`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
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`14/965,900
`
`12/11/2015
`
`NORITAKA IGUCHI
`
`2016—0076T
`
`5352
`
`Wenderoth, Lind & Ponack, L.L.P.
`1030 15th Street, NW, Suite 400 East
`Washington, DC 20005
`
`HUNTER, MISHAWNN
`
`ART UNIT
`
`2484
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/24/2018
`
`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):
`e0a@ wenderoth.c0m
`ddalecki @wenderoth.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 14/965,900 IGUCHI ET AL.
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2484Mishawn Hunter $2213
`
`-- 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 g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions 0137 CFR 1.136(a).
`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).
`
`In no event, however, may a reply be timely filed
`
`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 12/11/15.
`[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.
`2a)IZ| 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.
`
`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/Osb)
`
`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 01182018
`
`Disposition of Claims*
`5)|XI Claim(s) Bis/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s E? is/are rejected.
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`is/are objected to.
`
`) )
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`_
`
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`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* 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
`hit
`://www.usoto. ov/ atentS/init events"
`h/index.‘s
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`
`
`
`
`, or send an inquiry to PF"l-Ifeedback{<‘buspto.qov.
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`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 12/11/15 is/are: a)lZl 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.IZI 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: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.
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`Attachment(s)
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`
`
`

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`Application/Control Number: 14/965,900
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`Page 2
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`Art Unit: 2484
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`Response to Arguments
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`2.
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`Applicant’s arguments, see pg. 5 of Remarks, filed 10/5/17, with respect to the
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`rejection of claims 1-7 under 35 U.S.C. 101 have been fully considered and are
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`persuasive. The rejection of claims 1-7 under 35 U.S.C. 101 has been withdrawn.
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`3.
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`Applicant’s arguments with respect to claims 1-9 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
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`current rejection.
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`Claim Rejections - 35 USC § 103
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`4.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`5.
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`This application currently names joint inventors. In considering patentability of the
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`claims the examiner presumes that the subject matter of the various claims was
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`commonly owned as of the effective filing date of the claimed invention(s) absent any
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`

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`Application/Control Number: 14/965,900
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`Page 3
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`Art Unit: 2484
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`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
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`point out the inventor and effective filing dates of each claim that was not commonly
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`owned as of the effective filing date of the later invention in order for the examiner to
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`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
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`prior art against the later invention.
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`6.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`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.
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`7.
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`Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kato
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`(US Pat. No. 6,993,248) in view of Takagaki et al. (US Pub. No. 2011/0113123).
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`8.
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`Consider claim 1. Kato teaches a storage method comprising: a reception step of
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`receiving, using a receiver, a coded stream including a plurality of files that are of a data
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`unit in a predetermined file format (col. 3, line 65 - col. 4, line 10 describe receiving a
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`transport stream in accordance with MPEG2 format); a storage step of storing, in a
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`memory, the received plurality of files of the coded stream in a memory (col. 6, line 61 —
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`col. 7, line 2 describe a recording medium to store the received video stream in); and a
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`generation step of generating, using a generator, first control information used to play
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`back the stored plurality of files, the first control information including playback start
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`times in the memory usable for correlating the plurality of files (col. 5, lines 11-39
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`describe a transport-stream-management-table for generating information a plurality of
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`random-access points of video and audio streams used to playback the stored video
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`

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`Application/Control Number: 14/965,900
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`Page 4
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`Art Unit: 2484
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`and audio streams; col. 11, lines 14-18 describe a presentation time stamp of audio and
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`video).
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`Kato does not teach the first control information including a playback order.
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`However, Takagaki et al. teaches the first control information including a
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`playback order (para. 0067 describes content reproduction control information that
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`defines the reproduction order of the AV data).
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`Therefore, it would have been obvious to one with ordinary skill in the art, before
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`the effective filing date of the claimed invention, wherein the first control information
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`includes a playback order, in order to deliver desired content to a reproduction device
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`as suggested in the prior art.
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`9.
`
`Consider claim 2. Kato teaches the storage method according to claim 1, wherein
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`the coded stream includes second control information, and in the generation step,
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`information indicating order of playing back the plurality of files is generated as the first
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`control information by analyzing the second information (col. 11, lines 14-27 describe
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`the presentation time stamp (PTS) of an audio frame or an | picture).
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`10.
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`Consider claim 3. Kato teaches the storage method according to claim 2, wherein
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`the plurality of files include a first file belonging to first media and a second file
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`belonging to second media, and in the generation step, information correlating the first
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`file and the second file is generated as the first control information by analyzing the
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`second control information (fig. SB, video 1 and video 2 show correlating the first file
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`and the second file is generated as the first control information by analyzing the second
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`control information).
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`

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`Application/Control Number: 14/965,900
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`Page 5
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`Art Unit: 2484
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`11.
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`Consider claim 4. Kato teaches the storage method according to claim 3, wherein
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`each of the plurality of files is a randomly accessible file having a random access unit,
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`and in the generation step, clock time information indicating a playback start clock time
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`of each of the plurality of files is generated as the first control information by analyzing
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`the second control information (col. 5, lines 40-57 describe randomly accessible file
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`having a random access unit, and generated transport-stream-management-table by
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`analyzing the PTS).
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`12.
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`Consider claim 5. Kato teaches the storage method according to claim 4,
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`wherein, in the generation step, the information correlating the first file and the second
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`file is generated as the first control information, the first file and the second file being
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`identical to each other in the playback start clock time (col. 5, lines 40-57 describe the
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`first file and the second file being identical to each other in the playback start clock
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`time).
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`13.
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`Consider claim 6. Kato teaches the storage method according to claim 1,
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`wherein, in the generation step, information indicating recording positions in the memory
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`of the plurality of files is generated as the first control information when the plurality of
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`files are stored in the memory in the storage step (col. 5, lines 30-39 describe an
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`address representing the location of playback data).
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`14.
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`Claim 7 is rejected using similar reasoning as corresponding claim 1 above.
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`15.
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`Consider claim 8. Kato teaches a storage apparatus comprising: a receiver that
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`receives a coded stream including a plurality of files that are of a data unit in a
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`predetermined file format (fig. 1 shows a PID filter 11 for receiving a transport stream in
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`Application/Control Number: 14/965,900
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`Page 6
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`Art Unit: 2484
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`accordance with MPEG2 format); a memory that stores the plurality of files of the coded
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`stream received by the receiver (fig. 21 shows a recording medium 21 for storing the
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`transport stream); and a generator that generates control information used to play back
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`the plurality of files stored in the memory, the first control information including playback
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`start times in the memory usable for correlating the plurality of files (col. 5, lines 11-39
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`describe a transport-stream-management-table for generating information a plurality of
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`random-access points of video and audio streams used to playback the stored video
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`and audio streams; col. 11, lines 14-18 describe a presentation time stamp of audio and
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`video).
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`Kato does not teach the first control information including a playback order.
`
`However, Takagaki et al. teaches the first control information including a
`
`playback order (para. 0067 describes content reproduction control information that
`
`defines the reproduction order of the AV data).
`
`Therefore, it would have been obvious to one with ordinary skill in the art, before
`
`the effective filing date of the claimed invention, wherein the first control information
`
`includes a playback order, in order to deliver desired content to a reproduction device
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`as suggested in the prior art.
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`16.
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`Claim 9 is rejected using similar reasoning as corresponding claim 8 above.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`

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`Application/Control Number: 14/965,900
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`Page 7
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`Art Unit: 2484
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`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
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Mishawn Hunter whose telephone number is (571 )272-
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`7635. The examiner can normally be reached on Monday - Friday 7:30 AM to 5:00 PM.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Thai Tran can be reached on (571)272—7382. The fax phone number for the
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`organization where this application or proceeding is assigned is 571 -273-8300.
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`

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`Application/Control Number: 14/965,900
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`Page 8
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`Art Unit: 2484
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272—1 000.
`
`/Mishawn Hunter/
`
`Primary Examiner, Art Unit 2484
`
`