`
`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
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`
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`CONF {MATION NO.
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`13/258,192
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`09/21/2011
`
`Akiyoshi Yamashita
`
`20249.0111USWO
`
`7412
`
`53148
`7590
`10/25/2013
`HAMRE, SCHUMANN, MUELLER & LARSON P.C.
`P.O. BOX 2902
`MINNEAPOLIS, MN 55402-0902
`
`EXAMINER
`Y1MER,GETENTE A
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`ART UNIT
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`2181
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`PAPER NUMBER
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`
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`NOT *ICATION DATE
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`DELIVERY MODE
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`10/25/2013
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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
`following e—mail address(es):
`PTOMail@hsml.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/258,192 YAMASHITA, AKIYOSHI
`
`
`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`GETENTE A. YIMER first“ 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).
`
`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 08/15/2013.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:| This action is non-final.
`a)IXl 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
`
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`5)|XI Claim(s) 1-10is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| Claim(s)_1-10 is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
`
`9)|:l 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
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`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atents/init events"
`
`
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`h/index.‘s , or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 08/15/2013 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)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some * c)I:I None of the:
`a)le All
`1.I:I 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
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`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)
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`1) E Notice of References Cited (PTO-892)
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`3) I] Interview Summary (PTO-413)
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`Paper NOISIIMa” Date —
`PTO/SB/08
`t
`St t
`I
`D'
`t'
`f
`2 I:l I
`)
`4) I:I Other:
`a emen (s)(
`Isc osure
`n orma Ion
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`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 08—13)
`
`Part of Paper No./Mai| Date 20131019
`
`Office Action Summary
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`

`

`Application/Control Number: 13/258,192
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`Page 2
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`Art Unit: 2181
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`Detailed Action
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`Response to Amendment
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`1.
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`2.
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`3.
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`4.
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`The present application is being examined under the pre-AIA first to invent provisions.
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`Claims 1-10 are presented for examination.
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`Claims 1- 10 are amended.
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`This Action is Final.
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`Response to Arguments
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`5.
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`Applicant’s argument filed on August 15,2013 with respect to claims 1-10 have been considered but are
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`moot because the arguments do not apply to any of the references being used in the current rejection.
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`6.
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`Applicant’s representative’s argues that “lwashita does not disclose or suggest transferring data from a first
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`device to a second device in a ratio of an integer number of sectors to an integer number of packets such that the
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`integer number of packets is smaller than a number of packets to transfer the data sector by sector. Further, lwashita
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`does not disclose or suggest a method to transfer data between a first and second device in which data from a
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`plurality of sectors is transferred in a single packet.”
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`Examiner disagrees with the applicant argument. The applicant representative argument is based on the
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`newly added features. Therefore, examiner applied a new reference to teach those features, which the applicant
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`representative argues the previous reference does not disclose.
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`Claim Rejections - 35 USC § 103
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`6.
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`The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections
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`set forth in this Office action:
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`(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.
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`7.
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`Claims 1-10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over lwashita (US Patent
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`

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`Application/Control Number: 13/258,192
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`Page 3
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`Art Unit: 2181
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`Application Pub. No: 20040052508 A1) in view of Burton et al.
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`(US Patent No: 5,710,943).
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`As per claim 1,lwashita teaches a data transferring method in which data is transferred between a first device
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`and a second device,
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`the first device comprising a first interface for transmitting and receiving, to and from a rotating recording
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`medium, data in data blocks in a size equal to an integral multiple of a sector size of the recording medium and for
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`transmitting and receiving, to and from the second device, the data transferred from or to the recording medium in
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`packets (e.g. The present invention has been made in order to solve the problem described above, and provides a
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`method and an apparatus for recording video packet data on a recording medium having plural sectors, where a
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`coding rate for video packet data is set with reference to a data size that is an integral multiple of the least common
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`multiple of a packet data size and a sector size of the medium.)([0030]), and
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`the second device comprising a second interface that is connected to the first interface and transmits and
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`receives data in packets to and from the first device (e.g. FIG. 2 is a block diagram of a audiovisual signal coding
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`apparatus. An input video image taken by a camera 1
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`is temporarily stored in an AV memory 2 and is coded into
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`MPEG-2 TS packet data at a predetermined coding rate in an MPEG encoder 3.) ([0051]),
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`lwashita does not teach a data transferring method,
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`wherein, in the data transfer between the first device and the second device, data is transferred in a ratio of
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`an integer number of sectors to an integer number of packets, such that data in the integer number of sectors is
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`transferred in the integer number of packets, the ratio being set such that the integer number of packets is smaller
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`than a number of packets to transfer the data in the integer number of sectors where data in the integer number of
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`sectors is transferred sector by sector.
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`m teaches a data transferring method,
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`wherein, in the data transfer between the first device and the second device, (e.g. The buffer memory 38 is
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`operative for providing temporary storage for data being transferred between the magnetic disk 31 and an external
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`host computer to compensate for transfer rate differences between the disk drive and the host computer. In this
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`regard, the buffer memory 38 is capable of greatly improving the data transfer rate performance between the host
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`computer and the disk drive 30.) (co|.4, II. 57-67), data is transferred in a ratio of an integer number of sectors to an
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`integer number of packets, such that data in the integer number of sectors is transferred in the integer number of
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`packets, the ratio being set such that the integer number of packets is smaller than a number of packets to transfer
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`the data in the integer number of sectors where data in the integer number of sectors is transferred sector by sector
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`

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`Application/Control Number: 13/258,192
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`Page 4
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`Art Unit: 2181
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`(e.g. Therefore, the ratio of the number of data sectors which may be stored on a particular track to the number of
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`data regions on that track may be greater thanI less thanI or egual to one. Because there is generally more data per
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`data region in the outer tracks, the above mentioned ratio generally increases as one goes from the inner track to the
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`outer track of a magnetic disk. FIG. 2 illustrates a number of data tracks having different data sector per data region
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`ratios. As seen in the figure, a data sector may begin and end in the same data region or may begin in one data
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`region and end in another.) (co|.2, ||. 14- 29).
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`ltwould have been obvious for one ordinary skill in the art, at the time the invention was made, to include
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`Burton‘s method and apparatus for assuring data transferred between a variable rate disk drive and a host system
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`during read and write operations into lwashita‘s method for recording data on a disk for recording medium for the
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`benefit of, a computer magnetic disc drive determines successful and efficient data transfer to give improved overall
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`performance of between the magnetic disk and the host computer (Burton,col.2,ll. 43 to 67) to obtain the invention
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`as specified as in claim 1.
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`As per claim 2, lwashita and Burton teach all the claimed limitations of claim 1 above wherein lwashita and
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`Burton further teach, the data transferring method, wherein the first device or the first interface includes a buffer for
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`temporarily storing data to be transferred (lwashita,[0020];[0024];[0051]), and
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`a relationship is fixed between a position on the buffer for temporarily storing data in sectors forming a group
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`read in the ratio of the integer number of sectors to the integer number of packets from the recording medium and a
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`position on the buffer predetermined for packets forming a group transferred in the ratio
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`(Burton, col.2, ||.14- 29; col. 3, ||. 18 to 39).
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`As per claim 3, lwashita and Burton teach all the claimed limitations of claim 1 above wherein Burton
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`further teaches, the data transferring method, wherein the data block is comparable in size to the integer number of
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`sectors of the ratio (Burton, col.2, ||. 14- 29).
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`As per claim 4, lwashita and Burton teach all the claimed limitations of claim 1 above wherein lwashita and
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`Burton further teaches, the data transferring method, wherein the size of the data block is predetermined
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`(lwashita,[0019];[0051]). and a value by which a number of sectors indicating the size of the data block is divisible is
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`used as the integer number of sectors of the ratio (Burton, col.2, ||. 14- 29 ; col. 3, ||. 18 to 39).
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`

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`Application/Control Number: 13/258,192
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`Page 5
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`Art Unit: 2181
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`As per claim 5, lwashita and Burton teach all the claimed limitations of claim 1 above wherein lwashita
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`teaches, the data transferring method, wherein the ratio of the integer number of sectors to the integer number of
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`packets is stored beforehand in the first device and the second device (lwashita,[0030];[0051]).
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`As per claim 6, lwashita andm teach all the claimed limitations of claim 1 above wherein lwashita and
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`m further teach, the data transferring method, wherein the ratio of the integer number of sectors to the integer
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`number of packets is stored beforehand in the first device, and ratios of an integer number of sectors to an integer
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`number of packets are stored beforehand in the second device (lwashita,[0020];[0024];[0051]), the ratios being
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`determined depending on a type of the recording medium and set such that the integer number of packets is smaller
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`than a number of packets to transfer the data in the integer number of sectors where data in the integer number of
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`sectors is transferred sector by sector_(Burton, col.2, ||. 14- 29 ; col. 3, ||. 18 to 39), and
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`before transferring data between the first device and the second device, one of the ratios determined
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`depending on the type of the recording medium is selected according to a type of the recording medium on the first
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`device by the second device (lwashita,[0014];[0051]).
`
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`As per claim 7, lwashita and Burton teach all the claimed limitations of claim 1 above wherein lwashita and
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`m further teach, the data transferring method, wherein ratios of an integer number of sectors to an integer
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`number of packets are stored beforehand in the first device and the second device
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`(lwashita,[0014];[0020];[0051]),the ratios being determined depending on a type of the recording medium and set
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`such that the integer number of packets is smaller than a number of packets to transfer the data in the integer
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`number of sectors where data in the integer number of sectors is transferred sector by sector_(m, col.2, ||. 14-
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`29 ; col. 3, ||. 18 to 39), and
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`before transferring data between the first device and the second device, one of the ratios determined
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`depending on the type of the recording medium is selected according to a type of the recording medium on the first
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`device by the first and second devices (lwashita,[0014];[0051]).
`
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`As per claim 8, lwashita and Burton teach all the claimed limitations of claim 1 above wherein lwashita and
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`Burton further teach, the data transferring method, wherein
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`in the case where the sector size of the recording medium on the first device is N, a reference sector size is
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`n, and a reference ratio of a reference integer number of sectors x to a reference integer number of packets y is x : y,
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`

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`Application/Control Number: 13/258,192
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`Page 6
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`Art Unit: 2181
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`the reference ratio being set such that the integer number of packets is smaller than a number of packets to transfer
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`data in the reference sector size n where data in the reference sector size n is transferred sector by sector (Burton,
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`co|.2,||.14- 29 ; col. 3, ||. 18 to 39),
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`before transferring data between the first device and the second device (lwashita,[0014];[0051]), the ratio of
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`the integer number of sectors to the integer number of packets is calculated from a formula of (n / N) x X : y by at
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`least one of the first device and the second device (Burton, col.2, ||. 14- 29 ; col. 3, ||. 18 to 39).
`
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`As per claim 9, lwashita and Burton teach all the claimed limitations of claim 1 above wherein lwashita and
`
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`Burton further teach, the data transferring method, comprising:
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`a recognition step of recognizing the sector size of the recording medium on the first device and a user data
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`size of the packet (lwashita,[0014];[0051]);
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`a ratio calculation step of increasing an integer number of packets sequentially from one or allocating prime
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`numbers to integer numbers of packets, and multiplying the integer number of packets by the user data size to obtain
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`a unit size, and calculating a ratio of the obtained unit size to the sector size (m, col.2, ||. 14- 29 ; col. 3, ||. 18
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`to 39);
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`a determination value calculation step of subtracting rounded values obtained by rounding the ratios from the
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`ratios to obtain determination values (lwashita,[0014];[0051]);
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`a determination value search step of searching for the smallest determination value among the determination
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`values (lwashita,[0014];[0051]); and
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`an integral ratio calculation step of setting the rounded value corresponding to the determination value
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`searched for in the determination value search step as an integer number of sectors, and setting a ratio of the integer
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`number of sectors to the integer number of packets corresponding to the determination value searched for in the
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`determination value search step (Burton, co|.2, ||. 14- 29; col. 3, ||. 18 to 39);
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`As per claim 10, lwashita and Burton teach all the claimed limitations of claim 9 above wherein lwashita
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`and Burton further teach, the data transferring method, wherein the size of the data block is predetermined, the data
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`transferring method further comprises a rounded value search step of searching for rounded values by which a
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`number of sectors indicating the size of the data block is divisible among the rounded values obtained by rounding
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`the ratios (Burton, co|.2, ||.14- 29 ; col. 3, ||. 18 to 39), and
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`

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`Application/Control Number: 13/258,192
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`Page 7
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`Art Unit: 2181
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`in the determination value search step, the smallest determination value is searched for among the
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`determination values corresponding to the rounded values searched for in the rounded value search step
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`(Iwashita,[0014];[0051]).
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`Conclusion
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`Applicant‘s amendment necessitated the new ground(s) of rejection presented in this Office action.
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`Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time
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`policy as 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 from the mailing
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`date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and
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`the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action.
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`In no event, however, will the statutory
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`period for reply expire later than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner should be directed
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`to GETENTE A. YIMER whose telephone number is (571)270-7106. The examiner can normally be reached on
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`8:00AM-5:00PMSDT.
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`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.
`
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`
`GETENTE YIMER /G.Y/
`Examiner Art Unit 2181
`
`

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`Application/Control Number: 13/258,192
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`Page 8
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`Art Unit: 2181
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` /IDRISS N ALROBAYE/
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`Serrvisor Patent Examiner, Art Unit 2181
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`