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
`
`15/618,803
`
`06/09/2017
`
`Noritaka IGUCHI
`
`2017-0916A
`
`4299
`
`52349
`
`759°
`
`12/11/2019
`
`WENDEROTH, LIND & PONACK L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`
`Washington DC 20036
`
`KAVLESKL RYAN C
`
`ART UNIT
`2412
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/ 1 1/2019
`
`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.
`15/618,803
`Examiner
`RYAN c KAVLESKI
`
`Applicant(s)
`IGUCHI etal.
`Art Unit
`2412
`
`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 11/14/2019.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)[:] This action is FINAL.
`
`2b)
`
`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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`8)
`Claim(s 114Is/are rejected
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`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)|:] Some**
`
`c)l:i None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`3D 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)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20191204
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 2
`
`In response to communication filed on 11/14/2019.
`
`DETAILED ACTION
`
`Claims 1-14 are pending.
`
`Claims 1-14 are rejected.
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this application is eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
`
`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
`
`submission filed on 11/14/2019 has been entered.
`
`Response to Amendments
`
`This communication is in response to Applicant’s reply filed under 3 CFR 1.111 on 11/14/2019.
`
`Claims 1,7,13 and 14 were amended and claims 1-14 remain pending.
`
`Amendment to claims 13 and 14 in response to objection under informalities has been
`
`considered. The amendment to the claims obviates previously raised objection, as such this objection is
`
`hereby withdrawn.
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 3
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`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
`
`prior Office action.
`
`Claims 1-4,7-10,13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon
`
`et al. (US Pub. 2017/0171070)(K1 hereafter) in view of Yonge et al. (US Pub. 2005/0114489)(Y1
`
`hereafter) in further view of "MMT-Based Media Transport Scheme in Digital Broadcasting Systems."
`
`(ARIB hereafter).
`
`Regarding claims 1 and 13, K1 teaches a transmission apparatus [refer Fig. 18; Transmitter] comprising:
`
`a generator (i.e. link layer)[refer Fig. 18; Transmitter Link Layer] which generates (i.e. structures)
`
`a frame (i.e. media processing unit (MPU))[paragraph 0123] for transfer in which one or more first
`
`internet protocol (IP) packets and one or more second IP packets are stored (the transmitter uses an IP
`
`packet and/or MPEG packets used in digital broadcast as an input signal and performs
`
`encapsulation)[paragraph 0503], the one or more first IP packets storing content (services and content
`
`are delivered using MMTP, which is a MPEG media transport protocol [paragraph 0118] operating on a
`
`lP multicast on a physical layer [paragraph 0121]), and each of the one or more second IP packets
`
`including reference clock information which indicates a time for playing back the content (clock relation
`
`information messages containing a clock related to an NTP timestamp can be delivered with MMTP
`
`messages in a session [paragraph 0302], broadcast streams deliver MMTP packets [paragraph 0308]);
`
`and
`
`a transmitter (i.e. physical layer)[refer Fig. 18; Transmitter Physical Layer] which transmits the
`
`generated frame through broadcasting (i.e. digital broadcast)[paragraph 0503], broadcasting includes
`
`attaching (i.e. encapsulating) to each of the one or more first IP packets and each of the one or more
`
`

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`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 4
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`second IP packets, a context identifier (i.e. context ID) indicating a preset fixed value (i.e. an 8-bit value)
`
`in accordance with a type of an IP data flow (i.e. stream)(|ink layer signaling can be encapsulated (i.e.
`
`attached) into a link layer packets carrying signaling information [paragraph 0415], link layer signaling
`
`including an 8-bit (i.e. preset fixed value) context ID field of a compressed IP stream [paragraph 0428],
`
`the context information is used to map to a corresponding stream (i.e. type of an IP data
`
`flow)[paragraph 0481]),
`
`the generator performs header compression on the one or more first IP packets (IP header
`
`compression can be performed in the link layer)[paragraph 0507].
`
`However K1 fails to disclose second reference clock information is stored in control information
`
`in a physical layer and the control information is transmitted.
`
`Y1 discloses that for transmission, information is transmitted as physical layer blocks that
`
`comprise of a delivery time stamp associated with some payloads and clock information characterizing
`
`the time setting of the clock of the transmitting station are sent to a receiving station in low level data
`
`units [paragraph 0005; ”Each piece may constitute a segment that is transmitted as a physical layer
`
`block. The invention may further comprise parity pieces derived from other pieces and capable of being
`
`used at a destination to recover one or more lost pieces at the destination without having to retransmit
`
`the lost pieces. Each piece may be transmitted as a physical layer block, and the parity pieces may also
`
`be transmitted as parity physical layer blocks. The physical layer blocks may be encoded using forward
`
`error correction. Some of the pieces making up a low level data unit may constitute retransmitted pieces
`
`that failed to be correctly transmitted in an earlier attempt. At least some retransmitted pieces may be
`
`transmitted with greater forward error correction. Each sub-frame may further comprise a delivery time
`
`stamp associated with at least some payloads. Clock information characterizing the time setting of a
`
`clock in a transmitting station may be transmitted to a receiving station within a header of the low level
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 5
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`data units, and the clock information may be used by the receiving station along with the delivery time
`
`stamps to establish the time at which payloads are delivered.”].
`
`It would have been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of K1 to allow for time stamps and clock information to
`
`be transmitted via physical layer blocks to a receiving station to establish times as taught by Y1. One
`
`would be motivated to do so to provide better guarantees on bandwidth, latency and jitter for traffic
`
`streams of the higher layers [refer Y1; paragraph 0003].
`
`However K1 does not disclose that the generator does not perform the header compression on
`
`the one or more second IP packets.
`
`ARIB discloses that for an IP packet used for carrying MMTP payloads [refer page 2; ”The codes
`
`of the video and audio signals of a broadcast program shall be in MFU/M PU format, stored into an MMT
`
`protocol (MMTP) payload for MMTP packetization and transferred in an IP packet.”], the IP packet can
`
`be compressed and transferred in an TLV packet format [refer page 3; ”An IP packet or header-
`
`compressed lP packet is transferred in an TLV packet (ARIB STD-B32)”], and IP packets transferring an
`
`NTP format are transferred in a TLV format, however lP header compression are not performed [refer
`
`page 4; ”Moreover, when an IP packet including NTP format is transferred in a TLV format, lP header
`
`compression shall not be performed.”].
`
`It would have been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of K1 for providing header compression on packets [refer
`
`K1; paragraph 0507] and transmitting clock relation information messages containing a clock related to
`
`an NTP timestamp delivered with MMTP messages in a session [refer K1; paragraph 0302] to explicitly
`
`perform header compression on one set of MMTP messages while not performing header compression
`
`on messages comprising NTP information as taught by ARIB. One would be motivated to do so to
`
`

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`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 6
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`provide the use of a known standard, such as that disclosed by ARIB, for providing broadcast
`
`communications to a known system for handling such communications to yield predictable results.
`
`Regarding claims 2 and 8, K1 teaches the header compression includes: (i) attaching, to a part of the one
`
`or more first IP packets, a full header which includes specification information for specifying an IP data
`
`flow to which the one or more first IP packets belong (IP packets have a fixed header format that has
`
`information which is needed in a communication environment (i.e. specifying IP data flow))[paragraph
`
`0315]; and
`
`(ii) attaching, to a first IP packet other than the part of the one or more first IP packets, a
`
`compressed header which does not include the specification information (for redundant information,
`
`the link layer protocol provides mechanisms to reduce broadcast overhead by providing sync byte
`
`removal, null packet deletion and/or common header removal)[paragraph 0315].
`
`Regarding claims 3 and 9, K1 teaches the reference clock information complies with a network time
`
`protocol (NTP) [paragraph 0302].
`
`Regarding claims 4 and 10, K1 teaches the content is stored in an MPEG media transport (MMT) packet
`
`in each of the one or more first IP packets (services and content are delivered using MMTP, which is a
`
`MPEG media transport protocol [paragraph 0118] operating on a IP multicast on a physical layer
`
`[paragraph 0121]).
`
`Regarding claims 7 and 14, K1 teaches a reception apparatus [refer Fig. 18; Receiver] comprising: a
`
`receiver [refer Fig. 18; Receiver Physical Layer] which receives, through broadcasting [paragraph 0503], a
`
`frame for transfer (i.e. media processing unit (MPU))[paragraph 0123] in which one or more internet
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 7
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`protocol (IP) packets are stored [paragraph 0504], the one or more IP packets storing content (services
`
`and content are delivered using MMTP, which is a MPEG media transport protocol [paragraph 0118]
`
`operating on a IP multicast on a physical layer [paragraph 0121]) and including: one or more first IP
`
`packets whose headers have been compressed (the receiver receives and restores data and signaling
`
`received from the transmitter [paragraph 0504], IP header compression can be performed in the link
`
`layer by the transmitter [paragraph 0507]); and
`
`one or more second IP packets, each of the one or more second IP packets including reference
`
`clock information which indicates a time for playing back the content (the receiver receives and restores
`
`data and signaling received from the transmitter [paragraph 0504], clock relation information messages
`
`containing a clock related to an NTP timestamp can be delivered with MMTP messages in a session
`
`[paragraph 0302], broadcast streams deliver MMTP packets [paragraph 0308]);
`
`a determiner (i.e. link layer)[refer Fig. 18; Receiver Link Layer] which determines whether each
`
`of the one or more IP packets that are received is the first IP packet or the second IP packet [paragraph
`
`0504], and a type of an IP data flow (i.e. stream) according to a preset fixed value indicating in a context
`
`identifier attached to each of the one or more first IP packets and each of the one or more second IP
`
`packets (link layer signaling can be encapsulated (i.e. attached) into a link layer packets carrying
`
`signaling information [paragraph 0415], link layer signaling including an 8-bit (i.e. preset fixed value)
`
`context ID field of a compressed IP stream [paragraph 0428], the context information is used to map to
`
`a corresponding stream (i.e. type of an IP data flow)at a receiver [paragraph 0481]); and
`
`a playback unit (i.e. television)[paragraph 0115] which plays back the content stored in the one
`
`or more first IP packets (the receiver receives data and signaling to be processed [paragraph 0530], the
`
`digital broadcasting is presented to a user [paragraph 0486]), using the reference clock information
`
`stored in the each of the one or more second IP packets, based on a result of the determination
`
`[paragraph 0302].
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 8
`
`However K1 fails to disclose second reference clock information is stored in control information
`
`in a physical layer and the control information is received.
`
`Y1 discloses that for transmission, information is transmitted as physical layer blocks that
`
`comprise of a delivery time stamp associated with some payloads and clock information characterizing
`
`the time setting of the clock of the transmitting station are sent to a receiving station in low level data
`
`units [paragraph 0005; ”Each piece may constitute a segment that is transmitted as a physical layer
`
`block. The invention may further comprise parity pieces derived from other pieces and capable of being
`
`used at a destination to recover one or more lost pieces at the destination without having to retransmit
`
`the lost pieces. Each piece may be transmitted as a physical layer block, and the parity pieces may also
`
`be transmitted as parity physical layer blocks. The physical layer blocks may be encoded using forward
`
`error correction. Some of the pieces making up a low level data unit may constitute retransmitted pieces
`
`that failed to be correctly transmitted in an earlier attempt. At least some retransmitted pieces may be
`
`transmitted with greater forward error correction. Each sub-frame may further comprise a delivery time
`
`stamp associated with at least some payloads. Clock information characterizing the time setting of a
`
`clock in a transmitting station may be transmitted to a receiving station within a header of the low level
`
`data units, and the clock information may be used by the receiving station along with the delivery time
`
`stamps to establish the time at which payloads are delivered.”].
`
`It would have been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of K1 to allow for time stamps and clock information to
`
`be transmitted via physical layer blocks to a receiving station to establish times as taught by Y1. One
`
`would be motivated to do so to provide better guarantees on bandwidth, latency and jitter for traffic
`
`streams of the higher layers [refer Y1; paragraph 0003].
`
`However K1 does not disclose receiving one or more second IP packets whose headers have not
`
`been compressed and determining whether each of the one or more IP packets that are received is the
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 9
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`first IP packet or the second IP packet based on whether or not a header of the IP packet has been
`
`compressed.
`
`ARIB discloses that for an IP packet used for carrying MMTP payloads [refer page 2; ”The codes
`
`of the video and audio signals of a broadcast program shall be in MFU/MPU format, stored into an MMT
`
`protocol (MMTP) payload for MMTP packetization and transferred in an IP packet.”], the IP packet can
`
`be compressed and transferred in an TLV packet format [refer page 3; ”An IP packet or header-
`
`compressed IP packet is transferred in an TLV packet (ARIB STD-332)”], and IP packets transferring an
`
`NTP format are transferred in a TLV format, however IP header compression are not performed [refer
`
`page 4; ”Moreover, when an IP packet including NTP format is transferred in a TLV format, IP header
`
`compression shall not be performed.”].
`
`It would have been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of K1 for providing header compression on packets [refer
`
`K1; paragraph 0507] and the transmission of clock relation information messages containing a clock
`
`related to an NTP timestamp delivered with MMTP messages in a session [refer K1; paragraph 0302] to
`
`explicitly allow for header compression on one set of MMTP messages while not performing header
`
`compression on messages comprising NTP information as taught by ARIB. By doing so, compressed data
`
`would be seen as one type, while uncompressed data would be of another. One would be motivated to
`
`do so to provide the use of a known standard, such as that disclosed by ARIB, for providing broadcast
`
`communications to a known system for handling such communications to yield predictable results.
`
`Claims 5,6,11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over K1 in view of
`
`Y1 in further view of ARIB, as applied to claims 1 and 7, as applied above, in further view of Vare et al.
`
`(US Pub. 2007/0268874)(V1 hereafter).
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 10
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`Regarding claims 5 and 11, K1 teaches the frame includes one or more second transfer units (i.e. media
`
`processing units (M PUs))[paragraph 0118], each of the one or more second transfer units includes one
`
`or more first transfer units, and each of the one or more first transfer units includes one of: the one or
`
`more first IP packets and the one or more second IP packet [paragraph 0123].
`
`However K1 does not disclose that the one or more second transfer units each having a fixed
`
`length.
`
`V1 discloses that digital video broadcast (DVB) streams deliver compressed audio and video and
`
`data to a user via transport streams in which the stream is packetized with fixed length packets to carry
`
`different elements of a particular program, video and audio [paragraph 0044].
`
`It would have been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of K1 for providing digital broadcasting to packetize the
`
`transport streams into fixed length packets as taught by V1. One would be motivated to do so to
`
`provide the use of a known technique within digital broadcasting to yield predictable results.
`
`Regarding claims 6 and 12, K1 in view of ARIB teaches each of the one or more first transfer units is a
`
`type length value (TLV) packet [refer ARIB; page 3; ”An IP packet or header-compressed IP packet is
`
`transferred in an TLV packet (ARIB STD-B32)”].
`
`However K1 in view of ARIB do not expressly disclose each of the one or more second transfer
`
`units is a slot defined under a transmission system for advanced wide band satellite digital broadcasting,
`
`and the frame is a transfer slot defined under the transmission system for advanced wide band satellite
`
`digital broadcasting.
`
`V1 discloses that digital broadcast standards for broadband broadcast systems can utilize
`
`Integrated Services Digital Broadcasting-Terrestrial, Advanced Television Systems Committee, and other
`
`standards and techniques [paragraph 0037], such that that digital video broadcast (DVB) streams deliver
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 11
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`compressed audio and video and data to a user via transport streams in which the stream is packetized
`
`with fixed length packets to carry different elements of a particular program, video and audio
`
`[paragraph 0044].
`
`It would have been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of K1 for providing digital broadcasting to packetize the
`
`transport streams into fixed length packets using a digital broadcast standard known in the field as
`
`taught by V1. One would be motivated to do so to provide the use of a known technique within digital
`
`broadcasting to yield predictable results.
`
`Response to Arguments
`
`Applicant's arguments filed 11/14/2019 have been fully considered but they are not persuasive.
`
`Regarding the rejection of claims 1,7,13 and 14 under 35 U.S.C. 103, applicant argues that the
`
`applied reference does not teach the claim limitation ”each of the one or more second IP packets
`
`including first reference lock information which indicates a time for playing back the content” and the
`
`newly added claim limitation, namely, ”second reference clock information is stored in control
`
`information in a physical layer and the control information is transmitted,” as noted on pages 7-8 of the
`
`applicant’s arguments.
`
`In response to the above-mentioned argument, examiner respectively disagrees. Applicant
`
`argues that Kwon (K1 hereafter) cannot disclose the first reference clock information because K1
`
`discloses that the CRI message may not be delivered through the MMTP session [refer applicant’s
`
`arguments; page 7]. Examiner respectively disagrees. Based upon K1’s disclosure of the NTP time
`
`stamp that is within a CRI message, there is no clear indication that the CRI message is not delivered at
`
`all, noting that in a GIVEN embodiment (Le. a particular instance or variation), the CRI message may not
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 12
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`be delivered [K1; paragraph 0302]. K1 explicitly notes that the CRI is indeed an MMTP message that is
`
`delivered by the MMTP session [refer K1; paragraphs 0300-0302; ”Thefollowing MMTP messages can be
`
`delivered by the MMTP session signaled in the 5LT, if reguired”]. Applicant notes specific paragraphs
`
`within K1’s disclosure to argue this interpretation, however, it is not clear to what the applicant is
`
`intending on arguing with regards to whether or not a CRI message, which has been interpreted as being
`
`as one or more of a second IP packet containing first reference clock information as required by MPEP
`
`2111. The CRI message was cited as being one of the one or more second IP packets that comprises of
`
`the claimed first reference clock information [refer K1; paragraph 0302], examiner further noting that
`
`the MMTP packets are transmitted as part of a broadcast stream [refer K1; paragraph 0308].
`
`Regarding the claim limitation, namely, ”second reference clock information is stored in control
`
`information in a physical layer and the control information is transmitted,” examiner respectively directs
`
`the applicant to the new grounds of rejection in view of the teachings of Yonge et al. (Y1 hereafter), as
`
`noted in the above rejection.
`
`Examiner acknowledges that K1 fails to explicitly disclose second reference clock information
`
`that is stored in control information in a physical layer and the control information is transmitted.
`
`Examiner respectively directs the applicant to Y1, whom is cited for disclosing that for
`
`transmission, information is transmitted as physical layer blocks that comprise of a delivery time stamp
`
`associated with some payloads and clock information characterizing the time setting of the clock of the
`
`transmitting station are sent to a receiving station in low level data units [paragraph 0005; ”Each piece
`
`may constitute a segment that is transmitted as a physical layer block. The invention may further
`
`comprise parity pieces derived from other pieces and capable of being used at a destination to recover
`
`one or more lost pieces at the destination without having to retransmit the lost pieces. Each piece may
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`be transmitted as a physical layer block, and the parity pieces may also be transmitted as parity physical
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`layer blocks. The physical layer blocks may be encoded using forward error correction. Some of the pieces
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`

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`Application/Control Number: 15/618,803
`Art Unit: 2412
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`Page 13
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`making up a low level data unit may constitute retransmitted pieces that failed to be correctly
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`transmitted in an earlier attempt. At least some retransmitted pieces may be transmitted with greater
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`forward error correction. Each sub-frame may further comprise a delivery time stamp associated with at
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`least some payloads. Clock information characterizing the time setting of a clock in a transmitting station
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`may be transmitted to a receiving station within a header of the low level data units, and the clock
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`information may be used by the receiving station along with the delivery time stamps to establish the
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`time at which payloads are delivered.”]. Given the broadest reasonable interpretation of the claim
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`language, as required by MPEP 2111, second reference clock information stored in control information
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`in a physical layer can be seen as any type of low level data unit sent on a physical layer comprising of
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`timestamp and clock information that is transmitted and received on a network as taught by Y1.
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`Although the claims are interpreted in light of the specification, limitations from the specification are
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`not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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`Accordingly, examiner reasons that it would have been obvious to one of ordinary skill in the art
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`before the effective filing date of the claimed invention to modify the teachings of K1 to allow for time
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`stamps and clock information to be transmitted via physical layer blocks to a receiving station to
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`establish times as taught by Y1. One would be motivated to do so to provide better guarantees on
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`bandwidth, latency and jitter for traffic streams of the higher layers [refer Y1; paragraph 0003].
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to RYAN C KAVLESKI whose telephone number is (571)270-3619. The examiner can
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`normally be reached on M-F 6:30am-3pm.
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`

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`Application/Control Number: 15/618,803
`Art Unit: 2412
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`Page 14
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Ryan Kavleski
`/R.C.K/
`Examiner, Art Unit 2412
`
`/WALLI Z BU'IT/
`Examiner, Art Unit 2412
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`