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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
`
`16/892,774
`
`06/04/2020
`
`Noritaka IGUCHI
`
`2020-1459
`
`1058
`
`CP
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`MENGESHA, MULUGETA A
`
`2424
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/28/2021
`
`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*
`9-12 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 9-12 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11) The drawing(s) filed on 06/04/2020 is/are: a)[¥) 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)Z) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)X) All
`1.2 Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) 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 06/04/2020.
`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 20210621
`
`Application No.
`Applicant(s)
`16/892,774
`IGUCHI et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MULUGETA MENGESHA
`2424
`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) Responsive to communication(s) filed on 06/04/2020.
`C} 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)02 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\0) 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: 16/892,774
`Art Unit: 2424
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined under
`
`the first inventor to file provisions of the AIA.
`
`Double Patenting
`
`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 obviousness-
`
`type double patenting rejection is appropriate where the conflicting claims are not
`
`identical, 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); /n 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 In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA
`
`1969).
`
`A timely filed 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 owned with this application, or claims an invention made as a result of
`
`

`

`Application/Control Number: 16/892,774
`Art Unit: 2424
`
`Page 3
`
`activities undertaken within the scope of a joint research agreement. See MPEP § 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) (8) for applications
`
`not subject to examination under the first inventor to file provisions of the AIA. A terminal
`
`disclaimer must be signed in compliance with 37 CFR 1.321 (b).
`
`The USPTO Internet 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 meets
`
`all
`
`requirements is auto-processed and approved immediately upon submission. For more
`
`information
`
`about
`
`eTerminal
`
`Disclaimers,
`
`refer
`
`to
`
`http://www.uspto.gov/patents/process/file/ets/quidance/eTD-info-L jsp.
`
`Claims 9-12 are rejected on the ground of non-statutory obviousness-type double
`
`patenting as being unpatentable over claims 9-12 of US 10715876 B2.
`
`Double Patent Analysis
`
`The subject matter claimed in the instant application is fully disclosed in the patent
`
`claims and is covered by the patent claims since the patent and the application are
`
`claiming common subject matter, as follows:
`
`Instant Application No.16892774 Claims
`
`US Patent No.10715876 B2 Claims
`
`that each include the coded video|canfiguring one or more transfer units that
`
`9. A transmission method comprising: coding|9. A fransmissian method cornprising:
`
`video content: configuring ane armore transier|
`
`coding
`
`video
`
`and
`
`audio
`
`content:
`
`units
`
`

`

`Application/Control Number: 16/892,774
`Art Unit: 2424
`
`Page 4
`
`each include the coded video and audie
`
` content; and transmitting the one or more
`
`transmitted cyclically.
`
`
`transfer unis as a transmission signal,
`
`the
`
`cantent; and transmitting the one or more
`
`transmission signal
`
`including
`
`first
`
`control
`
`transfer urlis as 4 lrarismission signal
`
`information, second control
`
`information, and
`
`through broadcast,
`
`the
`
`transmissicn
`
`the one or more transter units, wherein the first
`
`signal
`
`including first control
`
`information,
`
`control
`
`information includes a transrnission
`
`second coniral information, and the one or
`
`parameter used for
`
`the
`
`second corral
`
`more
`
`transfer units, wherein
`
`ihe first
`
`information,
`
`and
`
`the
`
`seceand
`
`control
`
`contral
`
`information
`
`chides
`
`a
`
`information is provided for each of the one or
`
`transmission parameter used for
`
`the
`
`more transfer units, wherein in at least one
`
`second control
`
`information,
`
`and
`
`the
`
`transter unit amiong the orie or more transfer
`
`second coriiral information is provided for
`
`units,
`
`the second contrat
`
`information of the
`
`each of the one or more transfer units,
`
`transfer uni contains clock information used
`
`wherein in atleast one transfer uni among
`
`for reproduction of the video content, wherein
`
`the one or more transfer units, the second
`
`information
`
`indicating
`
`that
`
`the
`
`clock
`
`control
`
`miormation of
`
`the transfer uni
`
`information is contained within a header of the
`
`contains
`
`clock
`
`information
`
`used
`
`for
`
`ransfer unit
`
`is stored in
`
`the first control
`
`reproduction of
`
`the video and audie
`
`information, and wherein the clock information
`
`content, wherein information indicating
`
`is transmitted cyclically.
`
`thal
`
`the clock information is cantained
`
`within a header of
`
`the transfer unit
`
`is
`
`stored
`
`in
`
`the first control
`
`information,
`
`and wherein the
`
`clock information
`
`is
`
`

`

`Application/Control Number: 16/892,774
`Art Unit: 2424
`
`Page 5
`
`
`
`10. A reception method comprising: receiving|10. A reception method
`
`
`
`
`
`a transmission signal, the transmission signal
`
`comprising:
`
`receiving
`
`a
`
`transmission
`
`inchiding one or more transfer units that each
`
`signal
`
`through
`
`broadcast,
`
`ihe
`
`include cadec video content,
`
`first corral
`
`transmission signal including one or more
`
`information, and second control
`
`information:
`
`transfer units that each inchide coded
`
`decoding
`
`the
`
`coded
`
`video content;
`
`and
`
`video ard audio content,
`
`first control
`
`extracting
`
`clock
`
`information
`
`used
`
`for
`
`mnformation,
`
`and
`
`second
`
`caniral
`
`reproduction of the video content from at least
`
`information; decading the caded video and
`
`
`
`information is transmitted cyclically.
`the video and audio content, wherein
`
`
`
`
`
`
`one transfer unit among the one or more and=extractingaudio content} clock
`
`
`
`
`
`transfer unis, wherein
`
`the
`
`first
`
`control
`
`information used for reproduction of the
`
`information includes a transmission sarameter
`
`video and audia content from al least one
`
`used for the second control
`
`information, the
`
`transier unit among the one or more
`
`second corirol information being provicied for
`
`transfer units, wherein the first contrat
`
`each of the one or more transfer units, wherein
`
`information
`
`includes
`
`a
`
`transmission
`
`in the atleast one transfer uril among the orie
`
`parameter used far the second control
`
`or more transfer unis,
`
`the second control
`
`information,
`
`the
`
`second
`
`contrat
`
`information of the transfer unit contains the
`
`information being provided for sach of the
`
`clock Information used for reproduction of the
`
`one or more transfer units, wherein in the
`
`video conteni, wherein information indicating
`
`al least one transfer unit among the one or
`
`that the clock information is contained within a
`
`more transter units,
`
`the second control
`
`header of the transfer unit is stored in the first
`
`information of the transfer unit contains the
`
`control
`
`information, and wherein the clock
`
`clock information used for reproduction of
`
`

`

`Page 6
`
`information
`
`indicating
`
`that
`
`the
`
`clock
`
`information is contained within a header of
`
`the transfer unit is stored in the first control
`
`information,
`
`andwhersin
`
`the
`
`clock
`
`information is transmitted cyclically.
`
`Tt. A transmission apparatus comprising:
`
`Application/Control Number: 16/892,774
`Art Unit: 2424
`
` ii. A transmission apparatus camprising:
`each of the one or more transfer units,
`
`coding circuitry which,
`
`in operation, codes
`
`coding circuitry which, in operation, codes
`
`video content; configuration circuitry which, in
`
`video and audio content; configuration
`
`operalion, configures one or more transfer
`
`circuitry which, i operation, configures
`
`units
`
`that each include the coded video
`
`ane or more transfer units that each
`
`content; and transmission circullry which,
`
`in
`
`include
`
`the
`
`coded video
`
`and auto
`
`operation, transmits the one or more transfer
`
`content; and transmission circuitry which,
`
`urHEs
`
`aS
`
`a
`
`transmission
`
`signal,
`
`the
`
`in operation, transmis the one or more
`
`iransmission signal
`
`including
`
`first
`
`control
`
`transier unis aS 4 transmission signal
`
`information, second coanircl
`
`information, and
`
`through broadcast,
`
`the
`
`transmission
`
`the one or more transfer units, wherein the first
`
`signal
`
`including first corirol
`
`information,
`
`control
`
`information inchides 4 lransmissian
`
`second conirel information, and the one or
`
`parameter used for
`
`the
`
`second control
`
`more transfer units, wherein the first
`
`information,
`
`and
`
`the
`
`second
`
`contral
`
`control
`
`information
`
`includes
`
`a
`
`information is provided for each of the one or
`
`transmission parameter used for
`
`the
`
`more transfer uriis, wherein in ab least ane
`
`second control
`
`information.
`
`and
`
`the
`
`iransier unit arnong the one or more transter
`
`second coniral information is provided for
`
`units,
`
`the second control
`
`information of the
`
`

`

`Application/Control Number: 16/892,774
`Art Unit: 2424
`
`Page 7
`
`wherein in at least one transfer unit among
`
`jor reproduction of the video canter, wherein
`
`the one orimiore transfer unts, the second
`
`information
`
`indicating
`
`that
`
`the
`
`clock
`
`control
`
`information of
`
`the transfer unit
`
`information is contained within a header of the
`
`contains
`
`clock
`
`information
`
`used
`
`for
`
`transfer unit
`
`is stored in
`
`the first control
`
`reproduction cf
`
`the video and audio
`
`information, and wherein the clock information
`
`content, wherein information indicating
`
`is transmilted cycheoaily,
`
`that
`
`the clock informalion is contained
`
`within a header of
`
`the transfer unit
`
`is
`
`stored in
`
`the first control
`
`information,
`
`and wherein the
`
`clock
`
`information
`
`is
`
`transmitted cychcally.
`
`12.
`
`A
`
`reception
`
`apparatus
`
`camprsing:
`
`f2@. A reception apparatus comprising:
`
`reception circuitry which, in aperation, receives
`
`receplion circuiry which,
`
`in operation,
`
`a transmission signal, the twansmissicn signal
`
`receives a transmission signal through
`
` transter unit contains clock inforrnation used
`for
`
`
`
`including one or more transfer units that each transmission—signaloroadcast, the
`
`
`
`
`
`include coded video content,
`
`first control
`
`including one or more transfer units that
`
`information, and second control
`
`information:
`
`each include coded video and audio
`
`decoding circuitry which, in operation, decades
`
`content,
`
`first
`
`control
`
`information,
`
`anc
`
`ine
`
`coded video content;
`
`and extraction
`
`second
`
`control
`
`information;
`
`decoding
`
`circuitry which,
`
`in operation, extracts clock
`
`circuitry which,
`
`in operation, decades the
`
`information used for reproduction of the video
`
`coded video and audie content and
`
`content from ai least one transfer unit among
`
`extraction circuitry which,
`
`in operation,
`
`the one or more transter units, wherein the first
`
`extracts
`
`clock
`
`information
`
`usec
`
`

`

`Application/Control Number: 16/892,774
`Art Unit: 2424
`
`Page 8
`
`information inclides a transrnission
`
`reproduction of
`
`the video and audie
`
`parameter used for
`
`the
`
`second control
`
`content
`
`frorn at
`
`least one transfer uni
`
`information,
`
`the secand control
`
`information
`
`among the one or more transfer units,
`
`being provided far each of the one or mare
`
`wherein
`
`the
`
`first
`
`control
`
`information
`
`transfer unis, wherein in the at
`
`least one
`
`includes a transmission parameter used
`
`transfer unit arnong the one or more transfer
`
`for
`
`the second contral
`
`information,
`
`the
`
`unis,
`
`the second cantral
`
`information of the
`
`second control information being provided
`
`transfer unii contains the clock inforrnation
`
`for each of the one or more transfer units,
`
`used for reproduction of
`
`the video content,
`
`wherein in the at least one transfer uni
`
`wherein information indicating that the clock
`
`among the one or more transfer units, the
`
`information is conlained within a header of the
`
`second control information of the transfer
`
`transfer unit
`
`is stored in
`
`the first control
`
`unii cantains the clock information used far
`
`information, and wherein the clock information
`
`reproduction cf
`
`the video and audio
`
`is transmitted cyclically.
`
`content, wherein information indicating
`
` control
`
`that
`
`the clock information is contained
`
`within a header of
`
`ihe transfer unit
`
`is
`
`stored in
`
`the first control
`
`information,
`
`and wherein the
`
`clock
`
`information
`
`is
`
`transmitted cychcally.
`
`
`Although the conflicting claims are not identical, they are not patentably distinct
`
`from each other because, if allowed would improperly extend the "right to exclude"already
`
`granted in the patent. The subject matter claimed in the instant application is fully
`
`

`

`Application/Control Number: 16/892,774
`Art Unit: 2424
`
`Page 9
`
`disclosed in the patent and is covered by the patent since the patent and the application
`
`are claiming common subject matter. Furthermore, there is no apparent reason why
`
`applicant was prevented from presenting claims corresponding to those of the instant
`
`application during prosecution of the application which matured into a patent. See also
`
`MPEP § 804.
`
`Conclusion
`
`The prior art made of record and notrelied upon is considered pertinent to
`
`applicant's disclosure.
`
`US 2011/0255558 A1 to HWANG etal.
`
`US 2013/0097470 A1 to Hwang etal.
`
`US 2016/0192028 A1 to Iguchi et al.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MULUGETA MENGESHAwhosetelephone number is
`
`(571)270-5607. The examiner can normally be reached on Monday-Friday 9:00AM-
`
`5:00PM ET.
`
`Examiner
`
`interviews
`
`are
`
`available
`
`via
`
`telephone,
`
`in-person,
`
`and video
`
`conferencing 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.
`
`

`

`Application/Control Number: 16/892,774
`Art Unit: 2424
`
`Page 10
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Jefferey Harold can be reached on 571-2727519. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
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`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
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`
`MULUGETA A. MENGESHA
`Primary Examiner
`Art Unit 2424
`
`/Mulugeta Mengesha/
`Primary Examiner, Art Unit 2424
`
`