UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`14/965,900
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`12/11/2015
`
`NORITAKA IGUCHI
`
`2016-0076T
`
`5352
`
`Wenderoth, L1nd & Ponaek, L.L.P.
`1030 15th Street, NW, Suite 400 East
`Washington, DC 20005
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`HUNTER'MISHAWN N
`
`ART UNIT
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`2484
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`12/31/2018
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`eoa @ wenderoth. com
`kmiller @ wenderotheom
`
`PTOL-90A (Rev. 04/07)
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`

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`Off/09 A0170” Summary
`
`Application No.
`14/965,900
`Examiner
`Mishawn N Hunter
`
`Applicant(s)
`IGUCHI et al.
`Art Unit
`2484
`
`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).
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`Status
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`1). Responsive to communication(s) filed on 11/30/18.
`[: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.
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`2b) C] This action is non-final.
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`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.
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`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.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above Claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. 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
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11). The drawing(s) filed on 12/11/15 is/are: a). accepted or b)D objected to by the Examiner.
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`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:
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`a). All
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`b)D Some**
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`C)D None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) C] Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`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)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20181224
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`

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`Application/Control Number: 14/965,900
`Art Unit: 2484
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`Response to Arguments
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`2.
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`Applicant’s arguments with respect to claims 1-9 have been considered but are
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`moot because the arguments do not apply to any of the references being used in the
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`current rejection.
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`Claim Rejections - 35 USC § 1 12
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`3.
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`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
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`(a) IN GENERAL—The specification shall contain a written description of the
`invention, and of the manner and process of making and using it, in such full, clear, concise,
`and exact terms as to enable any person skilled in the art to which it pertains, or with which it
`is most nearly connected, to make and use the same, and shall set forth the best mode
`contemplated by the inventor orjoint inventor of carrying out the invention.
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`4.
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`Claims 1-9 are rejected under 35 U.S.C. 112(a) as failing to comply with the
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`written description requirement. The claims contains subject matter which was not
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`described in the specification in such a way as to reasonably convey to one skilled in
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`the relevant art that the inventor or a joint inventor had possession of the claimed
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`invention. Claims 1 and 7-9 recite “a plurality of second MPUs belonging to second
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`media different in type from the first media.” It is unclear as to what a “second media
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`different in type” means? Additionally, a “second media different in type” is not
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`described in the specification in such a way as to reasonably convey the inventor or a
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`joint inventor had possession of the claimed invention. Previously presented claim 3
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`

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`Application/Control Number: 14/965,900
`Art Unit: 2484
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`Page 3
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`recited “a first MPU belonging to a first media and a second MPU belonging to a second
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`media.” It is uncertain as to whether currently amended claims 1 and 7-9 are claiming a
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`first and second MPU on a first and second media of the same type (i.e. CD-ROM,
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`computer program, recording medium, etc) or a first and second media of the different
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`types (i.e. video, audio , and/or captions). Please clarify to comply with the written
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`description requirement.
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`Claim Rejections - 35 USC § 102
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`5.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`patent or application, as the case may be, names another inventor and was effectively filed
`before the effective filing date of the claimed invention.
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`7.
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`Claims 1-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rhyu
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`et al. (US Pub. No. 2014/0007172).
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`8.
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`Consider claim 1. Rhyu et al. teaches a storage method comprising: a reception
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`step of receiving, using a receiver, a coded stream including a plurality of media
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`processing units (MPUs) which are data units defined in an MPEG media transport
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`standard (para. 0030 describes receiving MPUs; para. 0035 describes an MPU as
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`

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`Application/Control Number: 14/965,900
`Art Unit: 2484
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`Page 4
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`transport unit of complex media contents; para. 0127 describes the MPU used in
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`MPEG-4); a storage step of storing, in a memory, the received plurality of MPUs of the
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`coded stream in a memory (para. 0030 describes storing the MPUs); and a generation
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`step of generating, using a generator, first control information used to play back the
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`stored plurality of MPUs, the first control information including playback start times in
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`the memory usable for correlating the plurality of MPUs (paras. 0089-0092 describe
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`generating information related to a presentation time, decoding time, decoding order,
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`and presentation duration to play back the MPUs).
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`9.
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`Consider claim 2. Rhyu et al. teaches the storage method according to claim 1,
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`wherein the coded stream includes second control information, and in the generation
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`step, information indicating order of playing back the plurality of MPUs is generated as
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`the first control information by analyzing the second information (paras. 0096-0098
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`describe providing the decoding order information to the MPU composition information).
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`10.
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`Consider claim 3. Rhyu et al. teaches the storage method according to claim 2,
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`wherein the plurality of MPUs include a first MPU belonging to first media and a second
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`MPU belonging to second media, and in the generation step, information correlating the
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`first MPU and the second MPU is generated as the first control information by analyzing
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`the second control information (paras. 0096-0109 describe generating the information
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`correlating the first MPU to the second MPU).
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`11.
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`Consider claim 4. Rhyu et al. teaches the storage method according to claim 3,
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`wherein each of the plurality of MPUs is a randomly accessible MPU having a random
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`access unit, and in the generation step, clock time information indicating a playback
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`start clock time of each of the plurality of MPUs is generated as the first control
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`

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`Application/Control Number: 14/965,900
`Art Unit: 2484
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`Page 5
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`information by analyzing the second control information (para. 0050 describes a
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`randomly accessible MPU having a random access point; paras. 0096-0109 describe
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`generating the first control information by analyzing the second control information).
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`12.
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`Consider claim 5. Rhyu et al. teaches the storage method according to claim 4,
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`wherein, in the generation step, the information correlating the first MPU and the second
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`MPU is generated as the first control information, the first MPU and the second MPU
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`being identical to each other in the playback start clock time (para. 0083 describe a
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`plurality of MPUs being identical to each other in the playback start clock time).
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`13.
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`Consider claim 6. Rhyu teaches the storage method according to claim 1,
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`wherein, in the generation step, information indicating recording positions in the memory
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`of the plurality of MPUs is generated as the first control information when the plurality of
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`MPUs are stored in the memory in the storage step (para. 0054 describes position
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`information of each of the MPUs).
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`14.
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`Claim 7 is rejected using similar reasoning as corresponding claim 1 above.
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`15.
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`Consider claim 8. Rhyu et al. teaches all claimed limitations as stated above.
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`Rhyu et al. further teaches a storage apparatus comprising: a receiver that receives a
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`coded stream including a plurality of media processing units (MPUs) which are data
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`units defined in an MPEG media transport standard (fig. 13 shows a receiver for
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`receiving media contents); a memory that stores the plurality of MPUs of the coded
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`stream received by the receiver (fig. 13 shows a storage unit for storing the transport
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`stream); and a generator that generates control information used to play back the
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`plurality of MPUs stored in the memory (fig. 13 describes a controller for generating
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`control information used to play back the plurality of MPUs stored in the memory).
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`

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`Application/Control Number: 14/965,900
`Art Unit: 2484
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`Page 6
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`16.
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`Claim 9 is rejected using similar reasoning as corresponding claim 8 above.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Mishawn N Hunter whose telephone number is
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`(571)272-7635. The examiner can normally be reached on Monday-Friday 7am-4pm.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`

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`Application/Control Number: 14/965,900
`Art Unit: 2484
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`Page 7
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Thai Tran can be reached on 571-272—7382. The fax phone number for the
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`organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/MISHAWN N HUNTER/
`
`Primary Examiner, Art Unit 2484
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`