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
`Alexandria, Virginia 22313-1450
`www.mptogov
`
`14/941,583
`
`11/14/2015
`
`NORITAKA IGUCHI
`
`2015-1682T
`
`1081
`
`Wenderoth, L1nd & Ponack, L.L.P.
`1030 15th Street, NW, Suite 400 East
`Washington, DISTRICT OF COLUMBIA 20005
`
`RETALLICK KAITLIN A
`
`ART UNIT
`
`2482
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/01/2018
`
`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@wenderoth.com
`
`PTOL—90A (Rev. 04107)
`
`

`

`017709 A0110” Summary
`
`Application No.
`14/941,583
`
`Examiner
`Kaitlin A Retallick
`
`Applicant(s)
`IGUCHI et al.
`
`Art Unit
`2482
`
`AIA Status
`Yes
`
`- The MAILING DA TE ofthis communication appears on the cover sheet with the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 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.
`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). Responsive to communication(s) filed on 7/13/2016
`.
`D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`2a)[:| 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)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 Exparfe Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`
`
`Disposition of Claims"
`
`5)
`
`Claim(s) E is/are pending in the application.
`5a) Of the above Claim(s)
`is/are withdrawn from consideration.
`
`6) El Claim(s)
`
`is/are allowed.
`
`7)
`
`8)
`
`CIaim(s)flis/are rejected.
`
`I] Claim(s)
`
`is/are objected to.
`
`are subject to restriction and/or election requirement
`9) El 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
`
`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 14 November 2015 is/are: a). accepted or b)[:| 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 ( ).
`Certified copies:
`
`a)- All
`
`b)|:l Some**
`
`c)|:l None of the:
`
`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/OSa and/or PTO/SB/Oab)
`2)
`Paper No(s)/Mail Date 11/14/2015 and 07/13/2015
`US. Patent and Trademark Office
`
`3) |:| Interview Summary (PTO—413)
`Paper No(s)/Mail Date
`4) D Other'
`
`PTOL—325 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20180226
`
`

`

`Application/Control Number:14/941,583
`Art Unit:2482
`
`Page2
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`DETAILED ACTION
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`Notice of Pre-AIA or AM Status
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`first inventor to file provisions of the AIA.
`
`Status of the Application
`
`Claims 1—8 are currently pending in this application.
`
`Specification
`
`The title of the invention is not descriptive. A new title is required that is clearly
`
`indicative of the invention to which the claims are directed.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C.112(d):
`
`(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall
`contain a reference to a claim previously set forth and then specify a further limitation of the subject
`matter claimed. A claim in dependent form shall be construed to incorporate by reference all the
`limitations of the claim to which it refers.
`
`The following is a quotation of pre—AIA 35 U.S.C. 112, fourth paragraph:
`
`Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in
`dependent form shall contain a reference to a claim previously set forth and then specify a further
`limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate
`by reference all the limitations of the claim to which it refers.
`
`Claim 7 is rejected under 35 U.S.C. 112(d) or pre—AIA 35 U.S.C. 112, 4th paragraph, as
`
`being of improper dependent form for failing to further limit the subject matter of the claim
`
`upon which it depends, or for failing to include all the limitations of the claim upon which it
`
`depends. Independent claim 1 recites, "a transmitting step of transmitting the generated
`
`encoded stream, and the generated information indicating the association relationship.”
`
`Dependent claim 7 recites, "wherein the generating step includes generating the encoded
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`

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`Application/Control Number:14/941,583
`Art Unit22482
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`stream including the information indicating the association relationship, and the transmitting
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`step includes transmitting the encoded stream including the information indicating the
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`association relationship.” Dependent claim 7 doesn’t further limit the claims. Applicant may
`
`cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite
`
`the claim(s) in independent form, or present a sufficient showing that the dependent claim(s)
`
`complies with the statutory requirements.
`
`Claim Rejections - 35 USC § 101
`
`35 U.S.C. 101 reads as follows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture, or composition of
`matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the
`conditions and requirements of this title.
`
`Claims 1—3 and 7 are rejected under 35 U.S.C. 101 because the claimed invention is
`
`directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract
`
`idea) without significantly more. Claim 1 is directed to the abstract idea of transmitting
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`encoded data. The elements of the claims limitations describe the generating, organizing, and
`
`transmitting of data. The claim(s) does/do not include additional elements that are sufficient to
`
`amount to significantly more than the judicial exception because the additional elements are
`
`describing the generation and transmission of data on a generic computer. The recitation of the
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`limitations are shown to be using categories to organize, store, and transmit information
`
`(i.e., the steps of transmitting, receiving, and communicating), which is similar to concepts that
`
`have been identified as abstract by the courts, such as using categories to organize, store and
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`transmit information in Cyberfone or comparing new and stored information and using rules to
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`

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`Application/Control Number:14/941,583
`Art Unit22482
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`identify options in SmartGene. The claim as a whole does not amount to significantly more than
`
`the abstract idea itself. See the Eligibility Test below.
`
`For Step 1 of the Eligibility Test, the claims 1—8 fall within one of the four statutory
`
`categories of invention (Step 1: Yes). Specifically, claims 1—8 fall within a process, i.e., an
`
`invention that is claimed as an act or step, or a series of acts or steps.
`
`For Step 2A of the Eligibility Test, the claim recites generating (e.g., generating encoded
`
`stream) and transmitting information (e.g., transmitting the generated encoded stream), which
`
`the courts have considered to fall within the judicial exceptions, e.g., as abstract ideas. Thus,
`
`the claim is directed to a judicial exception (Step 2A: Yes).
`
`Regarding claim 1, for Step 28 of the Eligibility Test, the claim is analyzed as a whole is
`
`analyzed to determine whether any element, or combination of elements, is sufficient to
`
`ensure that the claim amounts to significantly more than the exception. First, the claim recites
`
`the encoded video stream includes a packet which is obtained by packetizing the encoded data
`
`and to which at least a different packet ID has been allocated according to a layer level of the
`
`encoded data, and information indicating an association relationship between the packet ID
`
`and the layer level. Secondly, the claim recites transmitting the generated encoded stream and
`
`the generated information indicating the association relationship. These generations of data,
`
`storage and assignment of data, and the transmission of the data is not sufficient to transform
`
`the recited judicial exception into a patent—eligible invention. (Step 28: No) The claim is not
`
`patent eligible.
`
`Regarding claim 2, for Step 28 of the Eligibility Test, the claim recites the layer level
`
`includes a base layer level and an enhancement layer level, the encoded data of the base layer
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`

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`Application/Control Number:14/941,583
`Art Unit22482
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`Page5
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`level is independently decodable data or is decodable data by referring to decoded data of
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`another encoded data of the base layer level, 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.
`
`While the features of claim 2 are similar to claim 8 (which adds significantly more), the claim
`
`limitations in claim 2 are not as clear as to amounting to significantly more than the abstract
`
`idea itself. These storage and assignment of data is not sufficient to transform the recited
`
`judicial exception into a patent—eligible invention. (Step 28: No) The claim is not patent eligible.
`
`Regarding claim 3, for Step 2B of the Eligibility Test, the claim recites 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 of the enhancement layer level; 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, and the transmitting step includes
`
`transmitting the first encoded stream by using a first channel, and transmitting the second
`
`encoded stream by using a second channel different from the first channel. These generations
`
`of data, storage and assignment of data, and the transmission of the data is not sufficient to
`
`transform the recited judicial exception into a patent—eligible invention. (Step ZB: No) The claim
`
`is not patent eligible.
`
`Regarding claim 4, for Step ZB of the Eligibility Test, the claim recites generating the first
`
`encoded stream and the second encoded stream according to different multiplexing methods.
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`

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`Application/Control Number:14/941,583
`Art Unit22482
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`Page6
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`The vague generation step of data is not sufficient to transform the recited judicial exception
`
`into a patent—eligible invention. (Step 28: No) The claim is not patent eligible.
`
`Regarding claim 5, for Step ZB of the Eligibility Test, the claim recites generating one of
`
`the first encoded stream and the second encoded stream according to MPEG—2 TS (Moving
`
`Picture Experts Group—2 Transport Stream); and generating the other one of the first encoded
`
`stream and the second encoded stream according to MMT (MPEG Media Transport). The
`
`generation of data is not sufficient to transform the recited judicial exception into a patent—
`
`eligible invention. (Step 2B: No) The claim is not patent eligible.
`
`Regarding claim 6, for Step ZB of the Eligibility Test, the claim recites wherein one of the
`
`first channel and the second channel is a channel for broadcasting, and the other one of the
`
`first channel and the second channel is a channel used for communication. The channels for the
`
`transmission ofthe data is not sufficient to transform the recited judicial exception into a
`
`patent—eligible invention. (Step 23: No) The claim is not patent eligible.
`
`Regarding claim 7, for Step 2B of the Eligibility Test, the claim recites generating the
`
`encoded stream including the information indicating the association relationship, and the
`
`transmitting step includes transmitting the encoded stream including the information indicating
`
`the association relationship. These generations of data, storage and assignment of data is not
`
`sufficient to transform the recited judicial exception into a patent—eligible invention. (Step 23:
`
`No) The claim is not patent eligible.
`
`Regarding claim 8, for Step ZB of the Eligibility Test, the claim recites 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
`
`

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`Application/Control Number:14/941,583
`Art Unit22482
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`Page7
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`stream which is necessary to decode the encoded stream. The claim limitations are indicating
`
`the type of determination that is being made which amounts to significantly more than the
`
`abstract idea itself. (Step 23: Yes) The claim is patent eligible.
`
`Claim Rejections - 35 USC § 102
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre—AIA 35 U.S.C. 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
`
`prior art relied upon, and the rationale supporting the rejection, would be the same under
`
`either status.
`
`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 —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale
`or otherwise available to the public before the effective filing date of the claimed invention.
`
`Claim(s) 1, 2, 7, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim
`
`et al. (Hereafter, "Kim”) [US 2010/0272190 A1].
`
`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), the transmitting method comprising:
`
`a generating step of generating an encoded stream including a packet which is obtained
`
`by packetizing the encoded data ([0052] The MUX 114 packetizes the base-layer video stream,
`
`the enhancement video stream and the audio stream output from the encoders 112 and 113
`
`

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`Application/Control Number:14/941,583
`Art Unit22482
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`Page8
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`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.) and to which at
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`least a different packet ID has been allocated according to a layer level of the encoded data,
`
`and information indicating an association relationship between the packet ID and the layer level
`
`([0051 and Fig. 4] The MUX 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 (PIDs) are allocated to a video
`
`stream corresponding to a base layer, a video stream corresponding to an enhancement
`
`layer, and an audio stream); and
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`a 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 packet, a base-layer video
`
`packet, an enhancement-layer video packet (PID-PMT, PID_video_base layer,
`
`PID_video_enhancement layer and PID_audio). Respective PID values thereof are ‘100‘, ‘200‘,
`
`‘201‘ and ‘202‘).
`
`

`

`Application/Control Number:14/941,583
`Art Unit22482
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`In regards to claim 2, the limitations of claim 1 have been addressed. Kim discloses
`
`wherein the layer level includes a base layer level and an enhancement layer level (0032] The
`
`two layers are a base layer and an enhancement layer.),
`
`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.).
`
`In regards to claim 7, the limitations of claim 1 have been addressed. Kim discloses
`
`wherein the generating step includes generating the encoded stream including the information
`
`indicating the association relationship ([0053] That is, as shown in FIG. 2, the TS generated at
`
`

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`Application/Control Number:14/941,583
`Art Unit22482
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`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 transmitting step includes transmitting the encoded stream including the
`
`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 packet, a base-layer video packet, an
`
`enhancement-layer video packet (PID-PMT, PlD_video_base layer, PlD_video_enhancement
`
`layer and PlD_audio). Respective PID values thereof are ‘100‘, ‘200‘, ‘201‘ and ‘202‘).
`
`In regards to claim 8, the limitations of claim 7 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.).
`
`

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`Claim Rejections - 35 USC § 103
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre—AIA 35 U.S.C. 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
`
`prior art relied upon, and the rationale supporting the rejection, would be the same under
`
`either status.
`
`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 Co., 383 US. 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.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`Claims 3, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in
`
`view of Kim et al. (Hereafter, "Kim052") [US 2010/0266052 A1].
`
`

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`Application/Control Number:14/941,583
`Art Unit22482
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`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 of the 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 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 (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 first
`
`channel, and transmitting the second encoded stream by using a second channel different from
`
`the first channel ([0036] The scalable transmission unit 117 separates the MPEG-2 TS 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
`
`broadcasting [See Kim, 0059]. However, Kim doesn't explicitly disclose the transmitting step
`
`

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`Application/Control Number:14/941,583
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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
`
`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
`
`stream via a different transmission channel from the transmission channel of the base layer
`
`stream) from the first channel ([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
`
`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
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`transformed elementary stream [See Kim052, 0065].
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`Application/Control Number:14/941,583
`Art Unit22482
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`Page14
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`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.
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`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
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`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).
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`It would have been to one of ordinary skill in the art before the effective filing date of
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`the claimed invention to modify the teachings of Kim with the multiplexing of the video streams
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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
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`transmittable via a different channel such as a T-DMB transmission network channel, a DMB
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`network channel, a communication network channel, and the like, and thereby transmit the
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`transformed elementary stream [See Kim052, 0065].
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`In regards to claim 6, the limitations of claim 3 have been addressed. Kim discloses
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`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
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`Kim fails to explicitly disclose the other one of the first channel and the second channel
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`is a channel used for communication.
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`Kim052 discloses wherein one of the first channel and the second channel is a channel
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`for broadcasting ([0051] The base layer channel decoder 309 may receive a base layer TS via a
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`

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`Application/Control Number:14/941,583
`Art Unit22482
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`Page15
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`conventional T-DMB transmission network and perform channel decoding for the base layer
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`TS.), and the other one of the first channel and the second channel is a channel used for
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`communication ([0042] According to an aspect of the present invention, depending on
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`setting, the transmission channel determining unit 221 may determine a transmission
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`channel of a conventional T-DMB network, a satellite DMB network, a communication
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`network, and the like and transmit enhancement layer data via the determined transmission
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`channeLL
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`It would have been to one of ordinary skill in the art before the effective filing date of
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`the claimed invention to modify the teachings of Kim with the transmission of the base layer
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`stream and the enhancement layer stream through different transmission channels as taught
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`by Kim052. The motivation behind this modification would have been to simplify a system
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`operation, multiplexing and outputting an audio ES and a data ES and to transform the ES to be
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`transmittable via a different channel such as a T—DMB transmission network channel, a DMB
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`network channel, a communication network channel, and the like, and thereby transmit the
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`transformed elementary stream [See Kim052, 0065].
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`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in View of
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`Kim052 in further View of Hwang et al. (Hereafter, "Hwang") [US 2013/0097627 A1].
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`In regards to claim 5, the limitations of claim 4 have been addressed. Kim discloses
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`wherein the generating step includes:
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`

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`Application/Control Number:14/941,583
`Art Unit22482
`
`Page16
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`generating one of the first encoded stream and the second encoded stream according
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`to MPEG—2 TS (Moving Picture Experts Group—2 Transport Stream) ([0035] generating Moving
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`Picture Experts Group (MPEG)-2 transport stream (TS) packets); and
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`Kim discloses that the TS packets are MPEG—2 TS packets. Kim fails to explicitly disclose
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`generating one of the first encoded stream and the second encoded stream according to
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`MPEG—2 TS (Moving Picture Experts Group—2 Transport Stream); and generating the other one
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`of the first encoded stream and the second encoded stream according to MMT (MPEG Media
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`Transport).
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`Hwang discloses generating one of the first encoded stream and the second encoded
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`stream according to MPEG—2 TS (Moving Picture Experts Group—2 Transport Stream); and
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`generating the other one of the first encoded stream and the second encoded stream according
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`to MMT (MPEG Media Transport) ([Fig. 4 and 0110] the streams are in MPEG-2 and MMT
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`format).
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`It would have been to one of ordinary skill in the art before the effective filing date of
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`the claimed invention to modify the teachings of Kim with the ability to have both or either
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`stream in MPEG—2 or MMT format as taught by Hwang in order to have a stream that may be
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`analyzed by both the existing broadcast receiver and a receiver supporting MMT [See Hwang,
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`0110)
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`Any inquiry concerning this communication or earlier communications from the
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`Contact Information
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`examiner should be directed to Kaitlin A Retallick whose telephone number is (571)270—3841.
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`The examiner can normally be reached on Monday—Friday 8am—5pm.
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`

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`Application/Control Number:14/941,583
`Art Unit22482
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`Page17
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`Examiner interviews are available via telephone, in—person, and video conferencing
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`using a USPTO supplied web—based collaboration tool. To schedule an interview, applicant is
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`encouraged to use the USPTO Automated Interview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Chris Kelley can be reached on (571)