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 2231371450
`www.uspto.gov
`
`15/446,484
`
`03/01/2017
`
`NORITAKA IGUCHI
`
`2017-0613T
`
`4040
`
`52349
`
`759°
`
`03/26/20”
`
`WENDEROTH, LIND & PONACK L.L.P.
`1030 15th Street, N.W.
`Suite 400 East
`
`Washington, DC 20005-1503
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`TOKUTA'SHEAN S
`
`ART UNIT
`2446
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`03/26/2019
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`eoa @ wenderoth. com
`kmiller @ wenderotheom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0,7709 A0170” Summary
`
`Application No.
`15/446,484
`Examiner
`SH EAN TOKUTA
`
`Applicant(s)
`IGUCHI et al.
`Art Unit
`2446
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
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`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
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`1). Responsive to communication(s) filed on 03/01/2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`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.
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`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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
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`6 7
`
`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. 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
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`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
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`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:
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`a)D All
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`b)I:l Some**
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`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`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.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 03012017, 10252017.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190320
`
`

`

`Application/Control Number: 15/446,484
`Art Unit: 2446
`
`Page 2
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`DETAILED ACTION
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`This action is responsive to the pending claims, 1-6, received 1 March 2017. Accordingly, the
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`detailed action of claims 1-6 is as follows:
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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 first
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`inventor to file provisions of the AIA.
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`Priority
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`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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`Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior
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`to declaration of an interference, a certified English translation of the foreign application must be
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`submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
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`Failure to provide a certified translation may result in no benefit being accorded for the non-
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`English application.
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`Information Disclosure Statement
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`The information disclosure statement (IDS) submitted on 03/01/2017, 10/25/2017 is in
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`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is
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`being considered by the examiner.
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`Claim Interpretation
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`The following is a quotation of 35 U.S.C. 112(f):
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`

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`Application/Control Number: 15/446,484
`Art Unit: 2446
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`Page 3
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`(f) Element in Claim for a Combination. — An element in a claim for a combination may be expressed as
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`a means or step for performing a specified function without the recital of structure, material, or acts
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`in support thereof, and such claim shall be construed to cover the corresponding structure, material,
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`or acts described in the specification and equivalents thereof.
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`The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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`An element in a claim for a combination may be expressed as a means or step for performing a
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`specified function without the recital of structure, material, or acts in support thereof, and such claim
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`shall be construed to cover the corresponding structure, material, or acts described in the
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`specification and equivalents thereof.
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`This application includes one or more claim limitations that do not use the word ”means,” but
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`are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph,
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`because the claim limitation(s) uses a generic placeholder that is coupled with functional language
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`without reciting sufficient structure to perform the recited function and the generic placeholder is not
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`preceded by a structural modifier. Such claim limitation(s) is/are: ”a generator that...a first buffer that...
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`a second buffer that...a third buffer that...a fourth buffer that...a decoder that” as in claim 1, 4.
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`Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA
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`35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure
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`described in the specification as performing the claimed function, and equivalents thereof.
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`If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or
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`pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may:
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`(1) amend the claim limitation(s) to avoid it/them
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`being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting
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`sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim
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`

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`Application/Control Number: 15/446,484
`Art Unit: 2446
`
`Page 4
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`|imitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being
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`interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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`Claim Rejections - 35 USC § 103
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
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`and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`This application currently names joint inventors. In considering patentability of the claims the
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`examiner presumes that the subject matter of the various claims was commonly owned as of the
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`effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised
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`of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that
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`was not commonly owned as of the effective filing date of the later invention in order for the examiner
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`to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art
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`against the later invention.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`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
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`not identically disclosed as set forth in section 102, if the differences between the claimed invention
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`and the prior art are such that the claimed invention as a whole would have been obvious before the
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`effective filing date of the claimed invention to a person having ordinary skill in the art to which the
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`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
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`was made.
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`

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`Application/Control Number: 15/446,484
`Art Unit: 2446
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`Page 5
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`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459 (1966),
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`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are
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`summarized as follows:
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`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.
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`Claim 1, 4-6 rejected under 35 U.S.C. 103 as being unpatentable over Association of Radio Industries
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`and Businesses (MMT-based media transport scheme in digital broadcasting systems, hereafter
`
`referred to as ARIB) in view of Frink et al (US 20090285217 A1, hereafter referred to as Frink).
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`Regarding claim 1, ARIB teaches a transmitting device comprising:
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`a transmitter that sequentially transmits a transmitting packet obtained by packetizing the
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`encoded stream (ARIB discloses a TLV stream comprised of a sequence of TLV packets wherein the TLV
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`packets correspond to a IP dataflow wherein the IP data flow consists of packetized media assets in
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`MMTs), wherein the transmitting packet includes a packet header of a fixed length and a payload of a
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`variable length (ARIB discloses a TLV packet including, as payload, encapsulated IP packets), and
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`the receiving buffer model in the receiving device includes a first buffer that converts a packet
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`into a first packet to output the first packet at a first fixed bit rate (ARIB discloses an IP buffer which
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`extracts MMTP packets from IP packets), the packet being stored in the transmitting packet
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`sequentially received by the receiving device (ARIB discloses the IP packets are contained in the TLV
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`packets) and including a packet header of a variable length and a payload of a variable length (ARIB
`
`

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`Application/Control Number: 15/446,484
`Art Unit: 2446
`
`Page 6
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`discloses an IP packet corresponding to a protocol including a variable length header and payload), and
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`the first packet including a packet header of a fixed length of a decompressed header (ARIB discloses a
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`MMTP packet header),
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`a second buffer that converts the first packet into a second packet to output the second packet
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`at a second fixed bit rate, the second packet including a packet header and a payload of a variable length
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`(ARIB discloses a MMTP transport buffer which classifies MMTP packets to output the MMTP packets
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`based on asset classification),
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`a third buffer that converts the second packet into a Network Abstraction Layer (NAL) unit to
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`output the NAL unit at a third fixed bit rate (ARIB discloses a MMTP buffer which extracts NAL units from
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`the payload of the MMTP packet), and
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`a fourth buffer that generates an access unit from a plurality of the sequentially accumulated
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`NAL units to output the access unit to a decoder in the receiving device at a timing of a decoding time
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`corresponding to the access unit (ARIB discloses a pre-decoder buffer which converts NAL units to
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`access units to decoders based on DTS timing).
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`Frink, in an analogous art, teaches a generator that generates an encoded stream by using rate
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`control satisfying a determined definition of a receiving buffer model in a receiving device to guarantee
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`a buffering operation in the receiving device (Frink [0006] discloses timing the departure of each packet
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`and shaping the transmission based on decoder (recipient) buffer size to control a model of the receive
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`buffer).
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`It would have been obvious for a person having ordinary skill in the art, before the effective
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`filing date of the claimed invention to modify ARIB in view of Frink in order to configure the generation
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`of the encoded stream, as taught by ARIB, by using rate control satisfying a determined definition of a
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`receiving buffer model in a receiving device to guarantee a buffering operation in the receiving device,
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`as taught by Frink.
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`

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`Application/Control Number: 15/446,484
`Art Unit: 2446
`
`Page 7
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`One of ordinary skill in the art would have been motivated in order avoid a buffer underflow or
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`overflow problem.
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`Regarding claim 4, ARIB-Frink teaches a receiver (ARIB discloses a receiver obtaining TLV
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`packets) and a decoder that decodes the access unit (ARIB [Figure C2-1] discloses a video decoder or
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`audio decoder which decodes the access unit). The additional features of claim 4 do not teach or further
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`limit over the limitations presented above with respect to claim 1.
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`Therefore, claim 4 is rejected for the reasons set forth above regarding claim 1.
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`Regarding claim 5, it does not teach or further limit over the limitations presented above with
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`respect to claim 1.
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`Therefore, claim 5 is rejected for the same reasons set forth above regarding claim 1.
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`Regarding claim 6, it does not teach or further limit over the limitations presented above with
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`respect to claim 4.
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`Therefore, claim 6 is rejected for the same reasons set forth above regarding claim 4.
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`Claim 2 rejected under 35 U.S.C. 103 as being unpatentable over Association of Radio Industries and
`
`Businesses (MMT-based media transport scheme in digital broadcasting systems, hereafter referred to
`
`as ARIB) in view of Frink et al (US 20090285217 A1, hereafter referred to as Frink) as applied above
`
`regarding claim 1, further in view of Tsukagoshi (US 20150373380 A1, hereafter referred to
`
`Tsukagoshi).
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`

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`Application/Control Number: 15/446,484
`Art Unit: 2446
`
`Page 8
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`Regarding claim 2, ARIB-Frink teaches the limitations of claim 1, as rejected above.
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`However, ARIB-Frink does not explicitly teach the transmitting device, wherein the first bit rate
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`of the receiving buffer model in the receiving device is set according to a transmission rate obtained
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`after a packet header of the first packet is decompressed.
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`Tsukagoshi, in an analogous art, teaches the transmitting device, wherein the first bit rate of
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`the receiving buffer model in the receiving device is set according to a transmission rate obtained after a
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`packet header of the first packet is decompressed (Tsukagoshi [0013-0014] discloses the timing or
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`output of one or more access units is determining according to time information inserted into the
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`header [0011]).
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`It would have been obvious for a person having ordinary skill in the art, before the effective
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`filing date of the claimed invention to modify ARIB-Frink in view of Tsukagoshi in order to configure the
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`first bit rate of the receiving buffer model in the receiving device is set according to a transmission
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`rate obtained after a packet header of the first packet is decompressed, as taught by Tsukagoshi.
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`One of ordinary skill in the art would have been motivated in order to permit time information,
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`for obtaining decoded time and presentation time, to reliably be delivered to a receiver such that the
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`transport media can be reliably processed (Tsukagoshi [0016-0017]).
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`Claim 3 rejected under 35 U.S.C. 103 as being unpatentable over Association of Radio Industries and
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`Businesses (MMT-based media transport scheme in digital broadcasting systems, hereafter referred to
`
`as ARIB) in view of Frink et al (US 20090285217 A1, hereafter referred to as Frink) as applied above
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`regarding claim 1, further in view of Suzuki et al (US 20150281713 A1, hereafter referred to as Suzuki).
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`Regarding claim 3, ARIB-Frink teaches the limitations of claim 1, as rejected above.
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`

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`Application/Control Number: 15/446,484
`Art Unit: 2446
`
`Page 9
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`However, ARIB-Frink does not explicitly teach the transmitting device, wherein the encoded
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`stream is a stream obtained by storing in a multiplexing layer the NAL unit in an NAL size format having a
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`head to which a size area of four bytes added.
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`Suzuki, in an analogous art, teaches the transmitting device, wherein the encoded stream is a
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`stream obtained by storing in a multiplexing layer the NAL unit in an NAL size format having a head to
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`which a size area of four bytes added (Suzuki [0317, 0354, 0422]).
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`It would have been obvious for a person having ordinary skill in the art, before the effective
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`filing date of the claimed invention to modify ARIB-Frink in view of Suzuki in order to configure the
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`transmitting device, as taught by ARIB-Frink, to store in a multiplexing layer the NAL unit in an NAL size
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`format having a head to which a size area of four bytes added, as taught by Suzuki.
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`One of ordinary skill in the art would have been motivated in order to reduce a required
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`processing burden associated with a stream (Suzuki [0007, 0008]).
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`Conclusion
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`The teachings of the prior art should not be restricted and/or limited to the citations by columns
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`and line numbers, as specified in the rejection. Although the specified citations are representative of
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`the teachings of the art and are applied to specific limitations within the individual claim, other
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`passages and figures may apply as well. It is respectfully requested from the applicant in preparing
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`responses, to fully consider the references in its entirety as potentially teaching all or part of the claimed
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`invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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`In the case of amendments, Applicant is respectfully requested to indicate the portion(s) of
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`the specification which dictate(s) the structure relied on for proper interpretation and support, for
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`ascertaining the metes and bounds of the claimed invention.
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`

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`Application/Control Number: 15/446,484
`Art Unit: 2446
`
`Page 10
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to SHEAN TOKUTA whose telephone number is (571)272-5145. The examiner can
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`normally be reached on M-TH 630-430.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`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 supervisor,
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`Brian Gillis can be reached on 5712727952. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see http://pair-
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`CANADA) or 571-272-1000.
`
`SHEAN TOKUTA
`
`Primary Examiner
`
`Art U nit 2446
`
`

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`Application/Control Number: 15/446,484
`Art Unit: 2446
`
`/SHEAN TOKUTA/
`
`Primary Examiner, Art Unit 2446
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`Page 11
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