www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/732,706
`
`04/29/2022
`
`Noritaka IGUCHI
`
`2022-0818
`
`6103
`
`op
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`DANG,PHILIP
`
`PAPER NUMBER
`
`ART UNIT
`2488
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/23/2024
`
`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)
`
`

`

`Office Action Summary
`
`Application No.
`17/732,706
`Examiner
`Philip P Dang
`
`Applicant(s)
`IGUCH et al.
`Art Unit
`2488
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 7/10/2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() 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)(2) 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.
`
`Disposition of Claims*
`1-13 is/are pending in the application.
`)
`Claim(s)
`Sa) Of the above claim(s) 1-11 is/are withdrawn from consideration.
`[] Claim(s)__ is/are allowed.
`Claim(s) 12-13 is/are rejected.
`[) Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto 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)2) The specification is objected to by the Examiner.
`b)@M objected to by the Examiner.
`11)M The drawing(s)filed on 6/15/2022 is/are: a)C) accepted or
`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)2) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.1.) 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 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)
`
`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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20241016
`
`

`

`Application/Control Number: 17/732,706
`Art Unit: 2488
`
`Page 2
`
`DETAILED ACTION
`
`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.
`
`Applicant Responseto OfficialAction
`
`2.
`
`The response filed on 7/10/2024 has been entered and made of record. As it was
`
`indicated in the Pre-Brief Appeal Conference decision, the previous rejection is withdrawn and a
`
`new Office action is issued.
`
`Objections
`
`3.
`
`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
`
`feature of the invention specified in the claims. Therefore, “the first time information indicating a
`
`start time of a time period”, “the secondtime information indicating, based onthe starttime,
`
`presentation times of respective data units in the time period”, and “the control information
`
`indicating a time at which a leap secondwill occur and an offset value” of the amendedclaims
`
`must be shown or the features must be canceled from the claims 12-13. No new matter should
`
`be entered.
`
`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
`
`the Office action to avoid abandonment of the application. Any amended replacement drawing
`
`sheet should include all of the figures appearing on the immediate prior version of the sheet,
`
`even if only one figure is being amended. The figure or figure number of an amended drawing
`
`should not be labeled as “amended.” If adrawing figure is to be canceled, the appropriate figure
`
`must be removed from the replacement sheet, and where necessary, the remaining figures
`
`must be renumbered and appropriate changes made to the brief description of the several views
`
`

`

`Application/Control Number: 17/732,706
`Art Unit: 2488
`
`Page 3
`
`of the drawings for consistency. Additional replacement sheets may be necessary to show the
`
`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
`
`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
`
`pursuant to 37 CFR 1.121 (d). If the changes are not accepted by the examiner, the applicant
`
`will be notified and informed of any required corrective action in the next Office action. The
`
`objection to the drawings will not be held in abeyance.
`
`Claim Rejection — 35 U.S.C. § 112
`
`The following is a quotation of 35 U.S.C. 112(a):
`
`(a) INGENERAL.—Thespecification shall contain a written description of the invention,
`and of the manner and process of making andusingit, in suchfull, clear, concise, and
`exact terms as to enable any personskilled in the art to whichit pertains, or with whichit
`is most nearly connected, to make and use the same, and shall set forth the best mode
`contemplated by the inventororjoint inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AlA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the manner
`and process of making and usingit, in suchfull, clear, concise, and exactterms as to
`enable any person skilled in the art to whichit pertains, or with whichit is most nearly
`connected, to make and use the same andshall set forth the best mode contemplated
`by the inventor of carrying out his invention.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(B) CONCLUSION.— Thespecification shall conclude with one or more claims
`particularly pointing out and distinctly claiming the subject matter which the inventor or a
`joint inventor regardsas the invention.
`
`The following is a quotation of pre-AlA 35 U.S.C. 112, second paragraph:
`
`The specification shall conclude with one or more claims particularlypointing out and
`distinctly claiming the subject matter which the applicant regards as his invention.
`
`6.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(a) or pre-AlA 35 U.S.C. 112, first
`
`paragraph because of anew matter. The amendedclaimsinclude limitation, “ihe first time
`
`

`

`Application/Control Number: 17/732,706
`Art Unit: 2488
`
`Page 4
`
`information indicating @ start time of a time periag’. It is noted that the “start time” is mentioned
`
`only 3 times in the specification in paragraphs [0468, 0503, 1029]. However, none of these
`
`occasions indicates “the first lime informationindicating a start time of 3 time period’. Hence,
`
`the claim limitation “the firsi ime information indicating 2 start line of a time meric?is anew
`
`matter, which is not described in the application as originally filed. The new matter is required to
`
`be canceled from the claims (Please see MPEP 608.04).
`
`7.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(a) or pre-AlA 35 U.S.C. 112, first
`
`paragraph because of anew matter. The amendedclaimsinclude limitation “the second time
`
`information indicating, based onthe start time, presentation times of respective data units in the
`
`time perioa’. \t is noted that the “start time” is mentioned only three timesin the specification in
`
`paragraphs [0468, 0503, 1029]. However, none of these occasions indicates “the second time
`
`information indicating, based on the start time, presentation times of respective data units in
`
`the time period’. Hence, the claim limitation “the second time information indicating, based on
`
`the start time, presentation times of respective data units in the time period” is anew matter,
`
`which is not describedin the application as originally filed. The new matter is required to be
`
`canceled fromthe claims (Please see MPEP 608.04).
`
`3.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(a) or pre-AlA 35 U.S.C. 112, first
`
`paragraph because of anew matter. The amendedclaimsinclude limitation “ife first time
`
`information indicating a start time of a time period’. It is noted that the paragraph [0124] of the
`
`specification as well as paragraph [0884] of the specification indicates that the first time
`
`information is the presentation time: “firsi ime information incicaling a presentation time of
`
`ihe first data un? [para. 0124], and “The MPU time siamp descripior stores presentation ime
`
`information (the first time information) indicating a PTS[para. 0884]. The amended claims
`
`are clearly contradicted with the descriptions from the specification. As aresult, the claim
`
`limitation, “the first time information indicating a start Hime of a time periag’, is anew matter,
`
`

`

`Application/Control Number: 17/732,706
`Art Unit: 2488
`
`Page 5
`
`which is not describedin the application as originally filed. The new matter is required to be
`
`canceled fromthe claims (Please see MPEP 608.04).
`
`9.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(a) or pre-AlA 35 U.S.C. 112, first
`
`paragraph because of anew matter. The amendedclaimsinclude limitations “the contro!
`
`information indicating a time at which a leap second will occur and an offset value’. |t is noted
`
`the paragraph [0131] of the specification indicates that “the control information including the
`
`first time information” [para. 0131]. Moreover, as mentionedin the previous section,
`
`paragraphs [0124, 0884] of the specification teach that the first time information is the
`
`presentation time. Hence, according to the description from the specification, the control
`
`information would include the presentation time. Hence, the amendedclaims “the contro!
`
`information indicating a time at which a leap secondwill occur and an offset value’ are clearly
`
`contradicted with descriptions from the specification. As aresult, the claim limitation, “the
`
`control information indicating a time at which a leap second will occur and an offset value’, is a
`
`new matter, which is not described in the application as originally filed. The new matter is
`
`required to be canceled from the claims (Please see MPEP 608.04).
`
`10.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(a) or pre-AlA 35 U.S.C. 112, first
`
`paragraph because of anew matter. The amendedclaimsinclude limitation, “a first data unit
`
`havinga first presentation time to which the offset value is not applied in the deriving’. |t is noted
`
`that the “offset value” is mentioned only 6 times in the specification in paragraphs [0270, 0271,
`
`0457, 0525, 0528, 0529]. However, none of these occasions describes that the offset value is
`
`not applied in the deriving to the presentation time of the first data unit. Hence, the claim
`
`limitation “a first data unit having a first presentation time to which the offset value is not applied
`
`in the deriving’ is anew matter, which is not described in the application as originally filed. The
`
`new matter is required to be canceled from the claims (Please see MPEP 608.04).
`
`11.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(a) or pre-AlA 35 U.S.C. 112, first
`
`paragraph because of anew matter. The amendedclaimsinclude limitation, “a second data unit
`
`

`

`Application/Control Number: 17/732,706
`Art Unit: 2488
`
`Page 6
`
`having a second presentation time to which the offset value is applied in the deriving’. |t is noted
`
`that the “offset value” is mentioned only 6 times in the specification in paragraphs [0270, 0271,
`
`0457, 0525, 0528, 0529]. However, none of these occasions describes that the offset value is
`
`applied in the deriving to the presentation time of the second data unit. Hence, the claim
`
`limitation “a second data unit having a second presentation time to which the offset valueis
`
`applied in the deriving’ is anew matter, which is not described in the application as originally
`
`filed. The new matter is required to be canceled from the claims (Please see MPEP 608.04).
`
`12.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter, which the inventor or a joint inventor, or for pre-AlA the applicant regards as the
`
`invention. The amendedclaimsinclude limitation, “ffe first time information indicatingastart
`
`line of a lime oeriog’. It is noted that the “start time” is mentioned only 3 times in the
`
`specification in paragraphs [0468, 0503, 1029]. However, none of these occasions indicates
`
`“the first time information indicating a start time of a ime perica’. On the other hand, paragraphs
`
`[0124] and [0884] of the specification specifically indicates that the first time informationis
`
`the presentation time: “first time information indicating a preseniation time of the first data unt
`
`[para. 0124], and “The MPU time stamp descripior siores presentation time information (ihe
`
`first time information) indicating a PTS’ [para. 0884]. Hence, itis not clear to readers from
`
`the specification that how the proposed method canobtain “4 siari frne’and “a time period
`
`from the first time information. Therefore, the claims are indefinite and are rejected under
`
`35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph.
`
`13.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter, which the inventor or a joint inventor, or for pre-AlA the applicant regards as the
`
`invention. The amendedclaimsinclude limitation, “the second time information indicating,
`
`basedon the start time, presentation times of respective data units in the time period’. \t is
`
`

`

`Application/Control Number: 17/732,706
`Art Unit: 2488
`
`Page 7
`
`noted that the “start time” is mentioned only 3 times in the specification in paragraphs [0468,
`
`0503, 1029]. However, none of these occasions indicates “the second time information
`
`indicating, based on the start time, presentation times of respective data units in the time
`
`period’. Moreover, paragraphs [0124] and [0884] of the specification specifically indicates that
`
`the first time information is the presentation time, and it is not a start time. Hence, itis not
`
`clear to readers from the specification that how the second time information can be based on
`
`the “sfari Hime”, which is notin the first time information to indicate the oresentation times of
`
`respective dala units in the tirne seriod. Therefore, the claims are indefinite and are rejected
`
`under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph.
`
`14.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter, which the inventor or a joint inventor, or for pre-AlA the applicant regards as the
`
`invention. The amendedclaimsinclude limitation, “a first data unit having a first presentation
`
`time to which the offset value is not applied in the deriving’. |t is noted that the “offset value’is
`
`mentioned only 6 times in the specification in paragraphs [0270, 0271, 0457, 0525, 0528, 0529].
`
`However, none of these occasions describes that the offset value is not applied in the deriving
`
`to the presentation time of the first dataunit. Hence, itis not clear to readers from the claims as
`
`well as from specification that whether or not the offset value is not applied in the deriving to the
`
`presentation time of the first data unit. Therefore, the claims are indefinite and are rejected
`
`under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph.
`
`15.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter, which the inventor or a joint inventor, or for pre-AlA the applicant regards as the
`
`invention. The amended claimsinclude limitation, “a second data unit having a second
`
`presentation time to which the offset value is applied in the deriving’. |t is noted that the “offset
`
`value’ is mentioned only 6 timesin the specification in paragraphs [0270, 0271, 0457, 0525,
`
`

`

`Application/Control Number: 17/732,706
`Art Unit: 2488
`
`Page 8
`
`0528, 0529]. However, none of these occasions describesthat the offset value is applied in the
`
`deriving to the presentation time of the second data unit. Hence, itis not clear to readers from
`
`the claims as well as from specification that whether or not the offset value is applied in the
`
`deriving to the presentation time of the second data unit.. Therefore, the claims are indefinite
`
`and are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph.
`
`16.
`
`Claims 12-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter, which the inventor or a joint inventor, or for pre-AlA the applicant regards as the
`
`invention. The amendedclaimsinclude limitations “the control information indicating a time at
`
`which a leap secondwill occur and an offset value’. It is noted the paragraph [0131] of the
`
`specification indicates that “the control information including the first time information”
`
`[para. 0131]; hence, the control information does notindicate atime at which a leap secondwill
`
`occur and an offset value”. As aresullt, itis not clear to readers fromthe claims as well as from
`
`specification that how the control information can indicate a time at which a leap second will
`
`occur and an offset value. Therefore, the claims are indefinite and are rejected under 35 U.S.C.
`
`112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph.
`
`17.—The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`Claim Rejections - 35 USC § 103
`
`rejections set forthin this Office action:
`
`A patent for aclaimed invention may not be obtained, notwithstanding that the
`claimed invention is not identically disclosed as set forth in section 102 of this
`title, if the differences between the claimed invention and the prior art are such
`that the claimed invention as a whole would have been obvious before the
`effective filing date of the claimed invention to a person having ordinaryskill in
`the art to which the claimed invention pertains. Patentability shall not be negated
`by the manner in which the invention was made.
`
`

`

`Application/Control Number: 17/732,706
`Art Unit: 2488
`
`Page 9
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`18.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the
`
`statutory basis for the rejection will not be considered anew ground ofrejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same under either status.
`
`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 pre-
`
`AIA 35 U.S.C. 103(a) are summarized as follows:
`
`1. Determining the scope and contents of the priorart.
`
`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 presentin the application indicating obviousness or
`
`nonobviousness.
`
`This application currently namesjoint inventors. In considering patentability of the claims
`
`under pre-AlA 35 U.S.C. 103(a), the examiner presumesthat the subject matter of the various
`
`claims was commonly ownedat the time any inventions covered therein were made absent any
`
`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out
`
`the inventor and invention dates of each claim that was not commonly ownedatthe time a later
`
`invention was made in order for the examiner to consider the applicability of pre-AlA 35 U.S.C.
`
`103(c) and potential pre-AlA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AlA 35 U.S.C.
`
`103(a).
`
`19.
`
`Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Lee
`
`(US Patent 9,154,817 B2), (“Lee”), in view of Kitazato (US Patent Application Publication
`
`2018/0034571 A1), (“Kitazato”), in view of Tsukagoshi (US Patent Application
`
`Publication 2015/0373380 A1), (“Tsukagoshi’).
`
`

`

`Application/Control Number: 17/732,706
`Art Unit: 2488
`
`Page 10
`
`Regarding claim 12, Lee meetsthe claim limitations, as follows:
`
`A receiving method (i.e. a data processing method) [Lee: col. 1, line 24] comprising:
`
`using a receiver device (i.e. receiver) [Lee: col. 2, line 7; Fig. 1], receivingfirst time
`
`information ((i.e. a receiver configured to receive a broadcast signal in which main
`
`service data and mobile service data are multiplexed, a demodulator configured to
`
`demodulate the broadcast signal to acquire fast-information-channel signaling
`
`information including reference time information fora system clock, and output
`
`demodulation time information ofa specific position of a frame of the broadcast
`
`signal, a managerconfigured to establish the reference time information as the
`
`system clock at a demodulation time according to on the demodulation time
`
`information usingthe fast-information channelsignaling information, a decoder
`
`configured to decode the mobile service data according to the system clock, and
`
`a display configured to display content data contained in the decoded mobile
`
`service data. The reference time information is a Network Time Protocol (NTP)
`
`timestamp)
`
`[Lee: col. 2, line 7-23; Figs. 4, 20-21]; (i.e. The
`
`MH_current_event_descriptor() shall be used as the
`
`virtual_charmel_level_descriptor() within the SMT. Herein, the
`
`MH_current_event_descriptor() provides basic information on the current event(
`
`
`e.g., the start time, duration, and title ofthe current event, etc.)) [Lee: col. 24, line
`
`32-36; Figs. 20-21]), second time information(i.e. a presentation time stamp (PTS))
`
`[Lee: col. 29, line 30-31], and control information ((i.e. controls a service table
`
`information) [Lee: col. 32, line 53, Fig. 28]), the first time information indicating a start
`
`time of a time period ((i.e. The MH_current_event_descriptor() provides basic
`
`information on the current event( e.g., the start time, duration, and title of the
`
`current event, etc.)) [Lee: col. 24, line 34-36; Figs. 20-21]; (i.e. The
`
`current_event_start_time field correspondsto a 32-bit unsigned integer quantity.
`
`

`

`Application/Control Number: 17/732,706
`Art Unit: 2488
`
`Page 11
`
`The current event start_time field represents the start time of the current event)
`
`[Lee:col. 24, line 47-49], the second time information indicating (i.e. a presentation
`
`time stamp (PTS)) [Lee: col. 29, line 30-31], based onthe start time (i.e. The
`
`MH_current_event_descriptor() provides basic information on the current event(
`
`
`e.g., the start time, duration, and title ofthe current event, etc.)) [Lee: col. 24, line
`
`34-36; Figs. 20-21], presentation times(i.e. a presentation time stamp (PTS)) [Lee:
`
`col. 29, line 30-31] of respective data units ((i.e. data packets) [Lee: col. 12, line 5-6;
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`Figs. 7-12]; (i.e. MH frame units) [Lee: col. 14, line 17-18; Figs. 7-12]; (i.e. each
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`segment maybe interleaved by MH frame units) [Lee: col. 16, line 3-4; Figs. 7-12])
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`in the time period(i.e. the start time, duration, andtitle of the current event, etc.)
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`[Lee:col. 24, line 35-36; Figs. 20-21], the control information indicating a time at which
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`a leap second will occur and an offset value (i.e. The GPS_UTC_offsetfield
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`correspondsto an 8-bit unsigned integer, which defines the current offsetin
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`whole seconds between GPS and UTCtime standards. In order to convert GPS
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`time to UTC time, the GPS_UTC_offsetis subtracted from GPS time. Wheneverthe
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`International Bureau of Weights and Measuresdecidesthat the currentoffsetis
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`too far in error, an additional leap second may be added(or subtracted).
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`Accordingly, the GPS_UTC_offset field value will reflect the change) [Lee: col. 25,
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`line 53-61; Fig. 22]; and
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`using a processor((i.e. The digital broadcast receiving system according to the
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`present invention includes a baseband processor100, a management processor
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`200, and 15 a presentation processor 300) [Lee: col. 5, line 12-15]), deriving the
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`presentation times of the data units based onthefirst time information ((i.e. The
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`MH_current_event_descriptor() provides basic information on the current event(
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`e.g., the start time, duration, and title ofthe current event, etc.)) [Lee: col. 24, line
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`34-36; Figs. 20-21]; (i.e. The current_event_start_time field correspondsto a 32-bit
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`unsignedinteger quantity. Thecurrent event start_time field represents the start
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`time of the current event) [Lee: col. 24, line 47-49], the second time information(i.e. a
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`presentation time stamp (PTS)) [Lee: col. 29, line 30-31], and the control information
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`((i.e. controls a service table information) [Lee: col. 32, line 53, Fig. 28]), wherein
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`the data units include ((i.e. data packets) [Lee: col. 12, line 5-6; Figs. 7-12]; (i.e. MH
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`frame units) [Lee: col. 14, line 17-18; Figs. 7-12]; (i.e. each segment may be
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`interleaved by MH frameunits) [Lee: col. 16, line 3-4; Figs. 7-12]) (i) a first data unit
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`(i.e. first packet) [Lee: Fig. 6] having a first presentation time(i.e. a presentation time
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`stamp (PTS)) [Lee: col. 29, line 30-31] to which the offset value is not applied in the
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`deriving (i.e. The GPS_UTC_offset field correspondsto an 8-bit unsignedinteger,
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`which defines the current offset in whole seconds between GPS and UTCtime
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`standards. In orderto convert GPS time to UTC time, the GPS_UTC_offsetis
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`subtracted from GPStime) [Lee: col. 25, line 53-57; Fig. 22]— Note:It is clear from
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`Lee’s disclosure that when GPS_UTC_offset is zero, no offset value is applied),
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`the first presentation time being a time before the occurrenceof the leap second, and(ii)
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`a second data unit ((i.e. data packets) [Lee: col. 12, line 5-6; Figs. 7-12]; (i.e. MH
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`frame units) [Lee: col. 14, line 17-18; Figs. 7-12]; (i.e. each segment may be
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`interleaved by MH frameunits) [Lee: col. 16, line 3-4; Figs. 7-12] -— Note: Lee
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`discloses multiple data units) having a second presentation time (i.e. a presentation
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`time stamp (PTS)) [Lee: col. 29, line 30-31] to which the offset value is applied in the
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`deriving (i.e. The GPS_UTC_offset field correspondsto an 8-bit unsignedinteger,
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`which defines the current offset in whole seconds between GPS and UTCtime
`
`standards. In orderto convert GPS time to UTC time, the GPS_UTC_offsetis
`
`subtracted from GPS time. Wheneverthe International Bureau of Weights and
`
`Measures decidesthatthe current offsetis too far in error, an additional leap
`
`second maybe added (or subtracted). Accordingly, the GPS_UTC_offsetfield
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`value will reflect the change) [Lee: col. 25, line 53-61; Fig. 22], the second
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`presentation time being a time after the occurrence of the leap second.
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`Lee doesnot explicitly disclose the following claim limitations (Emphasis added).
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`using a processor, deriving the presentation times of the data units based onthefirst
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`time information, the second time information, and the control information, wherein the
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`data units include (i) a first data unit having a first presentation time to which the offset
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`value is not applied in the deriving, the first presentation time being a time before the
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`occurrence of the leap second, and(ii) a second data unit having a second presentation
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`time to whichthe offset value is applied in the deriving, the second presentation time
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`being a time after the occurrence of the leap second.
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`However, in the same field of endeavor Kitazato further discloses the claim limitations and the
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`deficient claim limitations, as follows:
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`the control information indicating a time at which a leap second will occur((i.e.a leap
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`second is generatedat the shifted time on the basis of the mode information)
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`[Kitazato; para. 0014] (i.e. The time information generating unit generates time
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`information byshifting, to shifted time, occurrence time of a leap second that can
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`be represented by the absolute time information acquired from the external
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`source) [Kitazato; para. 0005]) and an offset value (i.e. The time length information
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`arrangedin the MPUextended timestamp descriptor is formed by decoding time
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`information ofa presentation unit, transmitted first, represented by an offset time
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`length from the presentation time ofthe first presentation unit, information
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`representing time length for each presentation unit, and presentation time
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`information represented by anoffset time length from decoding time foreach
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`presentation unit) [Kitazato; para. 0132]; and
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`using a processor((i.e. a processing unit which processes) [Kitazato; para. 0012];
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`(i.e. Real-time distribution server) [Kitazato; para. 0359; Fig. 18]; (i.e. NTP server)
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`[Kitazato; para. 0151]), deriving the presentation times of the data units ((i.e. FIG. 14 is
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`a diagramillustrating a calculation method of decoding time DT and presentation
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`time PT on a reception side) [Kitazato; para. 0140; Fig. 14]; (i.e. generates
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`presentation time ofeach presentation unit group formed by a predetermined
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`numberof presentation units of transmission media onthe basis of the absolute
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`time information generated by the time information generating unit; an
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`identification information generating unit which generates identification
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`information identifying the first presentation unit group referring to absolute time
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`information after occurrence of a leap second when the leap second occurs in the
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`absolute time information generated by the time information generating unit)
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`[Kitazato; para. 0016]- Note: Kitazato discloses that there are multiple
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`presentation units, and each of them hasanoffset) based onthefirst time
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`information ((i.e. calculating decoding time and presentation time of each
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`presentation unit in accordance with reception of data of the presentation unit)
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`[Kitazato; para. 0149]; (i.e. Absolute time information illustrated in FIG. 21(a) is
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`referred to in accordance with each video MPU and thereby presentation time
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`(mpu_presentation_time) of a presentation unit (accessunit) in the headis set.
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`This presentation time is described in an MPU timestamp descriptor of an MP
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`table as described above(see FIG. 11). This presentation time is, for example,