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
`
`15/618,803
`
`06/09/2017
`
`Noritaka IGUCHI
`
`2017-0916A
`
`4299
`
`52349
`
`759°
`
`08/14/20”
`
`WENDEROTH, LIND & PONACK L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`
`Washington DC 20036
`
`KAVLESKL RYAN C
`
`ART UNIT
`2412
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
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`08/ 14/20 1 9
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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
`
`following e—mail address(es):
`eoa @ wenderoth. com
`kmiller @ wenderothcom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/618,803
`Examiner
`RYAN c KAVLESKI
`
`Applicant(s)
`IGUCHI etal.
`Art Unit
`2412
`
`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
`
`1). Responsive to communication(s) filed on 6/3/2019.
`[:1 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) C] 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.
`
`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.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—14is/are pending in the application.
`
`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
`
`E] Claim(s)
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`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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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
`
`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:
`
`a). All
`
`b)I:l Some**
`
`c)C] None of the:
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`1.. Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date m.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190806
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 2
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`DETAILED ACTION
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`In response to communication filed on 6/3/2019.
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`Claims 1-14 are pending and rejected accordingly.
`
`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.
`
`Response to Amendments
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`This communication is in response to Applicant’s reply filed under 3 CFR 1.111 on 6/3/2019.
`
`Claims 1,7,13 and 14 were amended and claims 1-14 remain pending.
`
`Amendment to claim 14 in response to rejection under 35 USC § 112, second paragraph has
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`been considered. The amendment to the claims obviates previously raised rejection, as such this
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`rejection is hereby withdrawn.
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`Amendment to claims 13 and 14 obviates previously noted claim interpretations in view of 35
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`U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, therefore these claims are n_ot being interpreted
`
`under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, and they are n_ot being interpreted to
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`cover only the corresponding structure, material, or acts described in the specification as performing the
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`claimed function, and equivalents thereof.
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 3
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`Claim Objections
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`Claims 13 and 14 are objected to because of the following informalities: the claims recite ”to
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`operate; as,” which is grammatically incorrect and should be amended to recite ”to operate as.”
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`Appropriate correction is required.
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`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
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`prior Office action.
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`Claims 1-4,7-10,13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kwon
`
`et al. (US Pub. 2017/0171070)(K1 hereafter) in view of "MMT-Based Media Transport Scheme in
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`Digital Broadcasting Systems." (ARIB hereafter).
`
`Regarding claims 1 and 13, K1 teaches a transmission apparatus [refer Fig. 18; Transmitter] comprising:
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`a generator (i.e. link layer)[refer Fig. 18; Transmitter Link Layer] which generates (i.e. structures)
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`a frame (i.e. media processing unit (MPU))[paragraph 0123] for transfer in which one or more first
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`internet protocol (IP) packets and one or more second IP packets are stored (the transmitter uses an IP
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`packet and/or MPEG packets used in digital broadcast as an input signal and performs
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`encapsulation)[paragraph 0503], the one or more first IP packets storing content (services and content
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`are delivered using MMTP, which is a MPEG media transport protocol [paragraph 0118] operating on a
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`lP multicast on a physical layer [paragraph 0121]), and each of the one or more second IP packets
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`including reference clock information which indicates a time for playing back the content (clock relation
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`information messages containing a clock related to an NTP timestamp can be delivered with MMTP
`
`

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`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 4
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`messages in a session [paragraph 0302], broadcast streams deliver MMTP packets [paragraph 0308]);
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`and
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`a transmitter (i.e. physical |ayer)[refer Fig. 18; Transmitter Physical Layer] which transmits the
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`generated frame through broadcasting (i.e. digital broadcast)[paragraph 0503], broadcasting includes
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`attaching (i.e. encapsulating) to each of the one or more first IP packets and each of the one or more
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`second IP packets, a context identifier (i.e. context ID) indicating a preset fixed value (i.e. an 8-bit value)
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`in accordance with a type of an IP data flow (i.e. stream)(link layer signaling can be encapsulated (i.e.
`
`attached) into a link layer packets carrying signaling information [paragraph 0415], link layer signaling
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`including an 8-bit (i.e. preset fixed value) context ID field of a compressed IP stream [paragraph 0428],
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`the context information is used to map to a corresponding stream (i.e. type of an IP data
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`flow)[paragraph 0481]),
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`the generator performs header compression on the one or more first IP packets (IP header
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`compression can be performed in the link |ayer)[paragraph 0507].
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`However K1 does not disclose that the generator does not perform the header compression on
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`the one or more second IP packets.
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`ARIB discloses that for an IP packet used for carrying MMTP payloads [refer page 2; ”The codes
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`of the video and audio signals of a broadcast program shall be in MFU/MPU format, stored into an MMT
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`protocol (MMTP) payload for MMTP packetization and transferred in an IP packet.”], the IP packet can
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`be compressed and transferred in an TLV packet format [refer page 3; ”An IP packet or header-
`
`compressed IP packet is transferred in an TLV packet (ARIB STD-B32)”], and IP packets transferring an
`
`NTP format are transferred in a TLV format, however IP header compression are not performed [refer
`
`page 4; ”Moreover, when an IP packet including NTP format is transferred in a TLV format, IP header
`
`compression shall not be performed.”].
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 5
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`It would have been obvious to one of ordinary skill in the art before the effective filing date of
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`the claimed invention to modify the teachings of K1 for providing header compression on packets [refer
`
`K1; paragraph 0507] and transmitting clock relation information messages containing a clock related to
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`an NTP timestamp delivered with MMTP messages in a session [refer K1; paragraph 0302] to explicitly
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`perform header compression on one set of MMTP messages while not performing header compression
`
`on messages comprising NTP information as taught by ARIB. One would be motivated to do so to
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`provide the use of a known standard, such as that disclosed by ARIB, for providing broadcast
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`communications to a known system for handling such communications to yield predictable results.
`
`Regarding claims 2 and 8, K1 teaches the header compression includes: (i) attaching, to a part of the one
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`or more first IP packets, a full header which includes specification information for specifying an IP data
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`flow to which the one or more first IP packets belong (IP packets have a fixed header format that has
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`information which is needed in a communication environment (i.e. specifying IP data flow))[paragraph
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`0315]; and
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`(ii) attaching, to a first IP packet other than the part of the one or more first IP packets, a
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`compressed header which does not include the specification information (for redundant information,
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`the link layer protocol provides mechanisms to reduce broadcast overhead by providing sync byte
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`removal, null packet deletion and/or common header removal)[paragraph 0315].
`
`Regarding claims 3 and 9, K1 teaches the reference clock information complies with a network time
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`protocol (NTP) [paragraph 0302].
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`Regarding claims 4 and 10, K1 teaches the content is stored in an MPEG media transport (MMT) packet
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`in each of the one or more first IP packets (services and content are delivered using MMTP, which is a
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`

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`Application/Control Number: 15/618,803
`Art Unit: 2412
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`Page 6
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`MPEG media transport protocol [paragraph 0118] operating on a IP multicast on a physical layer
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`[paragraph 0121]).
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`Regarding claims 7 and 14, K1 teaches a reception apparatus [refer Fig. 18; Receiver] comprising: a
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`receiver [refer Fig. 18; Receiver Physical Layer] which receives, through broadcasting [paragraph 0503], a
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`frame for transfer (i.e. media processing unit (MPU))[paragraph 0123] in which one or more internet
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`protocol (IP) packets are stored [paragraph 0504], the one or more IP packets storing content (services
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`and content are delivered using MMTP, which is a MPEG media transport protocol [paragraph 0118]
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`operating on a IP multicast on a physical layer [paragraph 0121]) and including: one or more first IP
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`packets whose headers have been compressed (the receiver receives and restores data and signaling
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`received from the transmitter [paragraph 0504], IP header compression can be performed in the link
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`layer by the transmitter [paragraph 0507]); and
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`one or more second IP packets, each of the one or more second IP packets including reference
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`clock information which indicates a time for playing back the content (the receiver receives and restores
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`data and signaling received from the transmitter [paragraph 0504], clock relation information messages
`
`containing a clock related to an NTP timestamp can be delivered with MMTP messages in a session
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`[paragraph 0302], broadcast streams deliver MMTP packets [paragraph 0308]);
`
`a determiner (i.e. link layer)[refer Fig. 18; Receiver Link Layer] which determines whether each
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`of the one or more IP packets that are received is the first IP packet or the second IP packet [paragraph
`
`0504], and a type of an IP data flow (i.e. stream) according to a preset fixed value indicating in a context
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`identifier attached to each of the one or more first IP packets and each of the one or more second IP
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`packets (link layer signaling can be encapsulated (i.e. attached) into a link layer packets carrying
`
`signaling information [paragraph 0415], link layer signaling including an 8-bit (i.e. preset fixed value)
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 7
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`context ID field of a compressed IP stream [paragraph 0428], the context information is used to map to
`
`a corresponding stream (i.e. type of an IP data flow)at a receiver [paragraph 0481]); and
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`a playback unit (i.e. te|evision)[paragraph 0115] which plays back the content stored in the one
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`or more first IP packets (the receiver receives data and signaling to be processed [paragraph 0530], the
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`digital broadcasting is presented to a user [paragraph 0486]), using the reference clock information
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`stored in the each of the one or more second IP packets, based on a result of the determination
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`[paragraph 0302].
`
`However K1 does not disclose receiving one or more second IP packets whose headers have not
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`been compressed and determining whether each of the one or more IP packets that are received is the
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`first IP packet or the second IP packet based on whether or not a header of the IP packet has been
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`compressed.
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`ARIB discloses that for an IP packet used for carrying MMTP payloads [refer page 2; ”The codes
`
`of the video and audio signals of a broadcast program shall be in MFU/MPU format, stored into an MMT
`
`protocol (MMTP) payload for MMTP packetization and transferred in an IP packet.”], the IP packet can
`
`be compressed and transferred in an TLV packet format [refer page 3; ”An IP packet or header-
`
`compressed IP packet is transferred in an TLV packet (ARIB STD-B32)”], and IP packets transferring an
`
`NTP format are transferred in a TLV format, however IP header compression are not performed [refer
`
`page 4; ”Moreover, when an IP packet including NTP format is transferred in a TLV format, IP header
`
`compression shall not be performed.”].
`
`It would have been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of K1 for providing header compression on packets [refer
`
`K1; paragraph 0507] and the transmission of clock relation information messages containing a clock
`
`related to an NTP timestamp delivered with MMTP messages in a session [refer K1; paragraph 0302] to
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`explicitly allow for header compression on one set of MMTP messages while not performing header
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 8
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`compression on messages comprising NTP information as taught by ARIB. By doing so, compressed data
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`would be seen as one type, while uncompressed data would be of another. One would be motivated to
`
`do so to provide the use of a known standard, such as that disclosed by ARIB, for providing broadcast
`
`communications to a known system for handling such communications to yield predictable results.
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`Claims 5,6,11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over K1 in view of
`
`ARIB, as applied to claims 1 and 7, as applied above, in further view of Vare et al. (US Pub.
`
`2007/0268874)(V1 hereafter).
`
`Regarding claims 5 and 11, K1 teaches the frame includes one or more second transfer units (i.e. media
`
`processing units (MPUs))[paragraph 0118], each of the one or more second transfer units includes one
`
`or more first transfer units, and each of the one or more first transfer units includes one of: the one or
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`more first IP packets and the one or more second IP packet [paragraph 0123].
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`However K1 does not disclose that the one or more second transfer units each having a fixed
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`length.
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`V1 discloses that digital video broadcast (DVB) streams deliver compressed audio and video and
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`data to a user via transport streams in which the stream is packetized with fixed length packets to carry
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`different elements of a particular program, video and audio [paragraph 0044].
`
`It would have been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of K1 for providing digital broadcasting to packetize the
`
`transport streams into fixed length packets as taught by V1. One would be motivated to do so to
`
`provide the use of a known technique within digital broadcasting to yield predictable results.
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 9
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`Regarding claims 6 and 12, K1 in view of ARIB teaches each of the one or more first transfer units is a
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`type length value (TLV) packet [refer ARIB; page 3; ”An IP packet or header-compressed IP packet is
`
`transferred in an TLV packet (ARIB STD-B32)”].
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`However K1 in view of ARIB do not expressly disclose each of the one or more second transfer
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`units is a slot defined under a transmission system for advanced wide band satellite digital broadcasting,
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`and the frame is a transfer slot defined under the transmission system for advanced wide band satellite
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`digital broadcasting.
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`V1 discloses that digital broadcast standards for broadband broadcast systems can utilize
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`Integrated Services Digital Broadcasting-Terrestrial, Advanced Television Systems Committee, and other
`
`standards and techniques [paragraph 0037], such that that digital video broadcast (DVB) streams deliver
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`compressed audio and video and data to a user via transport streams in which the stream is packetized
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`with fixed length packets to carry different elements of a particular program, video and audio
`
`[paragraph 0044].
`
`It would have been obvious to one of ordinary skill in the art before the effective filing date of
`
`the claimed invention to modify the teachings of K1 for providing digital broadcasting to packetize the
`
`transport streams into fixed length packets using a digital broadcast standard known in the field as
`
`taught by V1. One would be motivated to do so to provide the use of a known technique within digital
`
`broadcasting to yield predictable results.
`
`Response to Arguments
`
`Applicant's arguments filed 6/3/2019 have been fully considered but they are not persuasive.
`
`Regarding claims 1,13 and their respective dependent claims, applicant argues that the applied
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`references does not teach newly added claim limitation, namely, ”broadcasting includes attaching to
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`

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`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 10
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`each of the one or more first IP packets and each of the one or more second IP packets, a context
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`identifier indicating a preset fixed value in accordance with a type of an IP data flow”.
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`In response to the above-mentioned argument, examiner respectively disagrees. Although the
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`applicant argues specific citations of K1 used in the prior rejection to note how K1 does not disclose the
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`new claim amendments, it is noted that K1 does indeed provide support for encapsulating (i.e.
`
`attaching) context identifiers of packets in a stream. As noted in the above rejection, K1 discloses that
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`link layer signaling can be encapsulated (i.e. attached) into a link layer packets to carry signaling
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`information [paragraph 0415], link layer signaling includes an 8-bit (i.e. preset fixed value) context ID
`
`field of a compressed IP stream [paragraph 0428], the context information is used to map to a
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`corresponding stream (i.e. type of an IP data flow) at a receiver [paragraph 0481].
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`Furthermore, it is respectively noted that although interpretations of the claim language can be
`
`viewed with regards to the noted sections of K1, a context identifier indicating a preset fixed value in
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`accordance with a type of IP data flow can also reasonably be seen as attaching a label as part of Multi-
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`protocol Label Switching (MPLS) Protocol or virtual private labeling since both types of network signaling
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`involves the use of appending a label or tag onto packets within a data flow that identifies the flow.
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`Regarding claims 7,14 and their respective dependent claims, applicant has not provided any
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`further arguments other than those noted with regards to claims 1,13 and their respectively dependent
`
`claims. Accordingly the same argument as noted above applies therein.
`
`

`

`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 11
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`Conclusion
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure.
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`Kalliokulju et al. (US Patent No. 7,054,954) discloses defining a context identifier when
`
`compressing data packets [refer Abstract].
`
`Torkelsson et al. (US Pub. 2004/0221132) discloses mapping a context identifier to identify
`
`packet streams [paragraph 0027].
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
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`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`extension of time policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
`
`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
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`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to RYAN C KAVLESKI whose telephone number is (571)270-3619. The examiner can
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`normally be reached on M-F 6:30am-3pm.
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`

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`Application/Control Number: 15/618,803
`Art Unit: 2412
`
`Page 12
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`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
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Charles C Jiang can be reached on 571-270-7191. 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
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`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
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`through Private PAIR only. For more information about the PAIR system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`CANADA) or 571-272-1000.
`
`Ryan Kavleski
`
`/R. K./
`
`Examiner, Art Unit 2412
`
`/GEORGE C ATKINS/
`
`Primary Examiner, Art Unit 2412
`
`