UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`14/941,583
`
`11/14/2015
`
`NORITAKA IGUCHI
`
`2015-1682T
`
`1081
`
`Wenderoth, L1nd & Ponaek, L.L.P.
`1030 15th Street, NW, Suite 400 East
`Washington, DC 20005
`
`RETALLICK' KAITLIN A
`
`ART UNIT
`
`2482
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/14/2019
`
`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):
`eoa @ wenderoth. com
`kmiller @ wenderotheom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`14/941,583
`Examiner
`Kaitlin A Retaliick
`
`Applicant(s)
`IGUCHI et al.
`Art Unit
`2482
`
`AIA Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 01/03/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`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 Expa/ie Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—6 and 8—9 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1—6 and 8—9 is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowable. 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
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)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).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)I:J Some”
`
`c)C] None of the:
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`1.. Certified copies of the priority documents have been received.
`
`2.[:] 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.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail DateW.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190208
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
`
`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible
`
`for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been
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`timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR
`
`1.114. Applicant's submission filed on 01/03/2019 has been entered.
`
`Status of the Application
`
`Claim 9 has been added. Claims 1—6, 8, and 9 are currently pending in this application.
`
`Information Disclosure Statement
`
`The information disclosure statement filed 01/23/2019 fails to comply with 37 CFR
`
`1.98(a)(1), which requires the following: (1) a list of all patents, publications, applications, or
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`other information submitted for consideration by the Office; (2) U.S. patents and U.S. patent
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`application publications listed in a section separately from citations of other documents; (3) the
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`application number of the application in which the information disclosure statement is being
`
`submitted on each page of the list; (4) a column that provides a blank space next to each
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`document to be considered, for the examiner’s initials; and (5) a heading that clearly indicates
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`that the list is an information disclosure statement.
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 3
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`The Non Patent Literature filed on 01/23/2019 was not listed on the IDS submitted on
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`01/23/2019. The information disclosure statement has been placed in the application file, but
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`the information referred to therein has not been considered.
`
`Response to Arguments
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`Applicant's arguments filed 01/03/2019 have been fully considered but they are not
`
`persuasive.
`
`On page 5 ofthe Applicant’s Remarks, the Applicant argues that, ”Based on a review of
`
`Kim (e.g., paragraphs [0051]—[0053], [0058], and [0060]), the reference at best discloses or
`
`suggests that different program identifications (PIDs) are allocated to a video stream
`
`corresponding to a base layer, a video stream corresponding to an enhancement layer, and an
`
`audio stream. The Applicant asserts that Kim fails to disclose or suggest the use of a packet ID
`
`and a layer level ID that are different kinds of IDs having different functions, as now recited in
`
`independent claim 1. For at least the reasons noted above, no combination of Kim and Yun
`
`discloses or suggests all the features recited in independent claim 1 (as amended). Likewise, no
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`combination of Kim and Yun discloses or suggests all the features recited in claims 2 and 8 by
`
`virtue of their dependencies from independent claim 1."
`
`However, the Examiner respectfully disagrees with the Applicant’s Remarks. Kim
`
`discloses that the MUX 114 of FIG. 1 packetizes and multiplexes program specification
`
`information, Le, a stream map, a compressed and encoded SVC video stream, Le, a base—layer
`
`video stream and an enhancement—layer video stream, and an audio stream, thereby
`
`generating an MPEG—2 TS [See Kim, 0051]. Different program identifications (PIDs) are allocated
`
`to a video stream corresponding to a base layer, a video stream corresponding to an
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`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 4
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`enhancement layer, and an audio stream [See Kim, 0051]. The MUX 114 packetizes the base—
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`layer video stream, the enhancement video stream and the audio stream output from the
`
`encoders 112 and 113 into respective PES packets 210 [See Kim, 0052]. Thereafter, the MUX
`
`114 packetizes the PES packets 210 into TS packets 220 [See Kim, 0052]. One PES packet is
`
`packetized into one or more TS packets [See Kim, 0052]. That is, as shown in FIG. 2, the TS
`
`generated at the MUX 114 includes an audio TS packet, a base—layer video TS packet and an
`
`enhancement—layer video TS packet each having different PIDs [See Kim, 0053]. The program
`
`specification information is included in a header of the TS packet [See Kim, 0053]. Thus, Kim
`
`discloses that each TS packet (base—layer video, enhancement—layer video, etc.) has different
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`program identifications (PIDs).
`
`Through a PID filter 32, the scalable separator 115 finds packets including program
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`specification information (PSI) and stores PID information allocated to a base—layer video
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`packet, an enhancement—layer video packet and an audio packet of the program specification
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`information in a Program Map Table (PMT) 31 [See Kim, 0056]. Then, the separator 33 outputs
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`a program specification information packet, an audio packet and a base—layer video packet as
`
`the first layer (L1) and outputs an enhancement—layer video packet as the second layer (L2)
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`under the control of the PID filter 32 [See Kim, 0058]. Thus, Kim discloses a separate
`
`identification for separation of the packets using the first layer (L1) and second layer (L2).
`
`Yun discloses generating service streams for transmitting broadcasting signals [See Yun,
`
`9]. In Fig. 8, it is assumed that the service field (Service k1) defines the first stream [See Yun, 90].
`
`The service field (Service k1) includes a service identification field (which is shown as "Sld" in
`
`FIG. 8) and a service component description field (which is shown as "Service comp.
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 5
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`description 1" in FIG. 8) [See Yun, 0091]. The service identification field (SId) transmits an
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`arbitrary high—quality video service identifier (which is shown as "Sldx" in FIG. 8), and the
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`service component description field (Service comp. description 1) transmits information on a
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`subchannel through which the first stream is transmitted, or the kind of service that is obtained
`
`by decoding the first stream [See Yun, 0091]. Particularly, in the service component description
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`field (Service comp. description 1), the data service component type field (which is shown as
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`"DSCTy" in FIG. 8) indicates that the first stream is decoded from the video service [See Yun,
`
`0092]. According to the existing terrestrial DMB system, a data service component type for the
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`video service is defined as 24 [See Yun, 0092]. In the service component description field, a
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`priority flag transmitting the order of decoding the first stream transmits a value indicating high
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`priority [See Yun, 93]. A priority flag composed of 1 indicates primary and a priority flag
`
`composed of 0 indicates secondary [See Yun, 93]. That is, as shown in FIG. 8, according to the
`
`first exemplary embodiment of the present invention, the priority flag (P/S) of the service
`
`component description field (Service comp. description 1) transmits 1 [See Yun, 93]. As shown
`
`in Fig. 9, it is assumed that a service field (Service k2) defines the second stream [See Yun, 94].
`
`In the service component description field (Service comp. description 2), a priority flag (which
`
`is shown as "P/S" in FIG. 9) transmits a value indicating secondary [See Yun, 98].
`
`Therefore, the Service K1 contains the Service Identification Field [See Yun. 91], the
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`Service Comp. Description Field which includes the DSCTy field which indicates that the first
`
`stream (Service K1) is decoded from the video service [See Yun, 92], and the priority flag which
`
`indicates that the stream is the primary stream [See Yun, 93]. Service K2 contains the Service
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`Identification Field which is the same as the SID of Service K1 to show that the K2 is related to
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`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 6
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`the K1 [See Yun, 94—95], the Service Comp. Description Field which includes the DSCTy field
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`which indicates that the second stream (Service K2) is additional data that is decoded to a high—
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`quality video service [See Yun, 96], and the priority flag which indicates that the stream is the
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`secondary stream [See Yun, 98].
`
`Thus, the streams include at least three different identifiers, such as the service
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`identification field which is common to the Service K1, Service K2 and the Service Comp.
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`Description Field which includes the DSCTy field, and the priority flags which indicate whether
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`the stream is a primary or secondary stream. Therefore, Yun discloses at least two types of
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`identifiers in the stream used to identify different properties ofthe streams.
`
`It would have been to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of Kim with the use of a Service Identification
`
`Field for each service (SID), a service component description field for each service, a priority flag
`
`for each service in the stream as taught by Yun in order to ensure that it is possible to
`
`discriminate the enhancement layer video service stream and the base layer video stream on
`
`the basis of information transmitted through the data constituent elements type field and
`
`information transmitted through the priority flag [See Yun, 99].
`
`Claim Rejections - 35 USC § 103
`
`In the event the determination of the status of the application as subject to AIA 35
`
`USC. 102 and 103 (or as subject to pre—AIA 35 USC. 102 and 103) is incorrect, any correction
`
`of the statutory basis for the rejection will not be considered a new ground of rejection if the
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`prior art relied upon, and the rationale supporting the rejection, would be the same under
`
`either status.
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`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 7
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set forth in section 102, if the differences between the claimed invention
`and the prior art are such that the claimed invention as a whole would have been obvious before the
`effective filing date of the claimed invention to a person having ordinary skill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under 35
`
`U.S.C.103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
`
`Claims 1, 2, and 8 are rejected under 35 U.S.C.103 as being unpatentable over Kim et al.
`
`(Hereafter, ”Kim”) [US 2010/0272190 A1] in view of Yun et al. (Hereafter, ”Yun”) [W0
`
`2008/ 156325 A2].
`
`In regards to claim 1, Kim discloses a transmitting method for transmitting encoded
`
`data obtained by hierarchically encoding a video image ([0001] a scalable
`
`transmitting/receiving apparatus and method for improving availability of a broadcasting
`
`service) at a base layer level and an enhancement layer level ([0051-0053 and Fig.2] the TS
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`packet consists of either a base-layer video or an enhancement layer video), the transmitting
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`method comprising: a generating step of generating (i) an encoded stream ([0052] The MUX
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 8
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`114 packetizes the base-layer video stream, the enhancement video stream and the audio
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`stream output from the encoders 112 and 113 into respective PES packets 210. Thereafter,
`
`the MUX 114 packetizes the PES packets 210 into TS packets 220. One PES packet is
`
`packetized into one or more TS packets.), the encoded stream including packets which are
`
`obtained by packetizing the encoded data ([0051-0053 and Fig. 2] the TS packet consists of
`
`either a base-layer video or an enhancement layer video) and to each of which (H) a packet
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`ID ([0053] an audio TS packet, a base-layer video TS packet and an enhancement-layer video
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`TS packet each having different Ple) and (i—2) a layer ID are allocated ([0058 and 0060] the
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`packet streams are identified as first layer (L1:base layer) and second layer (L2:enhancement-
`
`layer), and (ii) information indicating an association relationship ([0051 and Fig. 4] The MUX
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`114 of FIG. 1 packetizes and multiplexes program specification information, i.e., a stream
`
`map, a compressed and encoded SVC video stream, i.e., a base-layer video stream and an
`
`enhancement-layer video stream, and an audio stream, thereby generating an MPEG-2 TS.
`
`Different program identifications (Ple) are allocated to a video stream corresponding to a
`
`base layer, a video stream corresponding to an enhancement layer, and an audio stream.)
`
`between the packet ID and a layer level ([0053] The program specification information is
`
`included in a header of the TS packet.), (i—1) the packet ID being common among the packets
`
`regardless of whether each of the packets is at the base layer level or the enhancement layer
`
`level ([0053] an audio TS packet, a base-layer video TS packet and an enhancement-layer
`
`video TS packet each having different Ple), and (i—2) the layer level ID being different from the
`
`packet ID and indicating whether the packet is at the base layer level or the enhancement layer
`
`level ([0053 and 0060] the PID of the packet and the layer indication of the video stream
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 9
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`containing the packet are different); and a first transmitting step of transmitting the generated
`
`encoded stream ([0053] That is, as shown in FIG. 2, the TS generated at the MUX 114 includes
`
`an audio TS packet, a base-layer video TS packet and an enhancement-layer video TS packet
`
`each having different Ple. The program specification information is included in a header of
`
`the TS packet.), and the generated information indicating the association relationship ([0062-
`
`0063] FIG. 4 is a view for explaining specification information of a PMT applied to the present
`
`invention. As shown in FIG. 4, a PID type includes Ple respectively representing a PMT
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`packet, a base-layer video packet, an enhancement-layer video packet (PID-PMT,
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`PlD_video_base layer, PlD_video_enhancement layer and PlD_audio). Respective PID values
`
`thereof are ‘100‘, ‘200‘, ‘201‘ and ‘202‘).
`
`Yun discloses a transmitting method for transmitting encoded data obtained by
`
`hierarchically encoding a video image at a base layer level and an enhancement layer level ([9]
`
`generating service streams for transmitting broadcasting signals), the transmitting method
`
`comprising: a generating step of generating (i) an encoded stream, the encoded stream
`
`including packets which are obtained by packetizing the encoded data and to each ofwhich (i—
`
`1) a packet ID ([91] The service identification field (Sld) transmits an arbitrary high-quality
`
`video service identifier (which is shown as "Sldx" in FIG. 8).) and (i—2) a layer level ID are
`
`allocated ([91] The service component description field (Service comp. description 1)
`
`transmits information on a subchannel through which the first stream is transmitted, or the
`
`kind of service that is obtained by decoding the first stream.) and (ii) information indicating an
`
`association relationship between the packet ID and a layer level ([92] the Service Comp.
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`Description Field which includes the DSCTy field which indicates that the first stream (Service
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 10
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`K1) is decoded from the video service, and [93] the priority flag which indicates that the
`
`stream is the primary stream [96] the Service Comp. Description Field which includes the
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`DSCTy field which indicates that the second stream (Service K2) is additional data that is
`
`decoded to a high-quality video service , and [98] the priority flag which indicates that the
`
`stream is the secondary stream), (i—1) the packet ID being common among the packets
`
`regardless of whether each of the packets is at the base layer level or the enhancement layer
`
`level ([94-95] Service K2 contains the Service Identification Field which is the same as the SID
`
`of Service K1 to show that the K2 is related to the K1.), and (i—2) the layer level ID being
`
`different from the packet ID and indicating whether the packet is at the base layer level or the
`
`enhancement layer level ([93] In the service component description field, a priority flag
`
`transmitting the order of decoding the first stream transmits a value indicating high priority.
`
`A priority flag composed of 1 indicates primary and a priority flag composed of 0 indicates
`
`secondary. That is, as shown in FIG. 8, according to the first exemplary embodiment of the
`
`present invention, the priority flag (P/S) of the service component description field (Service
`
`comp. description 1) transmits 1. [94] As shown in Fig. 9, it is assumed that a service field
`
`(Service k2) defines the second stream. [98] In the service component description field
`
`(Service comp. description 2), a priority flag (which is shown as "P/S" in FIG. 9) transmits a
`
`value indicating secondary.);
`
`It would have been to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of Kim with the use of a Service Identification
`
`Field for each service (SID), a service component description field for each service, a priority flag
`
`for each service in the stream as taught by Yun in order to ensure that it is possible to
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 11
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`discriminate the enhancement layer video service stream and the base layer video stream on
`
`the basis of information transmitted through the data constituent elements type field and
`
`information transmitted through the priority flag [See Yun, 99].
`
`In regards to claim 2, the limitations of claim 1 have been addressed. Kim discloses
`
`wherein the encoded data of the base layer level is independently decodable data or is
`
`decodable data by referring to decoded data of another encoded data of the base layer level
`
`([0032] The base layer corresponds to a compression result of an SD resolution image
`
`compatible to the H.264 Advanced Video Coding (AVC) standard, and the enhancement layer
`
`corresponds to a result of compression and encoding performed by referencing an input HD
`
`resolution image and an encoding result of the base layer according to the H.264 SVC
`
`standard. If only a base-layer video stream is decoded, an SD image may be restored, and if
`
`an enhancement-layer video stream is decoded together with the base-layer video stream, an
`
`HD image may be restored.), and the encoded data of the enhancement layer level is
`
`decodable data by referring to decoded data of the encoded data of the base layer level ([0032]
`
`The enhancement layer corresponds to a result of compression and encoding performed by
`
`referencing an input HD resolution image and an encoding result of the base layer according
`
`to the H.264 SVC standard. If an enhancement-layer video stream is decoded together with
`
`the base-layer video stream, an HD image may be restored. The enhancement-layer video
`
`stream cannot be decoded alone.).
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 12
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`In regards to claim 8, the limitations of claim 1 have been addressed. Kim discloses
`
`wherein the information indicating the association relationship includes one of information
`
`indicating that the encoded stream is individually decodable stream, and information indicating
`
`that another encoded stream which is necessary to decode the encoded stream ([0032] The
`
`two layers are a base layer and an enhancement layer. The base layer corresponds to a
`
`compression result of an SD resolution image compatible to the H.264 Advanced Video
`
`Coding (AVC) standard, and the enhancement layer corresponds to a result of compression
`
`and encoding performed by referencing an input HD resolution image and an encoding result
`
`of the base layer according to the H.264 SVC standard. If only a base-layer video stream is
`
`decoded, an SD image may be restored, and if an enhancement-layer video stream is decoded
`
`together with the base-layer video stream, an HD image may be restored. The enhancement-
`
`layer video stream cannot be decoded alone.).
`
`Claims 3, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in
`
`view of Yun in further view of Kim et al. (Hereafter, ”Kim052") [US 2010/0266052 A1].
`
`In regards to claim 3, the limitations of claim 2 have been addressed. Kim discloses
`
`wherein the generating step includes: generating a first encoded stream that is the encoded
`
`stream which includes the packet obtained by packetizing the encoded data of the base layer
`
`level and does not include the packet obtained by packetizing the encoded data ofthe
`
`enhancement layer level ([0037] The scalable separator 115 separates the TS packets
`
`generated by the MUX 114 into a first layer (L1) packet stream and a second layer (L2) packet
`
`stream. The first layer (L1) packet stream includes a base-layer video packet, an audio packet
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
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`Page 13
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`and a program specification information packet.); and generating a second encoded stream
`
`that is the encoded stream which includes the packet obtained by packetizing the encoded data
`
`of the enhancement layer level and does not include the packet obtained by packetizing the
`
`encoded data of the base layer level ([0037] The scalable separator 115 separates the TS
`
`packets generated by the MUX 114 into a first layer (L1) packet stream and a second layer
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`(L2) packet stream. The second layer (L2) packet stream includes an enhancement-layer video
`
`packet.), and the transmitting step includes transmitting the first encoded stream by using a
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`first channel, and transmitting the second encoded stream by using a second channel different
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`from the first channel ([0036] The scalable transmission unit 117 separates the MPEG-2 TS
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`packets into multiple layers and transmits them by using a different transmission scheme for
`
`each layer. [0059] multi-channel broadcasting).
`
`Kim discloses different transmission schemes for each layer and multi—channel
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`broadcasting [See Kim, 0059]. However, Kim doesn’t explicitly disclose the transmitting step
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`includes transmitting the first encoded stream by using a first channel, and transmitting the
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`second encoded stream by using a second channel different from the first channel.
`
`Kim052 discloses the transmitting step includes transmitting the first encoded stream by
`
`using a first channel ([0051] The base layer channel decoder 309 may receive a base layer TS
`
`via a conventional T-DMB transmission network and perform channel decoding for the base
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`layer TS.), and transmitting the second encoded stream by using a second channel different
`
`([0020] an enhancement layer processing unit configured to receive an enhancement layer
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`stream via a different transmission channel from the transmission channel of the base layer
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`stream) from the first channel ([0042] According to an aspect of the present invention,
`
`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 14
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`depending on setting, the transmission channel determining unit 221 may determine a
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`transmission channel of a conventional T-DMB network, a satellite DMB network, a
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`communication network, and the like and transmit enhancement layer data via the
`
`determined transmission channel.).
`
`It would have been to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of Kim with the transmission of the base layer
`
`stream and the enhancement layer stream through different transmission channels as taught
`
`by Kim052. The motivation behind this modification would have been to simplify a system
`
`operation, multiplexing and outputting an audio ES and a data ES and to transform the ES to be
`
`transmittable via a different channel such as a T—DMB transmission network channel, a DMB
`
`network channel, a communication network channel, and the like, and thereby transmit the
`
`transformed elementary stream [See Kim052, 0065].
`
`In regards to claim 4, the limitations of claim 3 have been addressed. Kim fails to
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`explicitly disclose wherein the generating step includes generating the first encoded stream and
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`the second encoded stream according to different multiplexing methods.
`
`Kim052 wherein the generating step includes generating the first encoded stream and
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`the second encoded stream according to different multiplexing methods ([Fig. 2] the base layer
`
`video stream is multiplexed in the T-DMB multiplexer 209 and the enhancement later video
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`stream is multiplexed in the enhancement layer TS multiplexer 215).
`
`It would have been to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of Kim with the multiplexing of the video streams
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`

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`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 15
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`through different multiplexers as taught by Kim052 in order to simplify a system operation,
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`multiplexing and outputting an audio ES and a data ES and to transform the ES to be
`
`transmittable via a different channel such as a T—DMB transmission network channel, a DMB
`
`network channel, a communication network channel, and the like, and thereby transmit the
`
`transformed elementary stream [See Kim052, 0065].
`
`In regards to claim 6, the limitations of claim 3 have been addressed. Kim discloses
`
`wherein one of the first channel and the second channel is a channel for broadcasting ([0017]
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`multi-channel high-quality satellite broadcasting), and
`
`Kim fails to explicitly disclose the other one ofthe first channel and the second channel
`
`is a channel used for communication.
`
`Kim052 discloses wherein one ofthe first channel and the second channel is a channel
`
`for broadcasting ([0051] The base layer channel decoder 309 may receive a base layer TS via a
`
`conventional T-DMB transmission network and perform channel decoding for the base layer
`
`TS.), and the other one of the first channel and the second channel is a channel used for
`
`communication ([0042] According to an aspect of the present invention, depending on
`
`setting, the transmission channel determining unit 221 may determine a transmission
`
`channel of a conventional T-DMB network, a satellite DMB network, a communication
`
`network, and the like and transmit enhancement layer data via the determined transmission
`
`channel.).
`
`It would have been to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of Kim with the transmission of the base layer
`
`

`

`Application/Control Number: 14/941,583
`Art Unit: 2482
`
`Page 16
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`stream and the enhancement layer stream through different transmission channels as taught
`
`by Kim052. The motivation behind this modification would have been to simplify a system
`
`operation, multiplexing and outputting an audio ES and a data ES and to transform the ES to be
`
`transmittable via a different channel such as a T—DMB transmission network channel, a DMB
`
`network channel, a communication network channel, and the like, and thereby transmit the
`
`transformed elementary stream [See Kim052, 0065].
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Yun in
`
`further view of Kim052 in even further view of Hwang et al. (Hereafter, ”Hwang”) [US
`
`2013/0097627 A1].
`
`In regards to claim 5, the limitations of claim 4 have been addressed. Kim discloses
`
`wherein the generating step includes: generating one of the first encoded stream and the
`
`second encoded stream according to MPEG—2 TS (Moving Picture Experts Group—2 Transport
`
`Stream) ([0035] generating Moving Picture Experts Group (MPEG)-2 transport stream (TS)
`
`packets); and
`
`Kim discloses that the TS packets are MPEG—2 TS packets. Kim fails to explicitly disclose
`
`generating one of the first encoded strea