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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/423,756
`
`05/28/2019
`
`Noritaka IGUCHI
`
`2019-0909
`
`1072
`
`CP
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`EKPO, NNENNA NGOZI
`
`2425
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/19/2020
`
`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@wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-10 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C) Claim(s)
`is/are allowed.
`Claim(s) 1-4 and 6-10 is/are rejected.
`Claim(s) 5 is/are objectedto.
`OO Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)C The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)C) accepted or b){) 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:
`cc) None ofthe:
`b)LJ Some**
`a)Y) All
`1.4) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have beenreceived in Application No.
`3.4) Copies of the certified copies of the priority documents have been receivedin 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
`5/28/2019,2/28/2020,3/19/2020.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200728
`
`Application No.
`Applicant(s)
`16/423,756
`IGUCHI et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`NNENNA N EKPO
`2425
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)C) Responsive to communication(s) filed on
`CJ A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)0) An election was madeby the applicant in responseto 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/423,756
`Art Unit: 2425
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Priority
`
`2.
`
`Receipt is acknowledged of papers submitted under 35 U.S.C 119(a)-(d), which
`
`papers have been placedof recordin the file.
`
`Information Disclosure Statement
`
`3.
`
`The referenceslisted in the Information Disclosure Statementfiled on May 28,
`
`2019, February 28, 2020 and March 19, 2020 has been considered by the examiner
`
`(see attached PTO-1449 form).
`
`Abstract
`
`4.
`
`The abstract is objected to because the abstract is a repetition of independent
`
`claims 1, 8-10. The abstract should be a concise statement of its technical disclosure.
`
`The abstract should also enable the reader thereof, regardless of his or her degree of
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`

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`Application/Control Number: 16/423,756
`Art Unit: 2425
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`Page 3
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`familiarity with patent documents, to ascertain quickly the character of the subject
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`matter covered by the technical disclosure.
`
`Appropriate correction is required.
`
`Double Patenting
`
`5.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine groundedin public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory double
`
`patenting rejection is appropriate where the claims at issue are notidentical, but at least
`
`one examined application claim is not patentably distinct from the reference claim(s)
`
`because the examined application claim is either anticipated by, or would have been
`
`obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d
`
`1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir.
`
`1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum,
`
`686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`
`(CCPA 1970); and /n re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`A timelyfiled terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321 (d)
`
`may be used to overcome an actual or provisional rejection based on a nonstatutory
`
`double patenting ground provided the reference application or patent either is shown to
`
`be commonly ownedwith this application, or claims an invention made as a result of
`
`activities undertaken within the scope of a joint research agreement. See MPEP §
`
`

`

`Application/Control Number: 16/423,756
`Art Unit: 2425
`
`Page 4
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`717.02 for applications subject to examination under the first inventor to file provisions
`
`of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(I)(1) - 706.02(I)(3) for
`
`applications not subject to examination under the first inventor to file provisions of the
`
`AlA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
`
`The USPTOInternet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/forms/. The filing date of the application in which the
`
`form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or
`
`PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may befilled out
`
`completely online using web-screens. An eTerminal Disclaimer that meetsall
`
`requirements is auto-processed and approved immediately upon submission. For more
`
`information about eTerminal Disclaimers, refer to
`
`http:/Awww.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
`
`Claims 1-10 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-8 of U.S. Patent No. 10,349,091. Although the claims at
`
`issue are not identical, they are not patentably distinct from each other because claims
`
`1-8 of U.S. Patent No. 10,349,091 claims all the features of claims 1-10 of the instant
`
`application in an explicit or inherent manner.
`
`Claim Rejections - 35 USC § 102
`
`6.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103)is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`

`

`Application/Control Number: 16/423,756
`Art Unit: 2425
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`Page 5
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which the
`patent or application, as the case may be, names another inventor and was effectively filed
`before the effective filing date of the claimed invention.
`
`7.
`
`Claims 1-4, 6-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
`
`Kitazato (U.S. Pub. No. 2017/0012765).
`
`Regarding claims 1 and 9, Kitazato discloses a transmitting method of storing
`
`data making up a codedstream into a predetermined data unit and transmitting the
`
`stored data in the predetermined data unit, comprising (see fig. 2 — Broadcast
`
`Transmission System):
`
`generating presentation time information indicating a presentation time of the
`
`predetermined data unit, based on reference time information received from an external
`
`source (see paragraph 0070 and fig. 2; The packetization/time stamp addition unit 14
`
`packetizes the encoded transmission media and adds the presentation time information
`
`for every presentation unit of the transmission media based on the time information
`
`generated by the clock unit 12); and
`
`transmitting (i) the predetermined data unit (see paragraphs 0099, 0111 and fig.
`
`12; transporting an media presentation unit (MPU)), (ii) first control information which
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`

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`Application/Control Number: 16/423,756
`Art Unit: 2425
`
`Page 6
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`includes the generated presentation time information (see paragraphs 0108-0111 and
`
`fig. 12; MPU time stamp descriptor), and (iii) second control information which includes
`
`identification information indicating whether or not the presentation time information is
`
`generated based on the reference time information indicating a time that is before a
`
`leap second adjustment (see paragraphs 0082, 0299 and fig. 5; The 1-bit flag
`
`information “X” indicates whether or not the MMT extension header, thatis, the field
`
`“header_extension” exist. Paragraphs 0217-0218 — synchronizing with the networktime
`
`protocol clock NTP_CR).
`
`Regarding claims 8 and 10, Kitazato discloses a receiving method of receiving a
`
`predetermined data unit in which data making up a coded stream is stored, comprising
`
`(see fig. 2 - Receiver):
`
`receiving (i) the predetermined data unit (see paragraphs 0099, 0111 and fig. 12;
`
`receiving an media presentation unit (MPU)), (ii) first control information which includes
`
`presentation time information indicating a presentation time of the predetermined data
`
`unit (see paragraphs 0108-0111 and fig. 12; MPU time stamp descriptor), and(iil)
`
`second control information which includes identification information indicating whether
`
`or not the presentation time information is generated based on the reference time
`
`information indicating a time that is before a leap second adjustment (see paragraphs
`
`0082, 0299 and fig. 5; The 1-bit flag information “X” indicates whether or not the MMT
`
`extension header,that is, the field “header_extension” exist. Paragraphs 0217-0218 —
`
`synchronizing with the networktime protocol clock NTP_CR); and
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`

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`Application/Control Number: 16/423,756
`Art Unit: 2425
`
`Page 7
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`reproducing the received predetermined data unit based on the first and second
`
`control information that are received (see paragraph 0072; decoding the transmission
`
`media obtained through the de-packetization to obtain the transmission media of a
`
`baseband).
`
`Regarding claim 2, Kitazato discloses everything claimed as applied above (see
`
`claim 1). Kitazato discloses wherein in the generating, the presentation time information
`
`corresponding to each of a plurality of the predetermined data units is generated for the
`
`each ofthe plurality of the predetermined data units, and the second control information
`
`transmitted in the transmitting includes the identification information corresponding to
`
`the eachof the plurality of the predetermined data units in each loupe of the each of
`
`the plurality of the predetermined data units (see paragraphs 0299 and fig. 12).
`
`Regarding claim 3, Kitazato discloses everything claimed as applied above (see
`
`claim 1). Kitazato discloses wherein the presentation time of the predetermined data
`
`unit is a time to present an access unit positioned at a head in an order of presenting
`
`plural access units included in the predetermined data unit (see paragraph 0089; the
`
`MPU starts from a random accesspoint (RAP) and includes one access point (AU) or a
`
`plurality of AUs).
`
`Regarding claim 4, Kitazato discloses everything claimed as applied above (see
`
`claim 1). Kitazato discloses wherein in the generating, the presentation time of the
`
`

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`Application/Control Number: 16/423,756
`Art Unit: 2425
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`Page 8
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`predetermined data unit is generated by adding a predetermined period of time to the
`
`reference time information (see paragraph 0012, 0070).
`
`Regarding claim 6, Kitazato discloses everything claimed as applied above (see
`
`claim 1). Kitazato discloses wherein the predetermined data unit is a media
`
`presentation unit (MPU) (see paragraphs 0099, 0111 and fig. 12; transporting an media
`
`presentation unit (MPU)), the first control information is an MPU time stamp descriptor
`
`(see paragraphs 0108-0111 and fig. 12; MPU time stamp descriptor), and the second
`
`control information is an MPU extension time stamp descriptor (see paragraph 0299).
`
`Regarding claim 7, Kitazato discloses everything claimed as applied above (see
`
`claim 1). Kitazato discloses wherein the reference time information complies with a
`
`networktime protocol (NTP) (see paragraphs 0217-0218).
`
`
`
`8. Claim 5 is objected to as being dependent uponarejected base claim, but would
`
`Allowable Subject Matter
`
`be allowable if rewritten in independent form including all of the limitations of the base
`
`claim and any intervening claims.
`
`Conclusion
`
`9.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to NNENNA NGOZI EKPO whosetelephone number is
`
`

`

`Application/Control Number: 16/423,756
`Art Unit: 2425
`
`Page 9
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`(571)270-1663. The examiner can normally be reached on M-W 10:00am - 6:30pm,
`
`TH-F 8:00am - 4:30pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
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`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Brian Pendleton can be reached on 571-272-7527. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see https://ppair-
`
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`
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`
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`
`272-1000.
`
`NNENNA EKPO
`Primary Examiner
`Art Unit 2425
`
`

`

`Application/Control Number: 16/423,756
`Art Unit: 2425
`
`/NNENNA N EKPO/
`Primary Examiner, Art Unit 2425
`July 28, 2020.
`
`Page 10
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`