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
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`16/047,642
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`07/27/2018
`
`Noritaka IGUCHI
`
`2018-1188
`
`8644
`
`12/17/2019
`- 759°
`”5044
`Wenderoth, L1nd & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
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`Washington DC 20036
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`SINKANTARAKORN'PAWARIS
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`2464
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`12/17/2019
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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 @ wenderothcom
`
`PTOL-90A (Rev. 04/07)
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`

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`017/09 A0170” Summary
`
`Application No.
`16/047,642
`Examiner
`Pawaris Sinkantarakorn
`
`Applicant(s)
`IGUCHI et al.
`Art Unit
`2464
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`AIA (FITF) Status
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`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 12/04/2019.
`CI 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) D 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 Expade 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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`
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`Claim(ss)4is/are allowed.
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`Claim(ss) 1 —3 and 5—7 is/are rejected.
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`[:1 Claim(ss_) is/are objected to.
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`) ) ) )
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`S)
`are subject to restriction and/or election requirement
`C] Claim(s
`* If any claims have been determined allowable, 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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`httpfiwww.”smogovmatentszinit_events[pph[index.'sp or send an inquiry to PPeredhack@g§ptg.ggv.
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`Application Papers
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`10):] The specification is objected to by the Examiner.
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`is/are: a)[:| accepted or b)D 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).
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`Priority under 35 U.S.C. § 119
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`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)i:i All
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`b)C] Some**
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`c)C] None of the:
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`11:] 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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`SD 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) [3 Notice of References Cited (PTO-892)
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`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
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`3) E] 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 20191211
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`

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`Application/Control Number: 16/047,642
`Art Unit: 2464
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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, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`Response to Arguments
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`2.
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`Applicant's arguments filed December 4, 2019 have been fully considered but they are
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`not persuasive.
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`On page 5 ofthe Remarks, the applicant submits that Shuichi does not disclose or
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`suggest that the clock information is outside the IP packet.
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`In response to the argument above, the examiner respectfully disagrees. Shuichi
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`discloses reading a specified amount of IP packets from a buffer, encapsulates them to a TLV
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`packet, and outputs the TLV packet which does not include clock information to the frame
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`formation part (see at least paragraph [0040]), where the frame formation part forms a frame
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`by storing the TLV packet in the slot and storing a delaying amount in the slot header (see at
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`least paragraph [0041]). The examiner respectfully submits that the slot header is outside ofthe
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`IP packets. Thus, Shuichi discloses or suggests that the clock information is outside the IP
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`packet.
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`In view of the reasons above, the examiner respectfully submits that the rejections
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`under 35 U.S.C. §102(a)(1) and 35 U.S.C. §103 of claims 1—3 and 5—7 should be maintained.
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`Claim Rejections - 35 USC § 102
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`

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`Application/Control Number: 16/047,642
`Art Unit: 2464
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`Page 3
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`3.
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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 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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`4.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form
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`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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale
`or otherwise available to the public before the effective filing date of the claimed invention.
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`5.
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`Claims 1—3, 6, and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
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`Shuichi et al. (JP 2011—103568, cited in 07/27/2018 IDS).
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`Regarding claims 1 and 7, Shuichi discloses or suggests a transmission method and a
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`transmission apparatus comprising:
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`generation circuitry which, in operation, generates one or more frames (see at least
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`paragraphs 26, 27, and 41, generating a frame for streaming service of contents); and
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`transmission circuitry which, in operation, transmits the one or more frames (see at
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`least paragraphs 26 and 27, the transmitting device transmits the frame to the receiving set),
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`where each of the one or more frames contains, outside an IP packet, one or more first
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`transfer units (see at least paragraphs 26, 27, 40, and 41, generating a frame including a slot,
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`where the frame formation part forms a frame by storing the TLV packet in the slot and storing
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`a delaying amount in the slot header, which is outside an IP packet),
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`

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`Application/Control Number: 16/047,642
`Art Unit: 2464
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`Page 4
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`each ofthe one or more first transfer units contains one or more second transfer unit
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`(see at least paragraphs 26, 27, and 41, a slot includes a TLV packet),
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`each ofthe one or more frames contains first control information including control
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`information regarding the one or more first transfer units (see at least paragraphs 31, 50, 56,
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`59, and 60, the delaying amount is stored in the slot header of the slot),
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`each ofthe one or more frames contains second control information including
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`information indicating whether or not the first control information includes reference clock
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`information (see at least paragraphs 31, 56, 59, and 60, 4 bits indicating whether a delaying
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`amount exists in the slot header),
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`the first control information includes the reference clock information in the case where
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`the information indicating whether or not the first control information includes the reference
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`clock information indicates that the first control information includes the reference clock
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`information (see at least paragraphs 31, 50, 56, 59, and 60, the delaying amount is stored in the
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`slot header ofthe slot), and
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`the first control information includes information indicating a head position of the one
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`or more second transfer units in each ofthe one or more first transfer units (see at least
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`paragraph 43, head TLV instruction indicates a head position of the slot from the start of a TLV
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`packet);
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`regarding claim 2, each of the one or more first transfer units is a fixed—length transfer
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`unit (see at least paragraph 41), and
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`each of the one or more second transfer units is a variable—length transfer unit (see at
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`least paragraph 27);
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`

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`Application/Control Number: 16/047,642
`Art Unit: 2464
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`Page 5
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`regarding claim 3, the one or more first transfer units are one or more slots (see at least
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`paragraphs 26, 27, and 41, a frame including a slot), and
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`the one or more second transfer units are one or more Type Length Value (TLV) packets
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`(see at least paragraphs 26, 27, and 41, a frame including a TLV packet);
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`regarding claim 6, in transmitting, the one or more frames are transmitted in a
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`predetermined transmission cycle (see at least paragraphs 26 and 27, streaming service of
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`contents in a predetermined transmission cycle in accordance with the advance BS digital
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`broadcasting scheme).
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`Claim Rejections - 35 USC § 103
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`6.
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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 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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`7.
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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.
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`

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`Application/Control Number: 16/047,642
`Art Unit: 2464
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`Page 6
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`8.
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`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Shuichi et al. (JP
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`2011—103568, cited in 07/27/2018 IDS) in view of Sull et al. (US 2006/0064716, cited in
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`07/27/2018 IDS).
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`Regarding claim 5, Shuichi discloses that the reference clock information is a PCR (see at
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`least paragraphs 26, 27, and 94). However, Shuichi does not explicitly disclose that the
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`reference clock information is a Network Time Protocol (NTP) but Sull, from the same or similar
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`fields of endeavor, discloses that NTP and PCR are alternatives for providing time information
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`(see at least paragraph 169).
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`Thus, it would have been obvious to one of ordinary skill in the art before the effective
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`filing date of the invention to replace the PCR of Shuichi with the well—known NTP as clock
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`information because one of ordinary skill in the art would have been able to carry out such a
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`substitution and the results would have been reasonably predictable.
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`9.
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`Claim 4 is allowed.
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`Allowable Subject Matter
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`Conclusion
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`10.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as
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`set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS
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`from the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of
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`the mailing date of this final action and the advisory action is not mailed until after the end of
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`

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`Application/Control Number: 16/047,642
`Art Unit: 2464
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`Page 7
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`the THREE—MONTH shortened statutory period, then the shortened statutory period will expire
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`on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a)
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`will be calculated from the mailing date of the advisory action.
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`In no event, however, will the
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`statutory period for reply expire later than SIX MONTHS from the mailing date of this final
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`action.
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`11.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Pawaris Sinkantarakorn whose telephone number is (571)270—
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`1424. The examiner can normally be reached on Monday—Friday 10:00am—3:00pm.
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`Examiner interviews are available via telephone, in—person, and video conferencing
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`using a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Ricky Ngo can be reached on 571—272—3139. 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 Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private
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`PAIR system, contact the Electronic Business Center (EBC) at 866—217—9197(toll—free). If you
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`

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`Application/Control Number: 16/047,642
`Art Unit: 2464
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`Page 8
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`would like assistance from a USPTO Customer Service Representative or access to the
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`automated information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/PAO SINKANTARAKORN/
`
`Primary Examiner, Art Unit 2464
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`12/11/2019
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`