UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`14/941,583
`
`11/14/2015
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`NORITAKA IGUCHI
`
`2015-1682T
`
`1081
`
`06’1“”
`- 759°
`”5044
`Wenderoth, L1nd & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`
`Washington DC 20036
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`RETALLICK' KAITLIN A
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`2482
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`06/14/2019
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`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 @ wenderothcom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`14/941,583
`Examiner
`Kaitlin A Retaliick
`
`Applicant(s)
`IGUCHI et al.
`Art Unit
`2482
`
`AIA (FITF) 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 08 March 2019 and 13 May 2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—6 and 8—13 is/are pending in the application.
`
`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1—6 and 8—13 is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp 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
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`is/are: a)D accepted or b)l:] 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)l:l Some**
`
`c)Cl None of the:
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`1.. Certified copies of the priority documents have been received.
`
`2.[:] 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-
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`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190610
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
`
`Status of the Application
`
`Claims 10—13 have been added. Claims 1—6 and 8—13 are currently pending in this
`
`application.
`
`Specification
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`The specification is objected to as failing to provide proper antecedent basis for the
`
`claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction ofthe
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`following is required: there is no support in the specification for the following terms: ”unit ID",
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`”dependency ID", and ”media content unit(s)".
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C.112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C.112(pre—A|A), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre—AIA), second paragraph,
`
`as being indefinite for failing to particularly point out and distinctly claim the subject matter
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`which the inventor or a joint inventor, or for pre—AIA the applicant regards as the invention.
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 3
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`A claim, although clear on its face, may also be indefinite when a conflict or
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`inconsistency between the claimed subject matter and the specification disclosure renders the
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`scope ofthe claim uncertain as inconsistency with the specification disclosure or prior art
`
`teachings may make an otherwise definite claim take on an unreasonable degree of
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`uncertainty. In re Moore, 439 F.2d 1232, 1235—36, 169 USPQ 236, 239 (CCPA 1971); In re Cohn,
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`438 F.2d 989, 169 USPQ 95 (CCPA 1971); In re Hammock, 427 F.2d 1378, 166 USPQ 204 (CCPA
`
`1970). For example, a claim with a limitation of "the clamp means including a clamp body and
`
`first and second clamping members, the clamping members being supported by the clamp
`
`body" was determined to be indefinite because the terms "first and second clamping members"
`
`and "clamp body" were found to be vague in light ofthe specification which showed no "clamp
`
`member" structure being "supported by the clamp body." In re Anderson, 1997 U.S. App. Lexis
`
`167 (Fed. Cir. January 6, 1997) (unpublished). In Cohn, a claim was directed to a process of
`
`treating an aluminum surface with an alkali silicate solution and included a further limitation
`
`that the surface has an "opaque" appearance. Id. The specification, meanwhile, associated the
`
`use of an alkali silicate with a glazed or porcelain—like finish, which the specification
`
`distinguished from an opaque finish. Cohn, 438 F.2d at 993. Noting that no claim may be read
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`apart from and independent ofthe supporting disclosure on which it is based, the court found
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`that the claim was internally inconsistent based on the description, definitions and examples
`
`set forth in the specification relating to the appearance ofthe surface after treatment, and
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`therefore indefinite. [MPEP 2173.03].
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 4
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`Regarding claim 1, there is no support in the specification for the following terms: ”unit
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`ID", ”dependency ID", and ”media content unit(s)". Therefore, the specification does not
`
`provide the needed support or antecedent basis for the claim terms.
`
`Response to Arguments
`
`Presented arguments have been fully considered, but are rendered moot in view of new
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`ground(s) of rejection necessitated by amendment(s) initiated by the applicant(s).
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`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
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`of the statutory basis for the rejection will not be considered a new ground of rejection if the
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`prior art relied upon, and the rationale supporting the rejection, would be the same under
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`either status.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`rejections set forth in this Office action:
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`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.
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`2. Ascertaining the differences between the prior art and the claims at issue.
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 5
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`Claims 1, 2, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al.
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`(Hereafter, ”Kim”) [US 2010/0272190 A1] in view of Yun et al. (Hereafter, ”Yun”) [WO
`
`2008/156325 A2] in further view of Ugur et al. (Hereafter, ”Uger”) [US 2014/0092964 A1].
`
`In regards to claim 1, Kim discloses a transmitting method for transmitting encoded
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`data obtained by encoding a video image ([0001] a scalable transmitting/receiving apparatus
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`and method for improving availability of a broadcasting service), the transmitting method
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`comprising: generating (i) an encoded stream ([0052] The MUX 114 packetizes the base-layer
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`video stream, the enhancement video stream and the audio stream output from the encoders
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`112 and 113 into respective PES packets 210. Thereafter, the MUX 114 packetizes the PES
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`packets 210 into TS packets 220. One PES packet is packetized into one or more TS packets.)
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`including a plurality of contents ([0051-0053 and Fig. 2] the TS packet consists of either a base-
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`layer video or an enhancement layer video) and generating (ii) control information including:
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`(ii—1) a unit ID allocated to each of the plurality of contents ([0053] an audio TS packet, a base-
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`layer video TS packet and an enhancement-layer video TS packet each having different Ple);
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`(ii—2) a dependency ID allocated to at least one of the plurality of contents, the dependency ID
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`indicating that the at least one of the plurality of contents depends on other media content
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`unit(s) in decoding of the at least one of the plurality of contents ([0058 and 0060] the packet
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`streams are identified as first layer (L1:base layer) and second layer (L2:enhancement-layer)
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`[0051 and Fig. 4] The MUX 114 of FIG. 1 packetizes and multiplexes program specification
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 6
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`information, i.e., a stream map, a compressed and encoded SVC video stream, i.e., a base-
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`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
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`stream corresponding to a base layer, a video stream corresponding to an enhancement
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`layer, and an audio stream); and—(WWW
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`and-meenstnfiien—data—fer—reeenstmethag—the—eneeded—stpeam; and transmitting the generated
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`encoded stream ([0053] That is, as shown in FIG. 2, the TS generated at the MUX 114 includes
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`an audio TS packet, a base-layer video TS packet and an enhancement-layer video TS packet
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`each having different Ple. The program specification information is included in a header of
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`the TS packet.), and the generated control information ([0062-0063] FIG. 4 is a view for
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`explaining specification information of a PMT applied to the present invention. As shown in
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`FIG. 4, a PID type includes Ple respectively representing a PMT packet, a base-layer video
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`packet, an enhancement-layer video packet (PID-PMT, PlD_video_base layer,
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`PlD_video_enhancement layer and PlD_audio). Respective PID values thereof are ‘100‘, ‘200‘,
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`‘201‘ and ‘202‘).
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`Yun discloses a transmitting method for transmitting encoded data obtained
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`by encoding a video image ([9] generating service streams for transmitting broadcasting
`
`signals), the transmitting method comprising: generating (i) an encoded stream including
`
`a plurality of contents and generating (ii) control information including: (ii—1) a unit ID allocated
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`to each of the plurality of contents ([91] The service identification field (Sld) transmits an
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`arbitrary high-quality video service identifier (which is shown as "Sldx" in FIG. 8).); (ii—2) a
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`dependency ID allocated to at least one of the plurality of contents, the dependency ID
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 7
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`indicating that the at least one of the plurality of contents depends on other media content
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`unit(s) in decoding of the at least one of the plurality of contents ([91] The service component
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`description field (Service comp. description 1) transmits information on a subchannel through
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`which the first stream is transmitted, or the kind of service that is obtained by decoding the
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`first stream. [92] the Service Comp. Description Field which includes the DSCTy field which
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`indicates that the first stream (Service K1) is decoded from the video service, and [93] the
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`priority flag which indicates that the stream is the primary stream [96] the Service Comp.
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`Description Field which includes the DSCTy field which indicates that the second stream
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`(Service K2) is additional data that is decoded to a high-quality video service , and [98] the
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`priority flag which indicates that the stream is the secondary stream.).
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`Ugur discloses a transmitting method for transmitting encoded data obtained
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`by encoding a video image ([0245] A first aspect involves a method and related apparatuses,
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`typically involving an encoder and/or computer program code to be executed by a processor,
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`for encoding the indication and the related bitstream of pictures according to the indication.
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`[0251] In some embodiments, the encoder and/or the encoding process and/or the decoder
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`and/or the decoding process and/or the HRD may include a first interface or interfaces (e.g.
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`an application programming interface or API) to input a reconstructed or decoded picture of a
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`base layer.), the transmitting method comprising: generating (i) an encoded stream including
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`a plurality of contents ([0251] a reconstructed or decoded picture of a base layer) and
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`generating (ii) control information including: (ii—l) a unit ID allocated to each ofthe plurality of
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`contents ([0251] layer_id); (ii—2) a dependency ID allocated to at least one of the plurality of
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`contents, the dependency ID indicating that the at least one of the plurality of contents
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 8
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`depends on other media content unit(s) in decoding of the at least one of the plurality
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`of contents ([0245] The method is illustrated in the flow chart of FIG. 9.
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`In the method, an
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`encoder obtains (900) information relating to use of inter-layer prediction only from certain
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`types of pictures in a base layer of a scalable video sequence. Then the encoder encodes (902)
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`one or more indications relating to use of picture types and/or NAL unit types for inter-layer
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`prediction, and encodes (904) pictures into a bitstream of the scalable video sequence
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`according to the one or more indications for inter-layer prediction. [0252] combination of
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`scalability dimension identifier values (e.g. dependency_id and quality_id values) [0253]
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`temporal_id value or similar indicating the temporal sub-layer for which the
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`reconstructed/decoded component picture belongs to); and (ii—3) time information for each of
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`the plurality of contents and reconstruction data ([0153] A non-VCL NAL unit may be for
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`example one of the following types: a sequence parameter set, a picture parameter set, a
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`supplemental enhancement information (SEI) NAL unit, an access unit delimiter, an end of
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`sequence NAL unit, an end of stream NAL unit, or a filler data NAL unit. Parameter sets may
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`be needed for the reconstruction of decoded pictures, whereas many of the other non-VCL
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`NAL units are not necessary for the reconstruction of decoded sample values.) for
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`reconstructing the encoded stream ([0251] The first interface(s) may include or have a
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`mechanism to provide information characterizing or associated with the
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`reconstructed/decoded picture, including but not limited to any number of the following:
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`[0252] layer_id value or similar layer identifier or a combination of scalability dimension
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`identifier values (e.g. dependency_id and quality_id values) [0253] temporal_id value or
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`similar indicating the temporal sub-layer for which the reconstructed/decoded component
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 9
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`picture belongs to [0254] spatial extents (e.g. horizontal and vertical sample counts) [0255]
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`information related to coding mode, block partitioning, motion vectors and other syntax
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`elements or derived variables of the coded component picture corresponding to the
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`reconstructed/decoded component picture provided through the interface [0256] picture
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`order count value or similar value indicating an output order [0257] frame number value or
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`similar value indicating a decoding order [0258] an output or playback time [0259] a decoding
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`time and/or alike.); and transmitting the generated encoded stream, and the
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`generated control information ([0268] The encoded video sequence and the associated
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`information relating to use of inter-layer prediction may be transmitted to a receiving
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`apparatus, or the receiving apparatus may download the encoded video sequence and the
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`associated information relating to use of inter-layer prediction, for example as a file
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`download or by streaming.).
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`It would have been to one of ordinary skill in the art before the effective filing date of
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`the claimed invention to modify the teachings of Kim with the use of a Service Identification
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`Field for each service (SID), a service component description field for each service, a priority flag
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`for each service in the stream as taught by Yun in order to ensure that it is possible to
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`discriminate the enhancement layer video service stream and the base layer video stream on
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`the basis of information transmitted through the data constituent elements type field and
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`information transmitted through the priority flag [See Yun, 99]. It would have been to one of
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`ordinary skill in the art before the effective filing date of the claimed invention to modify the
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`teachings of Kim and Yun with the encoding of layer_id values, dependency_id values,
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`information corresponding to the reconstruction of the decoded pictures, and decoding times
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`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 10
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`as taught by Ugur. The motivation behind this modification would have been to provide
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`suitable apparatus and possible mechanisms for encoding an enhancement layer sub—picture
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`without significantly sacrificing the coding efficiency [See Ugur, 0101].
`
`In regards to claim 2, the limitations of claim 1 have been addressed. Kim discloses
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`wherein the encoded data of a 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
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`base layer corresponds to a compression result of an SD resolution image compatible to the
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`H.264 Advanced Video Coding (AVC) standard, and the enhancement layer corresponds to a
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`result of compression and encoding performed by referencing an input HD resolution image
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`and an encoding result of the base layer according to the H.264 SVC standard. If only a base-
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`layer video stream is decoded, an SD image may be restored, and if an enhancement-layer
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`video stream is decoded together with the base-layer video stream, an HD image may be
`
`restored.), and the encoded data of a enhancement layer level is decodable data by referring to
`
`decoded data of the 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.).
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 11
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`In regards to claim 8, the limitations of claim 1 have been addressed. Kim discloses
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`wherein the control information includes one of information indicating that the encoded
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`stream is individually decodable stream, and information indicating that another encoded
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`stream which is necessary to decode the encoded stream ([0032] The two layers are a base
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`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
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`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 Ugur in even 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 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
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`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
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 12
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`(L1) packet stream includes a base-layer video packet, an audio packet and a program
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`specification information packet.); and generating a second encoded stream that is the
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`encoded stream which includes the packet obtained by packetizing the encoded data ofthe
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`enhancement layer level and does not include the packet obtained by packetizing the encoded
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`data of the 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 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
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`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
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`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
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`second encoded stream by using a second channel different from the first channel.
`
`Kim052 discloses the transmitting includes transmitting the first encoded stream by
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`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
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`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
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`stream via a different transmission channel from the transmission channel of the base layer
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 13
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`stream) from the first channel ([0042] According to an aspect of the present invention,
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`depending on setting, the transmission channel determining unit 221 may determine a
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`transmission channel of a conventional T-DMB network, a satellite DMB network, a
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`communication network, and the like and transmit enhancement layer data via the
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`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
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`operation, multiplexing and outputting an audio ES and a data ES and to transform the ES to be
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`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
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`explicitly disclose wherein the generating includes generating the first encoded stream and the
`
`second encoded stream according to different multiplexing methods.
`
`Kim052 wherein the generating includes generating the first encoded stream and the
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`second encoded stream according to different multiplexing methods ([Fig. 2] the base layer
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`video stream is multiplexed in the T-DMB multiplexer 209 and the enhancement later video
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`stream is multiplexed in the enhancement layer TS multiplexer 215).
`
`

`

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

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 15
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`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
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`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
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`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 Ugur in even 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
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`wherein the generating includes: generating one of the first encoded stream and the second
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`encoded stream according to MPEG—2 TS (Moving Picture Experts Group—2 Transport Stream)
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`([0035] generating Moving Picture Experts Group (MPEG)-2 transport stream (TS) packets);
`
`and
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`Kim discloses that the TS packets are MPEG—2 TS packets. Kim fails to explicitly disclose
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`generating one of the first encoded stream and the second encoded stream according to
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`MPEG—2 TS (Moving Picture Experts Group—2 Transport Stream); and generating the other one
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`of the first encoded stream and the second encoded stream according to MMT (MPEG Media
`
`Transport).
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 16
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`Hwang discloses generating one of the first encoded stream and the second encoded
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`stream according to MPEG—2 TS (Moving Picture Experts Group—2 Transport Stream); and
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`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,
`
`01101
`
`Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Yun in
`
`further view of Kajos et al. (Hereafter, ”Kajos”) [US 2010/0161716 A1].
`
`In regards to claim 9, the limitations of claim 1 have been addressed. Kim fails to
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`explicitly disclose further comprising: a second transmitting of transmitting information related
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`to a capability of a receiving device which is necessary to decode and display the encoded
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`stream.
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`Kajos discloses further comprising: a second transmitting of transmitting information
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`related to a capability of a receiving device which is necessary to decode and display the
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`encoded stream ([0043] FIG. 6 is a flowchart illustrating one example of a method for
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`delivering content to a client device over a network. The method begins in step 610 when
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`communication is established between a headend and a client device over the network. The
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 17
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`communication may be initiated by either the headend or the client device. Next, in step 620,
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`a message is received over the network. The message specifies or otherwise indicates the
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`content rendering capabilities of the client device. The message may be communicated while
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`the communication s