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
`
`15/045,373
`
`02/17/2016
`
`TADAMASA TOMA
`
`2016-0427T
`
`9057
`
`02/28/2020
`- 759°
`”5044
`Wenderoth, L1nd & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`
`Washington DC 20036
`
`ALCON' FERNANDO
`
`2425
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`02/28/2020
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`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
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`following e—mail address(es):
`eoa @ wenderoth. com
`kmiller @ wenderothcom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/045,373
`Examiner
`FERNAN DO ALCON
`
`Applicant(s)
`TOMA et al.
`Art Unit
`2425
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 12/12/2019.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)[:] 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 Expade 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)
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`1—2 and 4—10 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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`[:1 Claim(ss)
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`is/are allowed.
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`Claim(ss) 1 —2 and 4— 10 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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
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`10)|:l The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 2/17/2016 is/are: a). accepted or b)C] 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)D 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)I:i All
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`b)C] 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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`2C] Certified copies of the priority documents have been received in Application No.
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`SD 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)
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`1)
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`Notice of References Cited (PTO-892)
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`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] 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 20200211
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`

`

`Application/Control Number: 15/045,373
`Art Unit: 2425
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`Page 2
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`DETAILED ACTION
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`Continued Examination Under 37 CFR 1.114
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`A request for continued examination under 37 CFR 1.114, including the fee set forth in
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`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible
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`for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been
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`timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR
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`1.114. Applicant's submission filed on 12/12/2019 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 in
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`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 correction
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`of the statutory basis for the rejection will not be considered a new ground of rejection if the
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`prior art relied upon, and the rationale supporting the rejection, would be the same under
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`either status.
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`

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`Application/Control Number: 15/045,373
`Art Unit: 2425
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`Page 3
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness
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`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.
`
`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. l, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness under 35
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`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 obviousness or
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`nonobviousness.
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`Claims 1, 4—5, and 8—10is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`Laurent et al. (US 2013/0335629) in view of Mitsuya et al. (WO 2012/161129) (Mitsuya et al.
`
`(US 2014/0075472) will be referenced as the English translation) in view of Yu (US
`
`2007/0266415) and further in view of Laurent et al. (US 2012/0230389), hereinafter Laurent
`
`l389.
`
`Regarding claim 1, 5, 9 and 10, Laurent discloses a transmitting method and transmitting
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`apparatus for transmitting contents using a broadcast wave and a communication path, the
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`transmitting method comprising:
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`

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`Application/Control Number: 15/045,373
`Art Unit: 2425
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`Page 4
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`including content information in application control information when transmitting the
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`contents using both the broadcast wave and the communication path, the content information
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`being information for synchronizing a content transmitted by using the broadcast wave with a
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`content transmitted by using the communication path at a reception side that receives the
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`contents and being related to the content transmitted by using the communication path (See
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`Fig l and [0025—0031] receiving content via broadcast and broadband paths read on broadcast
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`and communication path. Timing reference data received with broadcast content. See [0038]
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`countdown information indicates timeline for display of synchronized content) and information
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`generator 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]). Furthermore the
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`cited portions disclose synchronizing content received (i.e., cited portions read on a
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`receiver/receiving method); and
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`transmitting the application control information by using at least the broadcast wave in
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`the broadcast wave and the communication path (See [0032—0036] receiving synchronization
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`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 ofthe content transmitted by using the communication path (See [0028—0038]
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`PCR and [0016], synchronization data and countdown information read on differential
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`

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`Application/Control Number: 15/045,373
`Art Unit: 2425
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`Page 5
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`information.
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`[0034] synchronization data used to render a broadcast video frame and
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`broadband audio frame at the same time.);
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`Laurent further discloses wherein the broadcast content and the communication
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`content to be reproduced synchronously with each other are content data which constitutes
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`one content (See [0030—0031]audio—video and second audio flow are transmitted via two
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`different networks for synchronous playback of the video and second audio flow as one
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`content).
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`Laurent does not disclose transmitting contents in a multiplexing format of an MPEG
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`Media Transport (MMT) or MPEG Dynamic Adaptive Streaming over HTTP (MPEG—DASH) and
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`including the content information in an enhanced application information table.
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`Mitsuya discloses that it was known to transmit contents in a multiplexing format of an
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`MPEG Media Transport (MMT) or MPEG Dynamic Adaptive Streaming over HTTP (MPEG—DASH)
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`(See [0166] MMT) and including the content information in an enhanced application
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`information table (See [0100] AIT application information table. See also [0109—0116]. Note
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`the specification discloses an AIT, however, the specification does not appear to define
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`”enhanced” therefore the term is interpreted under the broadest reasonable interpretation as
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`improving a standard AIT with information related to running particular application.).
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`Prior to the invention being filed it would have been obvious to one ordinary skill in the
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`art to modify the known system of Laurent with the known methods of Mitsuya predictably
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`resulting in transmitting contents in a multiplexing format of an MPEG Media Transport (MMT)
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`or MPEG Dynamic Adaptive Streaming over HTTP (MPEG—DASH) and including the content
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`information in an enhanced application information, transmitting the enhanced application
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`

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`Application/Control Number: 15/045,373
`Art Unit: 2425
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`Page 6
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`information table and including the differential information in the enhanced application
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`information table by applying the court recognized rational of applying a known technique to a
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`known device (method, or product) ready for improvement to yield predictable results. The
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`modification would have the benefit of transmitting content using improved transmission
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`standards.
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`Laurent and Mitsuya do not explicitly disclose the enhanced application information
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`table includes: attribute information which includes information indicating broadcast content
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`and communication content to be reproduced synchronously with each other, and information
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`indicating a correlation between the broadcast content and the communication content.
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`Yu discloses that it was known to include information indicating that contents to be
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`transmitted using a separate communication path than a broadcast wave path are present (See
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`[0053] The AIT contains an application list of the selected VOD content including an identifier of
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`each application) for an application information table to include attribute information which
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`includes information indicating broadcast content and communication content to be
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`reproduced synchronously with each other, and information indicating a correlation between
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`the broadcast content and the communication content (See [0053—0058] AIT includes attribute
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`information for each application. Application and VOD content to be presented simultaneously
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`[0061—0063]. AIT includes application list for selected VOD broadcast content, identifiers for
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`corresponding applications, location information to download application, and attribute
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`information [0053]).
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`Prior to the invention being made it would have been obvious to one ordinary skill in the
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`art to modify the known system of Laurent with the known methods of Yu predictably resulting
`
`

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`Application/Control Number: 15/045,373
`Art Unit: 2425
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`Page 7
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`including information indicating that the contents to be transmitted using the communication
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`path are present and in the enhanced application information table including: attribute
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`information which includes information indicating broadcast content and communication
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`content to be reproduced synchronously with each other, and information indicating a
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`correlation between the broadcast content and the communication content by applying the
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`court 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 have the
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`benefit of ensuring users can get broadcast content and related information simultaneously as
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`suggested by Yu.
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`Laurent Mitsuya and Yu do not explicitly disclose the broadcast content and the
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`communication content to be reproduced synchronously with each other are identical content
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`data.
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`Laurent ’389 discloses that it was known for content received via broadcast and via
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`communication network to be reproduced synchronously with each other are identical content
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`(See Fig 3 and [0050] receiving main component and personalized component via broadcast
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`and broadband respectively to be played synchronously. See [0003] where it was known for
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`personalized components to be received via broadcast including SVC (scalable video coding)
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`enhancement layer components).
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`Prior to the effective filing date of the invention it would have been obvious to one
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`ordinary skill in the art to modify the known system of Laurent with the known methods of Kim
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`predictably resulting in the broadcast content and the communication content to be
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`reproduced synchronously with each other are identical content data by applying the court
`
`

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`Application/Control Number: 15/045,373
`Art Unit: 2425
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`Page 8
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`recognized rational of applying a known technique to a known device (method, or product)
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`ready for improvement to yield predictable results. The modification would have the benefit of
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`providing a scalable enhanced bit stream for users as suggested by Laurent.
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`Regarding claim 4 and 8, Laurent in view of Mitsuya in view of Yu in view of Laurent
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`’389 further discloses the transmitting method according to claim 1, wherein by transmitting
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`the application control information, the reference clock of the content transmitted by using the
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`communication path is synchronized with the reference clock of the content transmitted by
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`using the 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 clock
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`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 over
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`Laurent et al. (US 2013/0335629) in view of Mitsuya et al. (WO 2012/161129) ) in view of Yu
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`(US 2007/0266415) in view of Laurent (US 2012/0230389) in view of Kitahara et al. ( WO
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`2013/099101), hereinafter Kitahara. Kitahara et al. (US 2014/0344884) will be cited and relied
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`upon as the English translation.
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`Regarding claims 2, 6, 7, Laurent Mitsuya Yu and Laurent ’389 disclose the features of
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`claim 1 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 information
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`

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`Application/Control Number: 15/045,373
`Art Unit: 2425
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`Page 9
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`before the content (See [0038] decoder receives information indicating in advance when
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`content will be played. Decodes requests the content in a pre—fetch/preload request). Laurent
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`does not explicitly disclose the application information table includes location information
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`indicating an acquisition destination of the contents or information indicating an
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`acquisition destination of the location information.
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`Kitahara disclose that it was known to transmit application control information including
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`location information indicating an acquisition destination ofthe contents or information
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`indicating an acquisition destination of the location information and acquiring the contents
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`based on the acquired location information when the application control information includes
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`the acquisition destination information indicating an acquisition destination ofthe location
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`information (See [0087] receiver transmits download request for application based on
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`information in broadcast. See [0100—0108] application activated based on AIT delivered with
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`AV broadcast. See [0111—0113] AIT indicates location of application.).
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`Prior to the invention being made it would have been obvious to one ordinary skill in the
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`art to modify the known system of Laurent with the known methods of Kitahara predictably
`
`resulting in transmitting/receiving enhanced application information tables including location
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`information indicating an acquisition destination of the contents or information indicating an
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`acquisition destination of the location information and acquiring the contents based on the
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`acquired location information when the application information table includes the acquisition
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`destination information indicating an acquisition destination ofthe location information by
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`applying the court recognized rational of applying a known technique to a known device
`
`(method, or product) ready for improvement to yield predictable results. The modification
`
`

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`Application/Control Number: 15/045,373
`Art Unit: 2425
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`Page 10
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`would have the benefit of allowing a STB/decoder to request content for preloading from the
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`proper location.
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`Claims 11—14is/are rejected under 35 U.S.C. 103 as being unpatentable over Laurent et
`
`al. (US 2013/0335629) in view of Mitsuya et al. (WO 2012/161129) (Mitsuya et al. (US
`
`2014/0075472) will be referenced as the English translation) in view of Yu (US 2007/0266415)
`
`and further in view of Laurent et al. (US 2012/0230389), hereinafter Laurent ’389 and further in
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`View of Kim et al. (US 2012/0163268).
`
`Regarding claims 11—14, Laurent Mitsuya Yu and Laurent ’389 disclose the features of
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`claim 1 and Laurent ’389 discloses receiving components that are scalable (See [0003] scalable
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`Video coding for receiving an enhancement layer) but do not explicitly disclose the broadcast
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`content and the communication content have scalability, the scalability being one of temporal
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`resolution, spatial resolution, and a bit depth.
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`Kim discloses that it was known to provide content components over various channels
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`including SVC components which are scalable in a variety of manners including spatial
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`resolution, image qualities, and a variety of frame rates (See [0056—0058] [0061]).
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`Prior to the effective filing date of the invention it would have been obvious to one
`
`ordinary skill in the art to modify the known system of Laurent further with the known methods
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`of Kim predictably resulting in the broadcast content and the communication content have
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`scalability, the scalability being one of temporal resolution, spatial resolution, and a bit depth
`
`

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`Application/Control Number: 15/045,373
`Art Unit: 2425
`
`Page 11
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`by applying the court recognized rational of applying a known technique to a known device
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`(method, or product) ready for improvement to yield predictable results. The modification
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`would have the benefit of providing content at a variety of quality levels as suggested by Kim.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to FERNANDO ALCON whose telephone number is (571)270—5668.
`
`The examiner can normally be reached on Monday—Friday, 9:00am—7:00pm.
`
`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
`
`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`|f 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 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: 15/045,373
`Art Unit: 2425
`
`Page 12
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`
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`
`FERNANDO . ALCON
`
`Examiner
`
`Art Unit 2425
`
`/FERNANDO ALCON/
`
`Primary Examiner, Art Unit 2425
`
`