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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`15/177,482
`
`06/09/2016
`
`NORITAKA IGUCHI
`
`2016-1841T
`
`5755
`
`Wenderoth, Lind & Ponaek, L.L.P.
`1030 15th Street, NW, Suite 400 East
`Washington, DISTRICT OF COLUMBIA 20005
`UNITED STATES OF AMERICA
`
`CHOKSHI' PINKAL R
`
`2425
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/16/2018
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`ELECTRONIC
`
`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)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/177,482
`Examiner
`PINKAL R CHOKSHI
`
`Applicant(s)
`IGUCHI et al.
`Art Unit
`2425
`
`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
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`1). Responsive to communication(s) filed on 06/05/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`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
`
`8
`
`
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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.
`
`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:
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`a)D All
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`b)I:J Some”
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`c)C] None of the:
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`1.[:]
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`Certified copies of the priority documents have been received.
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`2.[:]
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`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)
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`Notice of References Cited (PTO-892)
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`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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 20180621
`
`

`

`Application/Control Number: 15/177,482
`Art Unit: 2425
`
`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, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`Continued Examination Under 37 CFR 1. 1 14
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`2.
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`A request for continued examination under 37 CFR 1.114, including the fee set
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`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
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`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
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`06/05/2018 has been entered.
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`Response to Arguments
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`3.
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`Applicant’s arguments with respect to claim 1 have been considered but are
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`moot because the arguments do not apply in view of newly found reference being used
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`in the current rejection. See the new rejection below.
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`Claim Rejections - 35 USC § 103
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`4.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness 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. Patentabiiity shall not be
`negated by the manner in which the invention was made.
`
`

`

`Application/Control Number: 15/177,482
`Art Unit: 2425
`
`Page 3
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`5.
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`Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over US PG
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`Pub 2009/0164652 to Slobotskoy (“S/obotskoy’) in view of US PG Pub 2015/0208095 to
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`Schierl (“Schier/’).
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`Regarding claim 1, “A transmitting method” reads on the method of
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`processing/streaming content to a receiving device (abstract) disclosed by
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`Slobotskoy and represented in Figs. 2 and 5.
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`As to “comprising: encoding a video signal and generating encoded data
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`including a plurality of access units” Slobotskoy discloses (110023, 110035, 10058)
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`that the original content is encoded, where (10037) that the encoded content
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`includes a plurality of presentation units as represented in Fig. 2 (elements 203,
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`201).
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`As to “storing the plurality of access units in a packet in a unit that defines
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`one access unit as one unit or in a unit defined by dividing one access unit, and
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`generating a packet group” Slobotskoy discloses (110036, 10037) that the
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`presentation units are packetized as a presentation group/metadata as
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`represented in Fig. 2 (elements 202A, 202N). Slobotskoy further discloses
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`(110033, 10039) that the content data and associated packetized data/metadata is
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`stored in the storage unit as represented in Fig. 2 (elements 204, 102).
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`As to “transmitting the generated packet group as data” Slobotskoy
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`discloses (110042, 110043, 10033) that the stream processor transmits content
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`comprising presentation groups made up of presentation units as represented in
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`Fig. 5 (elements 103, 203, 108).
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`

`

`Application/Control Number: 15/177,482
`Art Unit: 2425
`
`Page 4
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`As to “generating first information and second information, the first
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`information indicating a presentation time of a first access unit that is presented
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`first among the plurality of access units, and the second information being used
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`to calculate a decoding time of the plurality of access units” Slobotskoy discloses
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`(110060, 10061) that the media content includes decode timestamp (DTS) and
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`presentation timestamp (PTS), where they indicate the order in which the
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`presentation units are to be decoded and presented to the user of the receiving
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`device; PCR and DTS/PTS timestamps set to freerun values are generated.
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`Slobotskoy further discloses (10078) that the content is altered by inserting
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`additional packets to increment DTS and PTS timestamps as represented in Fig.
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`7.
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`As to “transmitting the first information and the second information as
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`control information” Slobotskoy discloses (10061) that the processor streams
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`PCR and PTS/DTS timestamps in real-time as represented in Fig. 7, where
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`(110063) the continuity and accuracy of the PCR, PTS, and DTS timestamps are
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`maintained throughout the lifetime of the stream.
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`Slobotskoy meets all the limitations of the claim except “wherein the
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`control information is stored and transmitted in a payload of a packet different
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`from a packet in which the data is stored”. However, Schierl discloses (110158)
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`sequence of packets has interspersed thereinto timing control packets, where the
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`timing control packet signals a decoder buffer retrieval time for the decoding unit.
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`Schierl also discloses (110208) besides payload packets and the timing control
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`packets interspersed therebetween, other packets of other type may exists
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`

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`Application/Control Number: 15/177,482
`Art Unit: 2425
`
`Page 5
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`as well, such as fill data packets, picture or sequence parameter set packets,
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`AUE packets, or the like. Schieri further discieses ($0209) payieed packet 32
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`carries a sub~perticn 24 intc which picture 18 is subdivided as represented in
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`Figi 2‘ The encoder is cehiigured tc intersperse intc the sequence 34 ct packets
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`tithing centrei packets 36. Each timing centrei packet signaiing s deceder hui‘ier
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`retrievai time fer a deccding unit 38“ Enccder prefixes subsequences cf the
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`sequence cf the payiead packets 32 within one access unit 30 with a respective
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`tithing cehtrei packet 36 signating tor the respective subsequehee oi payioad
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`packets prefixed by the respective timing centrei packet 3&3 and ferrning e
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`decoding unit 38; (110214) the timing control packet signals the deceder buffer
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`retrievai timer, se that the deceder is ahie tc, without staiiing, i,e., witheut running
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`cut oi avaiiaeie payiead packets; {film’i 6, il0228—t’l0230) tirnihg centrei packets
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`that they be packets et a certain remevahie packet type, additiertaiiy carrying a
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`certain SEES packet type fieid. Timing centrei packets may be SEi packets with
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`each SEE packet carrying cne or there severai SEE messages. Schieri aisc
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`discieses ($0332, $0341 wil0344) payioaci packets and timing centroi packets, and
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`eptienai fitter date and SEE packets, are at difierertt packet types as represented
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`in FigSE-B. Therefore, it would have been obvious to one of the ordinary skills in
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`the art before the effective filing date of the invention to modify Slobotskoy‘s
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`system by providing control information and the data in different packets as
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`taught by Schierl in order to control and synchronize the presentation/decode
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`time of each audio/video frame (110053).
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`

`

`Application/Control Number: 15/177,482
`Art Unit: 2425
`
`Page 6
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`Regarding claim 2, “The transmitting method according to claim 1,
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`wherein the second information is information used to calculate a decoding time
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`of part of the plurality of access units” Slobotskoy discloses (110060) that the
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`decode timestamp (DTS) timestamp includes a series of bits that indicate to a
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`decoder in the receiving playback device the order in which presentation units
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`are to be decoded.
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`Regarding claim 3, see rejection similar to claim 1. Furthermore,
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`Slobotskoy discloses (110043) that the processed content, as mentioned above, is
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`output to the receiving device as represented in Fig. 5 (element 104).
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`Regarding claim 4, see rejection similar to claim 1.
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`Regarding claim 5, see rejection similar to claim 3.
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`Conclusion
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`6.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to PINKAL R CHOKSHI whose telephone number is
`
`(571)270-3317. The examiner can normally be reached on Monday - Friday, 7am-5pm.
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`Examiner interviews are available via telephone, in-person, and video
`
`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: 15/177,482
`Art Unit: 2425
`
`Page 7
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, BRIAN T PENDLETON can be reached on (571)272-7527. The fax phone
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`number for the organization where this application or proceeding is assigned is 571 -
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`273-8300.
`
`Information regarding the status of an application may be obtained from the
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`
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`
`/PINKAL R CHOKSHI/
`
`Primary Examiner, Art Unit 2425
`
`