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`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.
`
`12/867, 121
`
`08/11/2010
`
`Takashi Umeda
`
`MAT— 103 92US
`
`7758
`
`52473
`7590
`mm
`W
`RATNERPRESTIA —
`PO. BOX 980
`TRAN, PABLON
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`2649
`
`MAIL DATE
`
`12/28/2012
`
`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)
`
`
` 12/867,121 UMEDA ET AL.
`Examiner
`Art Unit
`PABLO TRAN
`2649
`
`-- 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 CFR 1.136(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 10 Sthember 2012.
`
`2a)IZI This action is FINAL.
`
`2b)|:l 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
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:l 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)|Zl Claim(s) 1-16is/are pending in the application.
`
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`
`6)I:l Claim(s) _ is/are allowed.
`
`7)|Xl Claim(s) 1-_16 is/are rejected.
`
`8)I:l Claim(s) _ is/are objected to.
`
`
`9)I:I Claim((s)
`
`are subject to restriction and/or election requirement.
`
`* If any claims have been determined allowable, 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
`
`httn:,I/www usntq. quwua'ertslanr events/
`h/Indexis or send an inquiry to PPeredback us Emmi.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)|:| All
`
`b)|:l Some * c)I:I None of:
`
`1.I:I Certified copies of the priority documents have been received.
`
`2.|:l Certified copies of the priority documents have been received in Application No. _
`
`3.I: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) I] Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`
`3) I] Interview Summary (PTO-413)
`Paper No(s)/Mai| Date.
`4) D Other:
`
`PTOL-326 (Rev. 09-12)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20121217
`
`

`

`Application/Control Number: 12/867,121
`
`Page 2
`
`Art Unit: 2649
`
`DETAILED ACTION
`
`Claim Rejections - 35 USC § 102
`
`1.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
`
`2.
`
`Claims 1-3 and 6-9 are rejected under 35 U.S.C. 102(b) as being anticipated by
`
`Yasuda (US Pat No. 6,934,523).
`
`As per claim 1, Yasuda discloses a reception device that selectively receives an
`
`analog broadcast signal and a digital broadcast signal, the device comprising an
`
`oscillation unit (see fig. 3/no. 53 & 56) operable to output an oscillator signal; a
`
`frequency conversion unit (see fig. 3/no. 54, 58 & 64) operable to output an IF signal
`
`based on the oscillator signal outputted from the oscillation unit and a reception signal;
`
`a filter unit (see fig. 3/no. 55, 61 & 67-68) connected to an output side of the frequency
`
`conversion unit; and a control unit (see col. 1/ln. 61-65, col. 5/ln. 1-10) operable to
`
`control a frequency of the oscillator signal outputted from the oscillation unit, wherein
`
`the control unit controls the frequency of the oscillator signal to be within a reception
`
`frequency band when receiving the digital broadcast signal (see abstract, also see
`
`search report); and the frequency of the oscillator signal to be outside the reception
`
`

`

`Application/Control Number: 12/867,121
`
`Page 3
`
`Art Unit: 2649
`
`frequency band when receiving the analog broadcast signal (see abstract, also see
`
`search report).
`
`As per claim 2, Yasuda discloses the oscillation unit outputs the oscillator signal
`
`configured by a first local signal and a second local signal respectively having phases
`
`that are perpendicular to each other, the frequency conversion unit outputs the IF
`
`signal including a first IF signal and a second IF signal, the frequency conversion unit
`
`includes a first frequency converter operable to convert the reception signal into the
`
`first IF signal using the first local signal outputted from the oscillation unit; and a
`
`second frequency converter operable to convert the reception signal into the second IF
`
`signal using the second local signal outputted from the oscillation unit, and the filter unit
`
`includes a first filter connected to an output side of the first frequency converter; and a
`
`second filter connected to an output side of the second frequency converter (see fig. 3,
`
`col. 2/In. 36-col. 3/In. 3).
`
`As per claim 3, Yasuda discloses the control unit controls a cutoff frequency of
`
`the first filter and the second filter, when receiving the digital broadcast signal, the
`
`control unit controls the cutoff frequency of the first filter and the second filter to be a
`
`first frequency, and when receiving the analog broadcast signal, the control unit
`
`controls the cutoff frequency of the first filter and the second filter to be a second
`
`frequency that is higher than the first frequency (see col. 1/In. 61-65, col. 5/In. 1-10).
`
`As per claim 6, Yasuda discloses when receiving the digital broadcast signal, the
`
`control unit controls a frequency of the first local signal and the second local signal to
`
`be a central frequency of the reception frequency band (see abstract).
`
`

`

`Application/Control Number: 12/867,121
`
`Page 4
`
`Art Unit: 2649
`
`As per claim 7, Yasuda discloses a phase synthesis unit operable to phase-shift
`
`and synthesize one or both of the signals outputted from the first filter and the signal
`
`outputted from the second filter (see fig. 3, col. 2/ln. 36-col. 3/ln. 3).
`
`As per claim 8, Yasuda discloses a first signal output terminal connected to an
`
`output side of the first filter; and a second signal output terminal connected to an output
`
`side of the second filter, wherein, when receiving the digital broadcast signal, the
`
`output signal from the first filter is outputted through the first signal output terminal and
`
`the output signal from the second filter is outputted through the second signal output
`
`terminal (see fig. 4).
`
`As per claim 9, Yasuda discloses another frequency conversion unit connected
`
`to an output side of the filter unit, wherein the oscillation unit includes: a reference
`
`oscillator operable to output a reference signal; and a phase synchronizing circuit
`
`connected to the reference oscillator and provided with a frequency divider/multiplier,
`
`the oscillation unit outputs the oscillator signal based on the reference signal, and
`
`outputs another oscillator signal obtained by dividing or multiplying using the frequency
`
`divider/multiplier based on the reference signal, and the other frequency conversion
`
`unit outputs another IF signal based on a signal outputted from the filter unit and the
`
`other oscillator signal (see fig. 5).
`
`

`

`Application/Control Number: 12/867,121
`
`Page 5
`
`Art Unit: 2649
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`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.
`
`4.
`
`Claims 4-5 and 16 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Yasuda (US Pat No. 6,934,523) and in view of Patel et al. (hereinafter “Patel”, US
`
`Pat No. 5,659,372).
`
`As per claim 4, Yasuda does not explicitly discloses that when receiving the
`
`analog broadcast signal, the control unit controls the frequency of the first local signal
`
`and the second local signal to be a frequency within an adjacent frequency band.
`
`However, Patel discloses such teaching (see col. 4/ln. 42-67, also see search report).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time of
`
`invention for Yasuda to utilize the teaching of Patel in order to improve the accuracy of
`
`the phase tracking in the digital circuitry for synchronizing the digitized final
`
`intermediate frequency signal to baseband.
`
`As per claim 5, the combination communication system of Yasuda and Patel
`
`further discloses that when receiving the analog broadcast signal, the control unit
`
`controls a frequency of the first local signal and the second local signal to be the
`
`frequency outside the reception frequency band on a side closer to a video carrier
`
`frequency in the reception frequency band (see Patel, col. 4/ln. 42-67, also see search
`
`report).
`
`

`

`Application/Control Number: 12/867,121
`
`Page 6
`
`Art Unit: 2649
`
`As per claim 16, the combination communication system of Yasuda and Patel
`
`further discloses a demodulator connected to an output side of the reception device; a
`
`decoder connected to an output side of the demodulator; and a display unit connected
`
`to an output side of the decoder (see Patel, fig. 1).
`
`5.
`
`Claims 10-13 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Yasuda (US Pat No. 6,934,523).
`
`As per claims 10-11, Yasuda does not disclose a phase synchronizing circuit as
`
`claimed in claim 10 or claim 11. However, such phase synchronizing circuit is well-
`
`known in the art (also, see search report). Therefore, it would have been obvious to
`
`one of ordinary skill in the art at the time of invention for Yasuda to utilize such well-
`
`known phase synchronizing circuit in order to reduce transitional change of frequency
`
`during phase synchronization and reduces time required for phase synchronization.
`
`As per claims 12-13, Yasuda does not disclose a reference oscillation divider
`
`connected between the reference oscillator and the comparator and operable to divide
`
`the signal outputted from the reference oscillator so as to output the reference signal
`
`whose frequency is lower than a frequency of the other IF signal to the comparator..
`
`However, such reference oscillation divider is well-known in the art (also, see search
`
`report). Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time of invention for Yasuda to utilize such well-known reference oscillation divider
`
`based upon the system requirements but also to generate the desired receive local
`
`

`

`Application/Control Number: 12/867,121
`
`Page 7
`
`Art Unit: 2649
`
`oscillator signals, thus improving performance of the receiver, without increasing
`
`complexity.
`
`6.
`
`Claims 14-15 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Yasuda (US Pat No. 6,934,523) and in view of Temerinac et al. (hereinafter
`
`“Temerinac”, EP1657917A1).
`
`As per claim 14, Yasuda does not specifically disclose the frequency conversion
`
`unit as claimed in claim 14. However, Temerinac discloses such frequency conversion
`
`unit (see fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art
`
`at the time of invention for Yasuda to utilize the frequency conversion unit of Temerinac
`
`in order effectively suppresses interference and uses the same standard-independent
`
`pre-filtering for both analog and digitally modulated signals.
`
`As per claim 15, the combination communication system of Yasuda and
`
`Temerinac further discloses the other frequency conversion unit as claimed in claim 15
`
`(see Temerinac, fig. 1).
`
`7.
`
`Applicant's arguments filed on 09/10/12 have been fully considered but they are
`
`Response to Arguments
`
`not persuasive.
`
`The Applicant’s stated that, “Yasuda does not suggest a reception device which
`
`selectively receives an analog broadcast signal and a digital broadcast signal.
`
`Furthermore, Yasuda does not disclose that the frequency of the oscillator signal is
`
`

`

`Application/Control Number: 12/867,121
`
`Page 8
`
`Art Unit: 2649
`
`controlled within a reception frequency band when receiving the digital broadcast
`
`signal, and the frequency of the oscillator signal is controlled to be outside the
`
`reception frequency band when receiving the analog broadcast signal”. In response to
`
`the Applicant, as stated in the specification (0003-0004), a conventional reception
`
`device (see fig. 11), wherein the reception device when receiving the digital broadcast
`
`signal, control unit 13 controls the frequency of the first local signal and the second
`
`local signal to be a central frequency of a reception frequency band. With this, control
`
`unit 13 causes I signal output terminal 11 to output an I signal as a baseband signal
`
`and Q signal output terminal 12 to output a Q signal as a baseband signal. On the
`
`other hand, when receiving the analog broadcast signal, reception device 1 controls
`
`the frequency of the first local signal and the second local signal to be a frequency that
`
`is (central frequency of the reception frequency band.+-.|F frequency), and causes IF
`
`signal output terminal 10 to output the IF signal. Also, as stated in the specification, an
`
`embodiment of the invention (see fig. 1), when reception device 14 receives the digital
`
`broadcast signal, control unit 24 controls the frequency of the first local signal and the
`
`second local signal to be kept within a reception frequency band.... On the other hand,
`
`when reception device 14 receives the analog broadcast signal, the frequency of the
`
`first local signal and the second local signal are controlled to be kept outside the
`
`reception frequency band (that is, within an adjacent frequency band excluding a
`
`border between the reception frequency band and the adjacent frequency band). With
`
`this, control unit 24 causes first frequency converter 18 and second frequency
`
`converter 20 to output the signals with the frequency of the difference between the
`
`

`

`Application/Control Number: 12/867,121
`
`Page 9
`
`Art Unit: 2649
`
`reception frequency band and the local signals, and causes phase synthesis unit
`
`22 to synthesize these signals. Yasuda disclose (see col. 1/no. 29-32, and abstract) a
`
`single circuit-configured tuner is capable of selectively switching between two operating
`
`modes. A radio frequency signal, quadrature-modulated by a base-band digital signal,
`
`is captured into a single input terminal and then split into two signals. Each signal is
`
`fed into a mixer at each branch circuit block. Each mixer receives an oscillating
`
`frequency of a local oscillator. At this time, the oscillating frequency determines the
`
`operating mode.
`
`In the first operating mode (digital signal), as the oscillating frequency
`
`is determined to be equal to the rf signal, the rf signal undergoes quadrature detection,
`
`resulting in that the original base-band digital signal is obtained at an output terminal
`
`coupled to each mixer, that is, the tuner works as an I/Q detection tuner. On the other
`
`hand, in the second operating mode (analog signal), as the oscillating frequency is
`
`determined so that the difference between the oscillating frequency and the frequency
`
`of the rf signal is to be equal to an IF, the tuner works as an IF tuner (see col. 1/no. 29-
`
`32, and abstract). As one of ordinary skill in the art can see that the conventional
`
`method, the embodiment method , and Yasuda method are similar as to how the
`
`reception device receives an analog and digital broadcast signals. Therefore the
`
`rejection is proper.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`

`

`Application/Control Number: 12/867,121
`
`Page 10
`
`Art Unit: 2649
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the mailing date of this final action.
`
`Conclusion
`
`8.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Pablo Tran whose telephone number is (571 )272-7898.
`
`The examiner normal hours are 9:30 -5:00 (Monday-Friday). If attempts to reach the
`
`examiner by telephone are unsuccessful, the examiner's supervisor, Edward Urban, can
`
`be reached at (571)272-7899. The fax phone number for the organization where this
`
`application or proceeding is assigned is (571)273-8300.
`
`9.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) System. Status information for
`
`Published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see httpr//pair-directauspto.gov. Should
`
`You have questions on access to the Private PAIR system, contact the Electronic
`
`

`

`Application/Control Number: 12/867,121
`
`Page 11
`
`Art Unit: 2649
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (in USA or CANADA) or 571 -272-1000.
`
`June 9, 2012
`
`/Pab|o N Tran/
`
`Primary Examiner, Art Unit 2618
`
`

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