`
`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
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`13/258,192
`
`09/21/2011
`
`Akiyoshi Yamashita
`
`20249.0111USWO
`
`7412
`
`53148
`7590
`05/15/2013
`HAMRE, SCHUMANN, MUELLER & LARSON P.C.
`P.O. BOX 2902
`MINNEAPOLIS, MN 55402-0902
`
`EXAMINER
`Y1MER,GETENTE A
`
`ART UNIT
`
`2181
`
`PAPER NUMBER
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`05/15/2013
`
`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):
`PTOMail@hsml.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/258,192 YAMASHITA, AKIYOSHI
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`GETENTE A.YIMER [SENS 2181
`
`-- 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 21 September 2011.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l This action is 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)|:| 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)IZI Claim(s) fl) is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_1-7is/are rejected.
`8)IZI Claim(s)8_-10 is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* 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
`
`
`
`I/'/\WIIW.USOI.O. ovI’ atentS/init events/
`hI/index.‘s orsend an inquiryto PPI-iieedback{®usgtc.00v.
`
`htt
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 21 September 2011 is/are: a)IXI 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).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some * c)I:l None of the:
`
`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.|:| 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.
`
`Interim copies:
`
`a)|:l All
`
`b)I:I Some
`
`c)I:I None of the:
`
`Interim copies of the priority documents have been received.
`
`Attachment(s)
`
`1) E Notice of References Cited (PTO-892)
`
`3) D Interview Summary (PTO-413)
`
`Paper N°ISI/Ma" Date' —
`PTO/SB/08
`t
`1
`St
`I
`D'
`I'
`f
`2 IZI I
`)
`4) I:I Other:
`a emen (s) (
`Isc osure
`n orma Ion
`)
`Paper No(s)/Mai| Date 09/21/2011.
`U.S. Patent and Trademark Office
`PTOL—326 (Rev. 03-13)
`
`Part of Paper No./Mai| Date 20130504
`
`Office Action Summary
`
`

`

`Application/Control Number: 13/258,192
`
`Page 2
`
`Art Unit: 2181
`
`Detailed Action
`
`Status of Claims
`
`1.
`
`2.
`
`3.
`
`4.
`
`Claims 1-10 are presented for examination.
`
`Claims 1-7 are rejected.
`
`Claims 8, 9 and 10 are objected.
`
`This Action is Non-Final.
`
`Claim Rejections - 35 USC § 102
`
`5.
`
`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.
`
`6.
`
`Claims 1-7 are rejected under 35 U.S.C. 102(b) as being anticipated by lwashita (US Patent
`
`Application Pub. No: 20040052508 A1).
`
`As per claim 1, lwashita teaches a data transferring method in which data is transferred between
`
`a first device and a second device,
`
`the first device comprising a first interface for transmitting and receiving, to and from a rotating
`
`recording medium, data in data blocks in a size equal to an integral multiple of a sector size of the
`
`recording medium and for transmitting and receiving, to and from the second device, the data transferred
`
`from or to the recording medium in packets (e.g. The present invention has been made in order to solve
`
`the problem described above, and provides a method and an apparatus for recording video packet data
`
`on a recording medium having plural sectors, where a coding rate for video packet data is set with
`
`reference to a data size that is an integral multiple of the least common multiple of a packet data size and
`
`a sector size of the medium.) ([0030]), and
`
`

`

`Application/Control Number: 13/258,192
`
`Page 3
`
`Art Unit: 2181
`
`the second device comprising a second interface that is connected to the first interface and
`
`transmits and receives data in packets to and from the first device (e.g. FIG. 2 is a block diagram of a
`
`audiovisual signal coding apparatus. An input video image taken by a camera 1
`
`is temporarily stored in
`
`an AV memory 2 and is coded into MPEG-2 TS packet data at a predetermined coding rate in an MPEG
`
`encoder 3.) ([0051]),
`
`wherein, in the data transfer between the first device and the second device, data is transferred in
`
`an integral ratio of sectors to packets set such that the number of packets is smaller than the number of
`
`packets required for data transfer for one sector (e.g. Next, as shown in FIG. 6, a data size "L" of data
`
`from the divide position "188*n.sub.DlV" until the next succeeding sector "N+1" is calculated based on
`
`Equation (1) given below (step 3). Following this, an additional number of dummy TS packets
`
`"n.sub.dummy" for establishing alignment between the packet boundary and the sector boundary is
`
`calculated from this "L" so that Equation (2) given below becomes true (step 4).)([0020]).
`
`As per claim 2, lwashita teaches all the claimed limitation of claim 1 above, where lwashita
`
`further teaches a data transferring method according to claim 1, wherein
`
`the first device or the first interface includes a buffer for temporarily storing data to be transferred
`
`(e.g. An input video image taken by a camera 1
`
`is temporarily stored in an AV memory 2 and is coded
`
`into MPEG-2 TS packet data at a predetermined coding rate in an MPEG encoder 3.)([0020]), and
`
`a relationship is fixed between a position on the buffer for temporarily storing data in sectors
`
`forming a group read in the integral ratio from the recording medium and a position on the buffer
`
`predetermined for packets forming a group transferred in the integral ratio (e.g. The entire data in the
`
`sector having the sector number "#N.sub.DlV" calculated based on Equation (3) is written into a buffer
`
`such as a random access memory (data size of one sector is set at 2048 bytes in this "Related
`
`Background Art" section and the following "embodiment of the present invention"), and data of "2048-L
`
`bytes" from the read start position on the memory is replaced with dummy TS packet information (step
`
`7).)([0024]).
`
`

`

`Application/Control Number: 13/258,192
`
`Page 4
`
`Art Unit: 2181
`
`As per claim 3, lwashita teaches all the claimed limitation of claim 1 above, where lwashita
`
`further teaches a data transferring method according to claim 1, wherein the data block is comparable in
`
`size to the sectors of the integral ratio (e.g. In the present invention, the least common multiple of 188
`
`bytes that is the packet data size of the MPEG-2 TS packet data and 2048 bytes that is the sector size of
`
`the disk is calculated, and each GOP is set so as to have a size that is an integral multiple of the least
`
`common multiple. Then, a unit controlling coding quantity 9 controls the coding rate of the MPEG encoder
`
`3 so that each GOP has the specified GOP size.)([0052]).
`
`As per claim 4, lwashita teaches all the claimed limitation of claim 1 above, where lwashita
`
`further teaches a data transferring method according to claim 1,wherein the size of the data block is
`
`predetermined, and a value by which the number of sectors indicating the size of the data block is
`
`divisible is used as the number of sectors of the integral ratio (e.g. a user requests to divide a data file
`
`"FILEOOOO" recorded on a disk form recording medium at an MPEG-2 TS packet data boundary position
`
`"188*n.sub.DlV" (step 1). Following this, a new file name "FILEOOO1" of data from the top of the file by the
`
`divide position is entered into file system information, and position and size information giving the start
`
`sector position "#N" of the original file "FILEOOOO" and a file size "188*n.sub.DlV" up to the divide position
`
`is entered into the file system information (step 2).)([0019]).
`
`As per claim 5, lwashita teaches all the claimed limitation of claim 1 above, where lwashita
`
`further teaches a data transferring method according to claim 1,wherein the integral ratio is stored
`
`beforehand in the first device and the second device (e.g. The present invention has been made in order
`
`to solve the problem described above, and provides a method and an apparatus for recording video
`
`packet data on a recording medium having plural sectors, where a coding rate for video packet data is set
`
`with reference to a data size that is an integral multiple of the least common multiple of a packet data size
`
`and a sector size of the medium.) ([0030]).
`
`

`

`Application/Control Number: 13/258,192
`
`Page 5
`
`Art Unit: 2181
`
`As per claim 6, lwashita teaches all the claimed limitation of claim 1 above, where lwashita
`
`further teaches a data transferring method according to claim 1,wherein
`
`the integral ratio is stored beforehand in the first device, and integral ratios of sectors to packets
`
`are stored beforehand in the second device, the integral ratios being determined depending on a type of
`
`the recording medium and set such that the number of packets is smaller than the number of packets
`
`required for data transfer for one sector (e.g. Next, as shown in FIG. 6, a data size "L" of data from the
`
`divide position "188*n.sub.DlV" until the next succeeding sector "N+1" is calculated based on Equation
`
`(1) given below (step 3). Following this, an additional number of dummy TS packets "n.sub.dummy" for
`
`establishing alignment between the packet boundary and the sector boundary is calculated from this "L"
`
`so that Equation (2) given below becomes true (step 4).)([0020]), and
`
`before transferring data between the first device and the second device, one of the integral ratios
`
`determined depending on the type of the recording medium is selected according to a type of the
`
`recording medium on the first device by the second device (e.g. In order to manage the data recorded as
`
`a file in this manner, file name information that is arbitrarily definable by a user, a sector position on the
`
`disk from which the contents of the file starts, and a data size of the file are associated with each other
`
`using file system information shown in Table 1.)([0014]).
`
`As per claim 7, lwashita teaches all the claimed limitation of claim 1 above, where lwashita
`
`further teaches a data transferring method according to claim 1,wherein
`
`the integral ratios of sectors to packets are stored beforehand in the first device and the second
`
`device, the integral ratios being determined depending on a type of the recording medium and set such
`
`that the number of packets is smaller than the number of packets required for data transfer for one sector
`
`(e.g. Next, as shown in FIG. 6, a data size "L" of data from the divide position "188*n.sub.DlV" until the
`
`next succeeding sector "N+1" is calculated based on Equation (1) given below (step 3). Following this, an
`
`additional number of dummy TS packets "n.sub.dummy" for establishing alignment between the packet
`
`

`

`Application/Control Number: 13/258,192
`
`Page 6
`
`Art Unit: 2181
`
`boundary and the sector boundary is calculated from this "L" so that Equation (2) given below becomes
`
`true (step 4).)([0020]), and
`
`before transferring data between the first device and the second device, one of the integral ratios
`
`determined depending on the type of the recording medium is selected according to a type of the
`
`recording medium on the first device by the first and second devices (e.g. In order to manage the data
`
`recorded as a file in this manner, file name information that is arbitrarily definable by a user, a sector
`
`position on the disk from which the contents of the file starts, and a data size of the file are associated
`
`with each other using file system information shown in Table 1.)([0014]).
`
`Allowable Subject Matter
`
`17.
`
`Claims 8, 9 and 10 are objected to as being dependent upon a rejected base claim, but would be
`
`allowable if rewritten in independent form including all of the limitations of the base claim and any
`
`intervening claims.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner should
`
`be directed to GETENTE A. YIMER whose telephone number is (571 )270—7106. The examiner can
`
`normally be reached on 8:00AM-5:OOPMSDT.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`IDRISS ALROBAYE can be reached on 571-270-1023. The fax phone number for the organization
`
`where this application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 13/258,192
`
`Page 7
`
`Art Unit: 2181
`
`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 http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic 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.
`
`GETENTE YIMER /G.Y/
`Examiner Art Unit 2181
`
`Supervisory Patent Examiner, Art Unit 2181
`
`/Idriss N Alrobaye/
`
`