`
`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
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`12/067,519
`
`03/20/2008
`
`Teruo Koukai
`
`MAT—10152US
`
`1819
`
`EXAMINER
`RATNERPRESTIA —
`10’1“)” —
`7590
`52473
`PO. BOX 980
`EDWARDS, JAMES A
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`2448
`
`MAIL DATE
`
`10/ 12/2012
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`12/067,519
`
`KOUKAI ET AL.
`
`Examiner
`JAMES EDWARDS
`
`Art Unit
`2448
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If 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)IZI Responsive to communication(s) filed on 08 February2011.
`
`2a)I:l This action is FINAL.
`
`2b)IZ| This action is non-final.
`
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)IZI Claim(s) 1-20 is/are pending in the application.
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`5a) Of the above claim(s) _ is/are withdrawn from consideration.
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`6)I:I Claim(s) _ is/are allowed.
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`7)|Zl Claim(s)_120 Is/are rejected.
`
`8)I:I Claim(s) _ is/are objected to.
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`9)I:l Claim(s) _ are subject to restriction and/or election requirement.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`11)|X| The drawing(s) filed on 20 March 2008 is/are: a)IZl accepted or b)I: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).
`
`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`13)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)lX| AII
`
`b)I:I Some * c)|:l None of:
`
`1.IZI Certified copies of the priority documents have been received.
`
`2.I:I Certified copies of the priority documents have been received in Application No. _
`
`3.|:I 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) X Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) El Information Disclosure Statement(s) (PTO/SB/OS)
`Paper No(s)/Mai| Date _.
`US. Patent and Trademark Office
`
`4) D Interview Summary (PTO-413)
`Paper N°(5 )/Mai| Date. _
`5)I:I Notice of Informal Patent Application
`)6|:| Other:
`
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20121008
`
`
`
`

`

`Application/Control Number: 12/067,519
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`Page 2
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`Art Unit: 2448
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`DETAILED ACTION
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`This communication is in response to the application and amendments filed on
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`3/20/2008 and RCE filed on 2/8/11.
`
`1.
`
`2.
`
`3.
`
`Claims 19-20 are newly added.
`
`Claims 1-20 are pending.
`
`Claims 1-20 are rejected.
`
`4.
`
`Applicant's arguments filed 1/17/11 have been fully considered but they are not
`
`Response to Arguments
`
`persuasive.
`
`Applicant states;
`
`5.
`
`"Applicants' invention, as recited by claim 1, includes features which are neither
`
`disclosed nor suggested by the art of record, namely":
`
`a: a home network HTTP server that relays packets between an internal
`
`communication device in the home network and an external communication device in an
`
`out-of-home network.
`
`Response: The Examiner disagrees. The combination of Kunz and ltoh teaches
`
`the a home network HTTP server(a network (Kunz-Fig. 1) HTTP server (server uses
`
`

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`Application/Control Number: 12/067,519
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`Page 3
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`Art Unit: 2448
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`HTTP) (Kunz-col. 3, lines 35-40; Fig. 1/12)), ltoh teaches in home network (para. 114)
`
`that relays packets between an internal Communication device in the home network and
`
`an external communication device in an out-of-home network, (ltoh further teaches
`
`connecting the home network to an outside network, where applications include video
`
`delivery such as Video on Demand which comes from an out of home network and
`
`delivered to the home network) (para. 114)
`
`b: wherein the internal communication device receives the speed measuring
`
`page from the home network HTTP server, and measures the data transmission speed
`
`between the router and the internal communication device.
`
`Response:
`
`ltoh teaches in home network (para. 114). Kunz teaches wherein the
`
`internal communication device receives the speed measuring page from the network
`
`HTTP server (server and router uses HTTP) (col. 3, lines 35-40; Fig. 1/12), and
`
`measures the data transmission speed based on the speed measuring page, (where the
`
`data is a web page and the test program is an applet for testing data, calculating and
`
`measuring rates) (col. 2, lines 48-63).
`
`6.
`
`Kunz, however, does not suggest an internal router that allows the client to
`
`determine the rate in the internal network (Kunz is only able to determine the data rate
`
`from the client device to the external network)
`
`Response: Kunz teaches determining the rate in a network between two devices,
`
`(determining a data transfer rate) (00/. 2, line 49-55). Thus, with the combination of ltoh,
`
`together they teach determining the rate within a home network between two devices.
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`

`

`Application/Control Number: 12/067,519
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`Page 4
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`Art Unit: 2448
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`7.
`
`Applicants' claim 1
`
`is different than the art of record because the client device
`
`utilizes a speed measuring page from the home network server in order to measure the
`
`transmission speed of the home network.
`
`Response: Kunz teaches determining the rate in a network between two devices,
`
`(determining a data transfer rate) (00/. 2, line 49-55). Thus, with the combination of ltoh,
`
`together they teach determining the rate within a home network between two devices.
`
`Claim Objections
`
`8.
`
`Claim 19 is objected to because of the following informalities: Claim 19 states,
`
`“connected to Q home network”. The Examiner interprets the Applicant to mean,
`
`"Connected to “a" home network. Appropriate correction is required.
`
`Claim Rejections - 35 USC § 103
`
`9.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or
`
`described as set forth in section 102 of this title, if the differences between the
`
`subject matter sought to be patented and the prior art are such that the subject
`
`matter as a whole would have been obvious at the time the invention was made to a
`
`person having ordinary skill in the art to which said subject matter pertains.
`
`Patentability shall not be negatived by the manner in which the invention was made.
`
`

`

`Application/Control Number: 12/067,519
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`Page 5
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`Art Unit: 2448
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`10.
`
`Claims 1-6, and 16 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Kunz (Kunz), US Patent No.: 6223221 in view of ltoh et al., (ltoh), US PGPub No.:
`
`20020194361.
`
`11.
`
`As per claim 1, Kunz teaches a router apparatus comprising:
`
`a network (Fig. 1) HTTP server (server uses HTTP) (col. 3, lines 35-40; Fig. 1/12) that
`
`relays packets between an internal communication device (client) (00/. 1, lines 9-15; 00/.
`
`3, lines 33-41; 00/. 7, lines 21 -23; Fig. 1/10) in the network (Fig. 1) and an external
`
`communication device (server) (Fig. 1) in an network (via WWW/internet) (col. 2, lines 60-
`
`67; 00/. 3, lines 24-36); and a storage device (database) (00/. 3, lines 30-35, 50-55; Fig.
`
`6/20) that is controlled by the network HTTP server (00/. 3, lines 30-35, 50-55; Fig. 6/20)
`
`and has a speed measuring page including information for measuring data transmission
`
`speed within the network (also see Java applet program) (00/ 2, lines 48-59, 60-62; 00/
`
`3, lines 24-41; 00/. 5, lines 24-27; Fig. 5A), wherein the internal communication device
`
`receives the speed measuring page from the network HTTP server (00/. 5, lines 25-37),
`
`and measures the data transmission speed (00/. 2, lines 48-54) based on the speed
`
`measuring page, (00/. 2, lines 48-54).
`
`Kunz does not specifically teach home network, and out of home network and
`
`measuring data transmission speed between the router and the internal communication
`
`device.
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`

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`Application/Control Number: 12/067,519
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`Page 6
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`Art Unit: 2448
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`However, ltoh teaches home network (para. 114), and out of home network
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`(para. 114) and measuring data transmission speed between the router and the internal
`
`communication device, (para. 115).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the measuring teachings of Kunz and ltoh in
`
`order to better identify network congestion and control transmission rates (para. 115)
`
`Within networks.
`
`12.
`
`As per claim 2, Kunz teaches a network trouble determining method (determine
`
`whether transfer rate is below threshold) (00/. 6, lines 30-38, 40-54; 00/2, lines 48-59,
`
`60-62; 00/3, lines 24-41; Fig.
`
`1 Fig. 58) comprising;
`
`a requesting step, by a terminal (client) (00/. 2, lines 55-60; 43-46) in the network (00/. 1,
`
`lines 9-15; 00/. 3, lines 33-41; 00/. 7, lines 21 -23; Fig. 1/10), of requesting a network
`
`apparatus (HTTP server) (00/. 3, lines 33-41; Fig. 1/12) to transmit a speed measuring
`
`page (00/. 5, lines 25-37), wherein the speed measuring page includes information for
`
`measuring data transmission speed (also see Java applet program) (00/ 2, lines 48-59,
`
`60-62; 00/3, lines 24-41; 00/. 5, lines 24-27; Fig. 5A) of the network; and
`
`a measuring step of measuring, by the terminal, a bit rate (00/. 2, lines 48-54) in the
`
`network between the apparatus and a terminal (00/. 2, lines 48-54) according to
`
`information in the speed measuring page (00/. 2, lines 48-54) transmitted from the
`
`apparatus responding to the request by the terminal (00/. 2, lines 55-60; 43-46), wherein
`
`the apparatus includes: an HTTP server (00/. 3, lines 33-41; Fig. 1/12) that monitors a
`
`

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`Application/Control Number: 12/067,519
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`Page 7
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`Art Unit: 2448
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`packet (measures the elapsed time) (00/ 2, lines 48-59, 60-62; 00/ 3, lines 24-41; Fig. 6)
`
`among a plurality of networks (via www/internet) (col. 2, lines 60-67; 00/. 3, lines 24-36),
`
`relays the packet | between the terminal in the network and another terminal in an
`
`network (via applet/program/test data) (Fig. 00/. 2, lines 60-63; 1/12; 2/120) based on
`
`information obtained from the packet (00/ 2, lines 48-59, 60-62; 00/ 3, lines 24-41; Fig.
`
`6), separates the network, monitors a transmission request from an HTTP client and
`
`transmits information to the HTTP client based on the transmission request (co/2, lines
`
`48-59, 60-62; 00/3, lines 24-41; Fig. 6); and a storage device(database) (col. 3, lines
`
`30-35, 50-55; Fig. 6/20) that is controlled by the HTTP server (00/. 3, lines 30-35, 50-55;
`
`Fig. 6/20) and has the speed measuring page including information for measuring data
`
`transmission speed (co/2, lines 48-59, 60-62; 00/3, lines 24-41), wherein the terminal is
`
`connected to the apparatus through the network.
`
`Kunz does not specifically teach terminal in a home network, measuring data
`
`transmission speed between the terminal and the router, router responding to request
`
`by the terminal, terminal in a home network and another terminal in an out of home
`
`network, separating the home network from the out of home network, and the terminal is
`
`connected to the router through the home network.
`
`However, Itoh teaches terminal in a home network, measuring data transmission
`
`speed between the terminal and the router, router responding to request by the
`
`terminal, terminal in a home network and another terminal in an out of home network,
`
`separating the home network from the out of home network, and the terminal is
`
`connected to the router through the home network, (para. 114, 115).
`
`

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`Application/Control Number: 12/067,519
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`Page 8
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`Art Unit: 2448
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the measuring teachings of Kunz and |toh in
`
`order to better identify network congestion and control transmission rates (para. 115)
`
`within networks.
`
`13.
`
`As per claim 3, Kunz teaches the network trouble determining method of claim 2,
`
`wherein the measuring step includes calculating a ratio of the number of bytes of set
`
`data to be read, to a time obtained by a difference time between completion of reading
`
`and starting of reading, (00/ 2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 7),
`
`14.
`
`As per claim 4, Kunz teaches the network trouble determining method of claim 2
`
`further comprising :a display step of displaying whether or not a trouble is present in a
`
`home network based on a result obtained in the measuring step, (00/. 6, lines 30-38, 40-
`
`54; 00/2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 1 Fig. 5B).
`
`15.
`
`As per claim 5, Kunz teaches the network trouble determining method of claim 2,
`
`further. comprising: an external requesting step of requesting a video distribution server
`
`(server/router) (col 2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 1) to transmit an
`
`external speed measuring page by the terminal
`
`(00/. 6, lines 30-38, 40-54; 00/2, lines
`
`48-59, 60-62; 00/3, lines 24-41; Fig. 1 Fig. SB); and an external measuring step of
`
`measuring a bit rate between the terminal and the video distribution server according to
`
`information in the external speed measuring page transmitted from the video distribution
`
`

`

`Application/Control Number: 12/067,519
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`Page 9
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`Art Unit: 2448
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`server to the terminal via the router apparatus (00/. 6, lines 30-38, 40-54; 00/2, lines
`
`48-59, 60-62; 00/ 3, lines 24-41; Fig. 1 Fig. SB) responding to the transmission request
`
`by the terminal, wherein the video distribution server includes: an external HTTP server
`
`(00/ 2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 6), and an external storage wherein
`
`the external HTTP server accumulates a screen to be presented to a user described in
`
`a given format in the external storage device (Fig. 4, SB; 00/5, lines 5-10), wherein the
`
`external storage device includes an external speed measuring page including
`
`information for measuring data transmission speed between the terminal and the video
`
`distribution server (00/ 2, lines 48-59, 60-62; 00/3, lines 24-41). Kunz teaches a video
`
`distribution server in an out of home network (network) (00/ 2, lines 20, 48-59, 60-62; 00/
`
`3, lines 24-41, 43-53; Fig. 1).
`
`Kunz does not specifically teach a home network. Thus, Kunz does not
`
`specifically teach wherein the out-of-home network connects to the home network.
`
`However, ltoh teaches home network (para. 114), and out of home network
`
`(para. 114; para. 115).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the measuring teachings of Kunz and ltoh in
`
`order to better identify network congestion and control transmission rates (para. 115)
`
`Within networks.
`
`16.
`
`As per claim 6, Kunz teaches the network trouble determining method of claim 5,
`
`further comprising: an external display step of displaying whether or not a trouble is
`
`

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`Application/Control Number: 12/067,519
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`Page 10
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`Art Unit: 2448
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`present in the out- of-home network based on a result obtained in the external
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`measuring step, (00/. 6, lines 30-38, 40-54; 00/2, lines 48-59, 60-62; 00/3, lines 24-41;
`
`Fig. 1 Fig. 5B).
`
`17.
`
`As per claim 16, Kunz teaches the network trouble determining method of claim
`
`3, further comprising: a display step of displaying whether or not a trouble is present in
`
`the home network based on a result obtained in the measuring step, (00/. 6, lines 30-38,
`
`40-54; 00/2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 1 Fig. 5B).
`
`18.
`
`Claims 7-8, 10-11, 13-15, and 17-18 are rejected under 35 U.S.C. 103(a) as
`
`being unpatentable over Kunz (Kunz), US Patent No.: 6223221 in view of ltoh et al.,
`
`(ltoh), US PGPub No.: 20020194361, and further in view of Hoguta et al., (Hoguta), US
`
`Patent 6725303.
`
`19.
`
`As per claim 7, Kunz teaches the router apparatus including:
`
`an HTTP server (00/ 2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 6) that monitors a
`
`packet (00/. 6, lines 30-38, 40-54; 00/2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 1 Fig.
`
`58) among a plurality of networks (00/. 3, lines 24-36), relays the packet based on
`
`information obtained from the packet (00/. 6, lines 30-38, 40-54; 00/2, lines 48-59, 60-
`
`62; 00/3, lines 24-41; Fig. 1 Fig. 5B), monitors a transmission request from an HTTP
`
`client provided in a terminal and transmits information to the HTTP client based on the
`
`transmission request (00/ 2, lines 48-59, 60-62); and a storage device that is controlled
`
`

`

`Application/Control Number: 12/067,519
`
`Page 11
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`Art Unit: 2448
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`by the HTTP server and has a speed measuring page including information for
`
`measuring data transmission speed (00/ 2, lines 48-59, 60-62; 00/ 3, lines 24-41). Kunz
`
`teaches measuring data transmission speed between client with browser (00/ 2, lines
`
`48-59, 60-62; 00/3, lines 24-41; Fig. 1) and a server (router apparatus) based on a
`
`measuring procedure described in the speed measuring page (00/ 2, lines 48-59, 60-62)
`
`including information for measuring data transmission speed between the client and the
`
`router apparatus, which is obtained based on the transmission request from the router
`
`apparatus (00/ 2, lines 48-59, 60-62; 00/ 3, lines 24-41; Fig. 1).
`
`Kunz does not specifically teach digital television which is one of terminals
`
`included in a home network comprising an input unit as a user interface, relays the
`
`packet between the digital television set in the home network and an external terminal in
`
`an out-of-home network, separates the home network from the out of home network,
`
`digital TV, measuring data transmission speed in the home network between the digital
`
`television set and the router.
`
`However ltoh teaches television which is one of terminals included in a home
`
`network comprising an input unit (video on demand) (para. 117, 160) as a user
`
`interface, relays the packet between terminals (para. 114, 115) in the home network and
`
`an external terminal in an out-of-home network (para. 114, 115), separates (via home
`
`gateway) (para. 114) the home network from the out of home network, (para. 114, 115),
`
`measuring data transmission speed in the home network between the terminal and the
`
`router, (para.
`
`1 15).
`
`

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`Application/Control Number: 12/067,519
`
`Page 12
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`Art Unit: 2448
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`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the measuring techniques of Kunz and ltoh to
`
`enhance the inventions capability and transmission rate control for the associated
`
`network devices, (para. 160, ltoh).
`
`The combination of Kunz and ltoh do not specifically teach that the digital
`
`television set can be a terminal in the home network.
`
`However Hoguta teaches that the digital television set can be a terminal in the
`
`home network, (00/. 6, lines 5-10; 00/. 1, lines 40-50; 00/. 2, lines 13-21).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the link customizations/transmission teachings
`
`of Hoguta (col. 6, lines 37-47) with the combination of Kunz and ltoh in order to enhance
`
`the invention to include digital TV terminals in the home network in order to take
`
`advantage of their high speed links.
`
`20.
`
`As per claim 8, Kunz teaches: a display unit that displays whether or not trouble
`
`is present in the network based on the data transmission speed between the browser
`
`and the router apparatus, (where the transfer rate (transmission speed) is compared to
`
`thresholds. If a rate is below a threshold (“trouble is present’Q only HTML which includes
`
`text is displayed (hence display unit); with no reference to graphics, other applets, audio
`
`files or video files) (00/. 6, lines 30-38, 40-54; 00/2, lines 48-59, 60-62; 00/3, lines 24-
`
`41; Fig.
`
`1 Fig. 5B).
`
`

`

`Application/Control Number: 12/067,519
`
`Page 13
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`Art Unit: 2448
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`Kunz does not specifically teach the digital television set of claim 7, or a home
`
`network. Kunz does not specifically teach measuring data transmission speed in the
`
`home network between the digital television set and the router apparatus.
`
`However, ltoh teaches measuring data transmission speed in the home network
`
`between the terminal and the router, (para. 115).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the measuring techniques of Kunz and ltoh to
`
`enhance the inventions capability and transmission rate control for the associated
`
`network devices, (para. 160, ltoh).
`
`The combination of Kunz and ltoh do not specifically teach that the digital
`
`television set can be a terminal in the home network.
`
`However Hoguta teaches that the digital television set can be a terminal in the
`
`home network, (00/. 6, lines 5-10; 00/. 1, lines 40-50; 00/. 2, lines 13-21).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the link customizations/transmission teachings
`
`of Hoguta (col. 6, lines 37-47) with the combination of Kunz and ltoh in order to enhance
`
`the invention to include digital TV terminals in the home network in order to take
`
`advantage of their high speed links.
`
`21.
`
`As per claim 10, Kunz teaches wherein the browser measures data transmission
`
`speed between the browser and a video distribution server (server/router) (col 2, lines
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`20, 48-59, 60-62; 00/3, lines 24-41, 43-53; Fig. 1) based on a measuring procedure
`
`

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`Application/Control Number: 12/067,519
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`Page 14
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`Art Unit: 2448
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`described in an external speed measuring page (00/ 2, lines 48-59, 60-62) obtained
`
`from the video distribution server via the router apparatus (00/ 2, lines 48-59, 60-62; 00/
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`3, lines 24-41), wherein the out-of-home network connected to the home network further
`
`includes the video distribution server (00/ 2, lines 48-59, 60-62; 00/3, lines 24-41; Fig.
`
`1), the video distribution server including: an external HTTP server (co/2, lines 48-59,
`
`60-62; 00/3, lines 24-41; Fig. 6); and an external storage device that is controlled by the
`
`external HTTP server and has the external speed measuring page including information
`
`for measuring data transmission speed (00/ 2, lines 48-59, 60-62; 00/3, lines 24-41)
`
`between the digital television set and the video distribution server. Kunz discloses a
`
`web browser (Fig. 1/17).
`
`Kunz does not specifically teach digital television set of claim 7 which has a
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`browser.
`
`The combination of Kunz and ltoh do not specifically teach that the digital
`
`television set can be a terminal in the home network.
`
`However Hoguta teaches that the digital television set can be a terminal in the
`
`home network, (00/. 6, lines 5-10; 00/. 1, lines 40-50; 00/. 2, lines 13-21).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the link customizations/transmission teachings
`
`of Hoguta (col. 6, lines 37-47) with the combination of Kunz and ltoh in order to enhance
`
`the invention to include digital TV terminals in the home network in order to take
`
`advantage of their high speed links.
`
`

`

`Application/Control Number: 12/067,519
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`Page 15
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`Art Unit: 2448
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`22.
`
`As per claim 11, Kunz teaches: a display unit that displays whether or not trouble
`
`is present in the out-of-home network based on the data transmission speed between
`
`the browser and the router apparatus, (where the transfer rate (transmission speed) is
`
`compared to thresholds. If a rate is below a threshold (“trouble is present”) only HTML
`
`which includes text is displayed (hence display unit); with no reference to graphics,
`
`other applets, audio files or video files) (00/. 6, lines 30-38, 40-54; 00/2, lines 48-59, 60-
`
`62; col 3, lines 24-41; Fig. 1 Fig. 5B). Kunz teaches the video distribution server (co/2,
`
`lines 20, 48-59, 60-62; col 3, lines 24-41, 43-53; Fig. 1).
`
`Kunz does not specifically teach the digital television set of claim 10.
`
`The combination of Kunz and ltoh do not specifically teach that the digital
`
`television set can be a terminal in the home network.
`
`However Hoguta teaches that the digital television set can be a terminal in the
`
`home network, (00/. 6, lines 5-10; col. 1, lines 40-50; col. 2, lines 1321).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the link customizations/transmission teachings
`
`of Hoguta (col. 6, lines 37-47) with the combination of Kunz and ltoh in order to enhance
`
`the invention to include digital TV terminals in the home network in order to take
`
`advantage of their high speed links.
`
`23.
`
`As per claim 13, Kunz teaches the router apparatus (col 3, lines 24-41). Kunz
`
`does not specifically teach the digital television set of claim 7.
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`

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`Application/Control Number: 12/067,519
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`Page 16
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`Art Unit: 2448
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`The combination of Kunz and ltoh do not specifically teach that the digital
`
`television set can be a terminal in the home network.
`
`However Hoguta teaches that the digital television set can be a terminal in the
`
`home network, (00/. 6, lines 5-10; 00/. 1, lines 40-50; 00/. 2, lines 13-21).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the link customizations/transmission teachings
`
`of Hoguta (col. 6, lines 37-47) with the combination of Kunz and ltoh in order to enhance
`
`the invention to include digital TV terminals in the home network in order to take
`
`advantage of their high speed links.
`
`24.
`
`As per claim 14, Kunz substantially teaches the network trouble determining
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`method of claim 2, wherein there is a terminal (client with browser) (Fig. 1/10), wherein
`
`the requesting step includes requesting the router apparatus to transmit the speed
`
`measuring page (00/ 2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 1, 2) by the
`
`client/browser, wherein the measuring step includes measuring a bit rate between the
`
`router apparatus and the client/browser (col 2, lines 48-59, 60-62; 00/3, lines 24-41;
`
`Fig. 1) according to information in the speed measuring page transmitted from the
`
`router apparatus responding to the request. Kunz teaches a browser with the client.
`
`Kunz does not specifically teach the terminal is a digital television set.
`
`The combination of Kunz and ltoh do not specifically teach that the digital
`
`television set can be a terminal.
`
`

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`Application/Control Number: 12/067,519
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`Page 17
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`Art Unit: 2448
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`However Hoguta teaches that the digital television set can be a terminal in the
`
`home network, (00/. 6, lines 5-10; 00/. 1, lines 40-50; 00/. 2, lines 13-21).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the link customizations/transmission teachings
`
`of Hoguta (col. 6, lines 37-47) with the combination of Kunz and ltoh in order to enhance
`
`the invention to include digital TV terminals in the home network in order to take
`
`advantage of their high speed links.
`
`25.
`
`As per claim 15, Kunz teaches the network trouble determining method of claim
`
`14, further comprising: a display step of displaying whether or not a trouble is present in
`
`the home network based on a result obtained in the measuring step, (00/. 6, lines 30-38,
`
`40-54; 00/2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 1 Fig. 5B).
`
`26.
`
`As per claim 17, Kunz substantially teaches the network trouble determining
`
`method of claim 5, wherein there is a terminal (client with browser) (Fig. 1/10), wherein
`
`the requesting step includes requesting the video distribution server (server/router) (col
`
`2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 1) to transmit the speed measuring page
`
`(00/ 2, lines 48-59, 60-62; 00/3, lines 24-41; Fig. 1, 2) by the client/browser, wherein the
`
`measuring step includes measuring a bit rate between the client/browser (col 2, lines
`
`48-59, 60-62; 00/3, lines 24-41; Fig. 1) and the video distribution server according to
`
`information in the speed measuring page transmitted from the video distribution server
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`

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`Application/Control Number: 12/067,519
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`Page 18
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`Art Unit: 2448
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`to the client/browser via the router apparatus responding to the request (00/ 2, lines 48-
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`59, 60-62; 00/3, lines 24-41; Fig. 1). Kunz teaches a browser with the client.
`
`Kunz does not specifically teach the terminal is a digital television set.
`
`The combination of Kunz and ltoh do not specifically teach that the digital
`
`television set can be a terminal.
`
`However Hoguta teaches that the digital television set can be a terminal in the
`
`home network, (00/. 6, lines 5-10; 00/. 1, lines 40-50; 00/. 2, lines 13-21).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the link customizations/transmission teachings
`
`of Hoguta (col. 6, lines 37-47) with the combination of Kunz and ltoh in order to enhance
`
`the invention to include digital TV terminals in the home network in order to take
`
`advantage of their high speed links.
`
`27.
`
`As per claim 18, Kunz teaches the network trouble determining method of claim
`
`17, further comprising: an external display step of displaying whether or not a trouble is
`
`present in the out-of- home network based on a result obtained in the external
`
`measuring step, (00/. 6, lines 30-38, 40-54; 00/2, lines 48-59, 60-62; 00/3, lines 24-41;
`
`Fig. 1 Fig. 58).
`
`Kunz does not specifically teach the digital television set. The combination of
`
`Kunz and ltoh do not specifically teach that the digital television set can be a terminal in
`
`the home network.
`
`

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`Application/Control Number: 12/067,519
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`Page 19
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`Art Unit: 2448
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`However Hoguta teaches that the digital television set can be a terminal in the
`
`home network, (00/. 6, lines 5-10; 00/. 1, lines 40-50; 00/. 2, lines 13-21).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to combine the link customizations/transmission teachings
`
`of Hoguta (col. 6, lines 37-47) with the combination of Kunz and ltoh in order to enhance
`
`the invention to include digital TV terminals in the home network in order to take
`
`advantage of their high speed links.
`
`28.
`
`Claims 9 and 12 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Kunz (Kunz), US Patent No.: 6223221 in view of ltoh et al., (ltoh), US PGPub No.:
`
`20020194361, in view of Hoguta et al., (Hoguta), US Patent 6725303, and further in
`
`view of Morris et al., (Morris), US PGPub No.: 20090067328.
`
`29.
`
`As per claim 9, Kunz teaches a speed measuring button at lease at one of a front
`
`panel, a command acceptance screen of the browser (00/ 2, lines 48-59, 60-62; 00/3,
`
`lines 24-41; 00/ 1, lines 65-67; 00/. 4, lines 30-40; Fig. 1).
`
`Kunz does not specifically teach the digital television set of claim 7 and a remote
`
`controller of the digital television set.
`
`The combination of Kunz and ltoh do not specifically t