includes:
`
`generating a first encoded stream that is the encoded stream which includes the packet
`
`obtained by packetizing the encoded data of the base layer level and does not include the
`
`packet obtained by packetizing the encoded data ofthe enhancement layer level ([0037] The
`
`scalable separator 115 separates the TS packets generated by the MUX 114 into a first layer
`
`(L1) packet stream and a second layer (L2) packet stream. The first layer (L1) packet stream
`
`includes a base-layer video packet, an audio packet and a program specification information
`
`packet.); and
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 8
`
`generating a second encoded stream that is the encoded stream which includes the
`
`packet obtained by packetizing the encoded data ofthe enhancement layer level and does not
`
`include the packet obtained by packetizing the encoded data ofthe base layer level ([0037] The
`
`scalable separator 115 separates the TS packets generated by the MUX 114 into a first layer
`
`(L1) packet stream and a second layer (L2) packet stream. The second layer (L2) packet stream
`
`includes an enhancement-layer video packet.), and
`
`the transmitting step includes transmitting the first encoded stream by using a first
`
`channel, and transmitting the second encoded stream by using a second channel different from
`
`the first channel ([0036] The scalable transmission unit 117 separates the MPEG-2 TS packets
`
`into multiple layers and transmits them by using a different transmission scheme for each
`
`layer. [0059] multi-channel broadcasting).
`
`Kim discloses different transmission schemes for each layer and multi—channel
`
`broadcasting [See Kim, 0059]. However, Kim doesn’t explicitly disclose the transmitting step
`
`includes transmitting the first encoded stream by using a first channel, and transmitting the
`
`second encoded stream by using a second channel different from the first channel.
`
`Kim052 discloses the transmitting step includes transmitting the first encoded stream by
`
`using a first channel ([0051] The base layer channel decoder 309 may receive a base layer TS
`
`via a conventional T-DMB transmission network and perform channel decoding for the base
`
`layer TS.), and transmitting the second encoded stream by using a second channel different
`
`([0020] an enhancement layer processing unit configured to receive an enhancement layer
`
`stream via a different transmission channel from the transmission channel of the base layer
`
`stream) from the first channel ([0042] According to an aspect of the present invention,
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 9
`
`depending on setting, the transmission channel determining unit 221 may determine a
`
`transmission channel of a conventional T-DMB network, a satellite DMB network, a
`
`communication network, and the like and transmit enhancement layer data via the
`
`determined transmission channel.).
`
`It would have been to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of Kim with the transmission of the base layer
`
`stream and the enhancement layer stream through different transmission channels as taught
`
`by Kim052. The motivation behind this modification would have been to simplify a system
`
`operation, multiplexing and outputting an audio ES and a data ES and to transform the ES to be
`
`transmittable via a different channel such as a T—DMB transmission network channel, a DMB
`
`network channel, a communication network channel, and the like, and thereby transmit the
`
`transformed elementary stream [See Kim052, 0065].
`
`In regards to claim 4, the limitations of claim 3 have been addressed. Kim fails to
`
`explicitly disclose wherein the generating step includes generating the first encoded stream and
`
`the second encoded stream according to different multiplexing methods.
`
`Kim052 wherein the generating step includes generating the first encoded stream and
`
`the second encoded stream according to different multiplexing methods ([Fig. 2] the base layer
`
`video stream is multiplexed in the T-DMB multiplexer 209 and the enhancement later video
`
`stream is multiplexed in the enhancement layer TS multiplexer 215).
`
`It would have been to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of Kim with the multiplexing ofthe video streams
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 10
`
`through different multiplexers as taught by Kim052 in order to simplify a system operation,
`
`multiplexing and outputting an audio ES and a data ES and to transform the ES to be
`
`transmittable via a different channel such as a T—DMB transmission network channel, a DMB
`
`network channel, a communication network channel, and the like, and thereby transmit the
`
`transformed elementary stream [See Kim052, 0065].
`
`In regards to claim 6, the limitations of claim 3 have been addressed. Kim discloses
`
`wherein one of the first channel and the second channel is a channel for broadcasting ([0017]
`
`multi-channel high-quality satellite broadcasting), and
`
`Kim fails to explicitly disclose the other one of the first channel and the second channel
`
`is a channel used for communication.
`
`Kim052 discloses wherein one ofthe first channel and the second channel is a channel
`
`for broadcasting ([0051] The base layer channel decoder 309 may receive a base layer TS via a
`
`conventional T-DMB transmission network and perform channel decoding for the base layer
`
`TS.), and the other one of the first channel and the second channel is a channel used for
`
`communication ([0042] According to an aspect of the present invention, depending on
`
`setting, the transmission channel determining unit 221 may determine a transmission
`
`channel of a conventional T-DMB network, a satellite DMB network, a communication
`
`network, and the like and transmit enhancement layer data via the determined transmission
`
`channel.).
`
`It would have been to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of Kim with the transmission of the base layer
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 11
`
`stream and the enhancement layer stream through different transmission channels as taught
`
`by Kim052. The motivation behind this modification would have been to simplify a system
`
`operation, multiplexing and outputting an audio ES and a data ES and to transform the ES to be
`
`transmittable via a different channel such as a T—DMB transmission network channel, a DMB
`
`network channel, a communication network channel, and the like, and thereby transmit the
`
`transformed elementary stream [See Kim052, 0065].
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Yun in
`
`further view of Kim052 in even further view of Hwang et al. (Hereafter, ”Hwang”) [US
`
`2013/0097627 A1].
`
`In regards to claim 5, the limitations of claim 4 have been addressed. Kim discloses
`
`wherein the generating step includes:
`
`generating one of the first encoded stream and the second encoded stream according
`
`to MPEG—2 TS (Moving Picture Experts Group—2 Transport Stream) ([0035] generating Moving
`
`Picture Experts Group (MPEG)-2 transport stream (TS) packets); and
`
`Kim discloses that the TS packets are MPEG—2 TS packets. Kim fails to explicitly disclose
`
`generating one of the first encoded stream and the second encoded stream according to
`
`MPEG—2 TS (Moving Picture Experts Group—2 Transport Stream); and generating the other one
`
`of the first encoded stream and the second encoded stream according to MMT (MPEG Media
`
`Transport).
`
`Hwang discloses generating one of the first encoded stream and the second encoded
`
`stream according to MPEG—2 TS (Moving Picture Experts Group—2 Transport Stream); and
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 12
`
`generating the other one of the first encoded stream and the second encoded stream according
`
`to MMT (MPEG Media Transport) ([Fig. 4 and 0110] the streams are in MPEG-2 and MMT
`
`format).
`
`It would have been to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of Kim with the ability to have both or either
`
`stream in MPEG—2 or MMT format as taught by Hwang in order to have a stream that may be
`
`analyzed by both the existing broadcast receiver and a receiver supporting MMT [See Hwang,
`
`0110i
`
`Conclusion
`
`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 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.
`
`Contact Information
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 13
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Kaitlin A Retallick whose telephone number is (571)270—3841.
`
`The examiner can normally be reached on Monday—Friday 8am—5pm.
`
`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, Chris Kelley can be reached on (571) 272—7331. 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.
`
`/KAITLIN A RETALLICK/
`
`Examiner, Art Unit 2482
`
`