`
`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
`wwwusptogov
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`
`
`
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`15/045,373
`
`02/17/2016
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`TADAMASA TOMA
`
`2016—0427T
`
`9057
`
`Wenderoth, Lind & Ponack, L.L.P.
`1030 15th Street, NW, Suite 400 East
`Washington, DC 20005
`
`ALCON, FERNANDO
`
`ART UNIT
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`2425
`
`PAPER NUIVIBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`03/28/2018
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`e0a@ wenderoth.c0m
`kmiller @ wenderoth.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/045,373 TOMA ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`FERNANDO ALCON $2215 2425
`
`-- 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 of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on 1/11/2018.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|ZI This action is non-final.
`2a)|:l 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)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)IZI Claim(s) 1,2 and 4-10 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_,_1-24- 10is/are rejected.
`8)|:| Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I 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
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 2/17/2016is/are: a)lX| 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).
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`Priority under 35 U.S.C. § 119
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`12)IXI 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)IZl All
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`b)|:l Some” c)I:l None of the:
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`1.IXI Certified copies of the priority documents have been received.
`2.|:l 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
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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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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20180222
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`

`

`Application/Control Number: 15/045,373
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`Page 2
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`Art Unit: 2425
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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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`DETAILED ACTION
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`Continued Examination Under 37 CFR 1. 1 14
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`A request for continued examination under 37 CFR 1.114, including the fee set
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`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
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`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
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`1/11/2018 has been entered.
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`Response to Arguments
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`Applicant’s arguments with respect to claims have been considered but are moot
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`in view of new grounds of rejection.
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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
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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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`

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`Application/Control Number: 15/045,373
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`Page 3
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`Art Unit: 2425
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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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`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
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`USPQ 459 (1966), that are applied for establishing a background for determining
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`obviousness under 35 U.S.C. 103 are 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
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`obviousness or nonobviousness.
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`Claims 1, 5, 9, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable
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`over Laurent et al. (US 2013/0335629) in view of Mitsuya et al. (WO 2012/161129)
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`(Mitsuya et al. (US 2014/0075472) will be referenced as the English translation).
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`Regarding claim 1, 5, 9 and 10, Laurent discloses a transmitting method and
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`transmitting apparatus for transmitting contents using a broadcast wave and a
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`communication path, the transmitting method comprising:
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`including content information in application control information when transmitting
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`the contents using both the broadcast wave and the communication path, the
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`content information being information for synchronizing a content transmitted by using
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`

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`Application/Control Number: 15/045,373
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`Page 4
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`Art Unit: 2425
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`the broadcast wave with a content transmitted by using the communication path at
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`a reception side that receives the contents and being related to the content transmitted
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`by using the communication path (See Fig 1 and [0025-0031] receiving content via
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`broadcast and broadband paths read on broadcast and communication path. Timing
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`reference data received with broadcast content. See [0038] countdown information
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`indicates timeline for display of synchronized content) and information generator
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`generating application control information and information transmitter (See [0026]
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`content distribution system/server and corresponding conventional transmission
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`infrastructure), a receiver and reproducer (See Fig 1, Fig 4, and [0039-0041]).
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`Furthermore the cited portions disclose synchronizing content received (i.e., cited
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`portions read on a receiver/receiving method); and
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`transmitting the application control information by using at least the broadcast
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`wave in the broadcast wave and the communication path (See [0032-0036] receiving
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`synchronization control information over both networks).
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`Laurent further discloses wherein in the transmitting of the application control
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`information, the application control information further includes differential information
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`between a reference clock of the content transmitted by using the broadcast wave and a
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`reference clock of the content transmitted by using the communication path (See [0028-
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`0038] PCR and [0016], synchronization data and countdown information read on
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`differential information.
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`[0034] synchronization data used to render a broadcast video
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`frame and broadband audio frame at the same time.).
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`

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`Application/Control Number: 15/045,373
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`Page 5
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`Art Unit: 2425
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`Laurent does not disclose transmitting contents in a multiplexing format of an
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`MPEG Media Transport (MMT) or MPEG Dynamic Adaptive Streaming over HTTP
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`(MPEG-DASH) and including the content information in an enhanced application
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`information table.
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`Mitsuya discloses that it was known to transmit contents in a multiplexing format
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`of an MPEG Media Transport (MMT) or MPEG Dynamic Adaptive Streaming over HTTP
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`(MPEG-DASH) (See [0166] MMT) and including the content information in an enhanced
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`application information table (See [0100] NT application information table. See also
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`[0109-0116]. Note the specification discloses an AIT, however, the specification does
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`not appear to define “enhanced” therefore the term is interpreted under the broadest
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`reasonable interpretation as improving a standard AlT with information related to
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`running particular application.).
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`Prior to the invention being filed it would have been obvious to one ordinary skill
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`in the art to modify the known system of Laurent with the known methods of Mitsuya
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`predictably resulting in transmitting contents in a multiplexing format of an MPEG Media
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`Transport (MMT) or MPEG Dynamic Adaptive Streaming over HTTP (MPEG-DASH)
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`and including the content information in an enhanced application information,
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`transmitting the enhanced application information table and including the differential
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`information in the enhanced application information table by applying the court
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`recognized rational of applying a known technique to a known device (method, or
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`product) ready for improvement to yield predictable results. The modification would
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`have the benefit of transmitting content using improved transmission standards.
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`

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`Application/Control Number: 15/045,373
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`Page 6
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`Art Unit: 2425
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`Regarding claim 4 and 8, Laurent in view of Mitsuya further discloses the
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`transmitting method according to claim 1, wherein by transmitting the application control
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`information, the reference clock of the content transmitted by using the communication
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`path is synchronized with the reference clock of the content transmitted by using the
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`broadcast wave, based on the differential information, thus having the receiving side
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`perform the synchronization where the reference clocks of the broadcast wave and
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`communication path are different (See Laurent [0030] [0033-0038] PCR clock and NTP
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`clock reference synchronized using synchronization information).
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`Claims 2, 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable
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`over Laurent et al. (US 2013/0335629) in view of Mitsuya et al. (WO 2012/161129) in
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`view of Kitahara et al. ( WO 2013/099101), hereinafter Kitahara. Kitahara et al. (US
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`2014/0344884) will be cited and relied upon as the English translation.
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`Regarding claims 2, 6, 7, Laurent and Mitsuya disclose the features of claim 1
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`and further discloses the synchronization information allows the STB/decoder to
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`request/preload the broadband content and transmitting/receiving the control
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`information before the content (See [0038] decoder receives information indicating in
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`advance when content will be played. Decodes requests the content in a pre-
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`fetch/preload request). Laurent does not explicitly disclose the application information
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`

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`Application/Control Number: 15/045,373
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`Page 7
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`Art Unit: 2425
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`table includes location information indicating an acquisition destination of the contents
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`or information indicating an acquisition destination of the location information.
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`Kitahara disclose that it was known to transmit application control information
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`including location information indicating an acquisition destination of the contents or
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`information indicating an acquisition destination of the location information and acquiring
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`the contents based on the acquired location information when the application control
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`information includes the acquisition destination information indicating an acquisition
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`destination of the location information (See [0087] receiver transmits download request
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`for application based on information in broadcast. See [0100-0108] application
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`activated based on AIT delivered with AV broadcast. See [0111-0113] AIT indicates
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`location of application.).
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`Prior to the invention being made it would have been obvious to one ordinary skill
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`in the art to modify the known system of Laurent with the known methods of Kitahara
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`predictably resulting in transmitting/receiving enhanced application information tables
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`including location information indicating an acquisition destination of the contents or
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`information indicating an acquisition destination of the location information and acquiring
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`the contents based on the acquired location information when the application
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`information table includes the acquisition destination information indicating an
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`acquisition destination of the location information by applying the court recognized
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`rational of applying a known technique to a known device (method, or product) ready for
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`improvement to yield predictable results. The modification would have the benefit of
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`allowing a STB/decoder to request content for preloading from the proper location.
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`

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`Application/Control Number: 15/045,373
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`Page 8
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`Art Unit: 2425
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to FERNANDO ALCON whose telephone number is
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Brian Pendleton can be reached on (571)272-7527. The fax phone number
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
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`

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`Application/Control Number: 15/045,373
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`Page 9
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`Art Unit: 2425
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`/FERNANDO ALCON/
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`Primary Examiner, Art Unit 2425
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`