www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/097,081
`
`10/26/2018
`
`Yasushi MIYAKE
`
`070469-0747
`
`5852
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`ABU ROUMI, MAHRAN Y
`
`2455
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/25/2021
`
`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):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-9 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-9 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) 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)0) The drawing(s) filedon__ 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)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)X None ofthe:
`b)L) Some**
`a)L) All
`1... Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`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 20210113
`
`Application No.
`Applicant(s)
`16/097,081
`MIYAKE, Yasushi
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MAHRAN ABU ROUMI
`2455
`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 11/06/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) 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\(Z 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: 16/097,08 1
`Art Unit: 2455
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`This communication is in responsive to RCE for Application 16/097081 filed on
`
`11/06/2020. The present application, filed on or after March 16, 2013, is being
`
`examined under the first inventor to file provisions of the AIA.
`
`2.
`
`Status of Claims:
`
`Claims 1-9 are presented for examination.
`
`Claim 10-12 were cancelled.
`
`Claims 1-9 were amended.
`
`Continued Examination under 37 CFR 1.114
`
`3.
`
`A request for continued examination under 37 CFR 1.114 wasfiled in this
`
`application after appeal to the Patent Trial and Appeal Board, but prior to a decision on
`
`the appeal. Since this application is eligible for continued examination under 37 CFR
`
`1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been
`
`withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been
`
`reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 11/06/2020 has
`
`been entered.
`
`Interview
`
`4.
`
`Gapless playback is well knownin the art. Applicants are strongly encouraged to
`
`schedule a phoneinterview to expedite prosecution.
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 3
`
`Response to Arguments
`
`5.
`
`Examiner statements in the mailed Non-Final with respect to obvious limitations
`
`including common knowledge or well-known in the art are taken to be admitted prior art
`
`because applicant failed to traverse the Examiner's assertion, see MPEP 2144.03 C.
`
`6.
`
`Applicant argues that the cited art does not teach the new limitations (Remarks p.
`
`7-9). Examiner disagrees because the cited art still teaches the claimed limitation.
`
`After careful examination of the cited art Zhang, Examiner finds that Zhang still
`
`teaches the claims as amended. Zhang in table 1 provides an example of commands
`
`“START_SEAMLESS”which is similar to the new amendment “operation” to indicate
`
`that the playlist request is gapless playback playlist. Additionally, Zhang still teaches
`
`that the playlist information includes each segment’s “song/media’” start time and
`
`duration which is the same asthe claim limitation “boundary.” Moreover, Zhangstill
`
`teaches that a user may input “START_SEAMLESS’”via different device that includes
`
`touch panel to request gapless playback which is similar to the claims as amended.
`
`Furthermore, Zhang also teaches that users do not have to use “START_SEAMLESS’”
`
`to request a gapless play meaning that a user may requesta playlist without gapless
`
`playback via user’s input. Thus, Examiner maintains his rejection.
`
`7.
`
`Claims 1 and 8-9 are objected to becauseof the following informalities:
`
`Claim Objections
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 4
`
`8.
`
`Claim 1 limitations “causing first communication circuit...” in the last two
`
`limitations lacks an article. The limitation should read “causing thefirst communication
`
`circuit...” Similar rationale applies to claims 8-9.
`
`9.
`
`Appropriate correction is required.
`
`10.—The following is a quotation of 35 U.S.C. 103 which forms the basisforall
`
`Claim Rejections - 35 USC § 103
`
`obviousness rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe obtained, notwithstanding thatthe claimed
`invention is not identicallydisclosed as setforthinsection 102, if the differences between the
`claimed invention and the prior artare 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
`ordinaryskill inthe art to which the claimed invention pertains. Patentabilitys hall notbe
`negated by the manner in whichthe invention was made.
`
`11.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under 35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`
`
`12.=This application currently namesjoint inventors. In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
`
`commonly ownedasof the effective filing date of the claimed invention(s) absent any
`
`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 5
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`ownedasof the effective filing date of the later invention in order for the examiner to
`
`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`13.
`
`Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang
`
`US 2016/0066007 At.
`
`Regarding Claim 1, Zhang teaches a contentdistribution system, comprising:
`
`a playback apparatus (0004, (0115; playback device is formed of a “media
`
`gateway and a set-top box” or 40067-40068);
`
`and acontentdistribution apparatus (0095 & 40101; CDN or media server),
`
`wherein the playback apparatus includes: a first communication circuit
`
`(q0095, media gateway);
`
`and a first processor that causes the first communication circuit to
`
`transmit a requestfor first content data (0027; request message sent by the
`
`playback device), and plays backthefirst content data received bythefirst
`
`communication circuit (0115; set-top box “playback controller’ that playback the
`
`usable video segments),
`
`and the contentdistribution apparatus (media server or CDN as in 40095)
`
`includes: a second communication circuit that receives the requestfor the first
`
`content data from the playback apparatus (0064 & 40068; receiving unit “second
`
`communication circuit” that is configured to receive the playlist request or the media
`
`server returns a playlist based on request for media e.g. video or audio segments asin
`
`0031-40042, 40064-90077 & 40103);
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 6
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`and a second processor (media server including second processor to perform
`
`searching for media and distributing the media to set-top box and other user’s devices
`
`in (0095) that causes the second communication circuit to transmit thefirst
`
`content data and second content data (Fig. 7 & 40269-0276; processor 504 uses a
`
`list to determine the next segment to play and searchesfor it without receiving a request
`
`for it so that o that the playback device finds a usable video segment according to the
`
`order and according to the address information, and decodes the usable video segment
`
`by using a decoding parameter and plays the usable video segment Additionally,
`
`processor recognize the boundvia a list where the processor searches for video
`
`segments to play those segments according to the list which is the same as boundary
`
`recognition) as a stream without separation between first content data and the
`
`second contentdata (Fig. 4, 70104 & 40107 & 40197 & 40206-90218; decoding
`
`parameters of video segments are written into a playlist, so that a set-top box may
`
`perform continuous playback of video segments in different formats. Actual addresses
`
`of the video segments from different sources (from different media server sources) are
`
`written into the playlist, so that the set-top box may acquire the video segments from
`
`different sources according to the playlist to implement continuous playback of the video
`
`segments from different sources. The video segments are edited, and new playback
`
`start positions and playback end positions are written into the playlist, so that the set-top
`
`box may acquire, according to the playlist, correct positions to start playback and
`
`correct positions to end playback, thereby implementing continuous playback of video
`
`segments having unaligned media content) when the requestfor the first content
`
`data received by the second communication circuit includes gapless playback
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 7
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`instruction information (0197 & Table1illustrate instructions of gapless playback
`
`e.g. START_SEAMLESSis the deaderofplaylist “gapless playback instruction
`
`information.”
`
`Also see Fig. 4, 0104 & 0107 & 40197 & 40206-90218; decoding parameters
`
`of video segments are written into a playlist, so that a set-top box may perform
`
`continuous playback of video segmentsin different formats. Actual addressesof the
`
`video segments from different sources (from different media server sources) are written
`
`into the playlist, so that the set-top box may acquire the video segments from different
`
`sources according to the playlist to implement continuous playback of the video
`
`segments from different sources. The video segments are edited, and new playback
`
`start positions and playback end positions are written into the playlist, so that the set-top
`
`box may acquire, according to the playlist, correct positions to start playback and
`
`correct positions to end playback, thereby implementing continuous playback of video
`
`segments having unaligned media content.
`
`In conclusion, different from the prior art in
`
`which only continuous playback of video segments in a TS format is supported, in the
`
`video playback method provided in the present invention, continuous playback of video
`
`segments in different formats and from different sources is supported & 40214 In
`
`addition, for video segments different in encapsulation formats, a set-top box loads
`
`different encapsulation format parsers to implement gapless splicing and continuous
`
`playback of video segments in different encapsulation formats), the second content
`
`data being determined to be played back nextto thefirst content data in a
`
`playback order of pieces of content data (Fig.4illustrate this limitation. Also see
`
`

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`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 8
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`40108 & FO110-FO113 & 0204-0215; finding an order to play the list of video
`
`segments or audio) wherein
`
`in responseto the gapless playback instruction information, thefirst
`
`processor detects a boundary between the streams (Fig. 7 & 40269-0276;
`
`processor 504 acquires videos segmentsinformation of the video segmentsto playin
`
`order) to identify a track information of the first content data and the second
`
`contentdata (table 1 & 40197-40215; illustrates stream information “track information”
`
`starting with seamless play to let the system now about gapless playback; segment
`
`name and path and duration which follows the second segmentetc. until the total length
`
`of the segments e.g. START_SEAMLESSis the headerofthe playlist, representing that
`
`the list is a gapless playlist. STREAM:334.00 is the total duration ofthelist.
`
`3500_ASP.sub.--350K.mp4 represents a name andarelative path of a segment.
`
`STREAM:269.00 represents duration of asegment. BYTERANGE:667588@ 1346456 is
`
`a valid content offset and length of the segment.
`
`DECPRIVATEDATA:0000000 16764001F AC 2CA501 401 6EFFC100010014808080A00
`
`0007D200017700C 100005A648000B4C9FE3 1C6080002D3240005A64FF18E1DA1 22
`
`5160 0000000168E9093525 is a decoding parameter. BYTERANGE:662459
`
`represents the total length of the segments, and the offset starts from O by default.
`
`ENDLIST represents that the playlist ends), and
`
`the first processor determines that an operation for instructing gapless
`
`playback is received by operation receiver (table 1 & 40196-40215;
`
`illustrates stream
`
`information “track information” starting with seamless play to let the system now about
`
`gapless playback; segment name and path and duration which follows the second
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 9
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`segmentetc. until the total length of the segments e.g. START_SEAMLESS “operation”
`
`is the header of the playlist, representing that the list is a gapless playlist) by
`
`performing:
`
`Zhang still teaches that a user may input “START SEAMLESS” via different
`
`device that includes touch panel to request gapless playback meaning that the system
`
`determine whether or not to include gapless playback base on user’s input
`
`“START SEAMLESS” in the header.
`
`Zhang further teaches when the operation is received, causing first
`
`communication circuit to transmit a requestfor the first content data (Fig. 4 &
`
`40196-90199; 207. A set-top box receives a playback request messageinput by a user,
`
`and sendsa playlist request message to the media gateway to request the playlist from
`
`the media gateway), which includes gapless playback instruction information (Fig.
`
`4 & 40196-90220; 207. A set-top box receives a playback request message input by a
`
`user, and sendsa playlist request message to the media gateway to requestthe playlist
`
`from the media gateway. [0199] the playback request message may carry program
`
`information of a video that the user requests to play. The program information of the
`
`video that is requested to be played includes: release time, director information, cast
`
`information, and the like of the video. [0200] In a specific implementation, the user
`
`operates the set-top box to request the media gateway to provide the playlist, so as to
`
`select a program of interest from the playlist provided by the media gateway for
`
`playback.
`
`[0201] 208. The media gateway receivesthe playlist request message of the
`
`set-top box, and sends the playlist to the set-top box. [0202] the media gateway sends
`
`the playlist to the set-top box, so that the set-top box performs continuous playback
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 10
`
`of the video segments according to the playlist. Also note that the usable video
`
`segments of the to-be-played video include video segmentsin different formats. The
`
`playlist includes: a playback start position, a playback end position, address information,
`
`duration information, and program information of each usable video segmentof the to-
`
`be-played video and a size of each usable video segmentof the to-be-played video.
`
`The program information is identification information of the to-be-played video),
`
`and when the operation is not received, causing first communication circuit
`
`to transmit a requestfor thefirst content data, which does not include gapless
`
`playback instruction information (0196-0220; this limitation is obvious from §0196-
`
`40198 because the set top box receives a playback request message input by a user
`
`where the request carry different information. For gapless playlist the information
`
`includes “START_SEAMLESS’”in the header. For regular playlist the information does
`
`not include “START_SEAMLESS’”in the header. So the request for content data is sent
`
`either way with or without “START_SEAMLESS” based on a user’s input. Oneof
`
`ordinary skill
`
`in the art would realize that a request could be sent to set-top box for
`
`playback without headerinformation “START_SEAMLESS” that indicates a gapless
`
`playback. A header information without the command/operation “START_SEAMLESS’”
`
`means to one of ordinary skill in the art that the platform or media player is not
`
`configured to perform gapless playback or do not support it. Note that Examiner's
`
`interpretation is consistent with applicant’s specification in Fig. 6 & (0059-0062 where
`
`the request for no gapless information is merely an HTTP request without Gapless.
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`Similar to Zhang that a user may send a request without “Start_SEAMLESS’).
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 11
`
`Regarding Claim 2, Zhang in view of Miyake teach the contentdistribution
`
`system according to claim 1, Zhang further teaches wherein the second processor
`
`causes the second communication circuit to transmit first order information and second
`
`order information in response to the requestfor the first content data ((0110-§0113 &
`
`40204-40215 playing different segments from different locations in order. Also see Fig.
`
`4 that illustrate gapless slicing. Also see 40196-4220 thatillustrate table 1 with
`
`commandswith gapless playback and playlist details), the first order information
`
`indicating at which position in the playback order the first content data is to be played
`
`back, the second order information indicating at which position in the playback order the
`
`second content data is to be played back ($0110-§0113 & 40204-40215 playing
`
`different segments from different locations in order. Also see 40196-9220 that illustrate
`
`table 1 with commands with gapless playback andplaylist details).
`
`Regarding Claim 3, Zhang in view of Miyake teach the content distribution
`
`system according to claim 2, Zhang further teaches wherein the second processor
`
`causes the second communication circuit to transmit a first transmission unit and a
`
`second transmission unit in response to the request for the first content data (§0204-
`
`4]0215 different segments from different locations is searched based on a user's request
`
`which similar to first and second transmission units. Also see Fig. 4 & 40196-9220 that
`
`illustrate table 1 with commands with gapless playback and playlist details), the first
`
`transmission unit including the first content data and the first order information, the
`
`second transmission unit including the second content data and the second order
`
`information (§0110-§0113 & 40204-0215 playing different segments from different
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 12
`
`locations in order. Also see Fig. 4 & 40196-9220 that illustrate table 1 with commands
`
`with gapless playback and playlist details).
`
`Regarding Claim 4, Zhang in view of Miyake teach the content distribution
`
`system according to claim 1, Zhang further teaches wherein the second processor
`
`causes the second communication circuit to transmit all the pieces of content data in
`
`response to the request for the first content data (Also see Fig. 4 & 40196-9220 that
`
`illustrate table 1 with commands with gapless playback and playlist details), the pieces
`
`of content data being determined to be played back starting from the first content data in
`
`the playback order (0204-40218; starting time is determined and based on the
`
`information gapless slicing may take place or may not where all segments are being
`
`transfer to satisfy start and end time. Note that user input dictates what is requested
`
`meaning that one skilled in the art would realize that a user may request specific
`
`content).
`
`Regarding Claim 5, Zhang in view of Miyake teach the contentdistribution
`
`system according to claim 1, Zhang further teaches wherein the second processor
`
`causes the second communication unit to transmit only the first content data out of the
`
`first content data and the second content data in response to the request for the first
`
`content data (Also see Fig. 4 & 40196-4220 thatillustrate table 1 with commands with
`
`gapless playback and playlist details. Note that user input dictates what is requested
`
`meaning that one skilled in the art would realize that a user may request specific
`
`content), when the request for the first content data received by the second
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 13
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`communication unit does not include the gapless playback instruction information
`
`(0204-90218; starting time is determined and based on the information gapless slicing
`
`may take place or may not. Also see Fig. 4 & 40196-9220 that illustrate table 1 with
`
`commandswith gapless playback and playlist details).
`
`Regarding Claim 6, Zhang in view of Miyake teach the contentdistribution
`
`system according to claim 1, Zhang further teaches wherein thefirst content data and
`
`the second content data each are music data recorded in a recording medium (Fig. 4),
`
`and the second processor causes the second communication unit to transmit the first
`
`content data and the second content data obtained from the recording medium ({0003
`
`& 90204-40218; video media stored in different recording medium and gathered
`
`according to user’s request. Also see Fig. 4 & 40196-4220 thatillustrate table 1 with
`
`commandswith gapless playback and playlist details.).
`
`Regarding Claim 7, Zhang in view of Miyake teach the contentdistribution
`
`system according to claim 1, Zhang further teaches wherein the playback apparatus
`
`further includes an touch panel that receives user's operation (Also see Fig. 4 & §0196-
`
`220 thatillustrate table 1 with commands with gapless playback and playlist details
`
`based on user’s input. Note that it is obvious that a device includes a touch panel), and
`
`the first processor determines whether or not to include the gapless playback instruction
`
`information in the request for the first content data, according to the user's operation
`
`received by the touch panel (Also see Fig. 4 & 40196-9220 thatillustrate table 1 with
`
`commandswith gapless playback and playlist details. Note that user input dictates what
`
`

`

`Application/Control Number: 16/097,08 1
`Art Unit: 2455
`
`Page 14
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`is requested meaning that one skilled in the art would realize that a user may request
`
`specific content. Also see playback requests based on user’s input in 0043-62 &
`
`0079-0099).
`
`Claims 8-9 are substantially similar to claim 1, thus the same rationale applies.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MAHRAN ABU ROUMI whosetelephone numberis
`
`(469)295-9170. The examiner can normally be reached on Monday-Thursday 6AM-
`
`5PM.
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`Application/Control Number: 16/097,08 1
`Art Unit: 2455
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`Page 15
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`MAHRAN ABU ROUMI
`Primary Examiner
`Art Unit 2455
`
`/MAHRAN Y ABU ROUMI/
`Primary Examiner, Art Unit 2455
`
`