DETAILED ACTION
Notice of Pre-AIA 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 .
Miscellaneous
Claims pending: 1-9
Claims elected: 1-3
Claims amended: n/a
Claims withdrawn: 4-9
New claims: n/a
Response to Arguments
Applicant’s arguments, with respect to the rejection(s) of claim(s) 1, 2 have been fully considered and are not persuasive.
Regarding applicant’s remarks dated 01/28/2026, regarding cited reference Kazuhiko fail to teach currently amended portions of the claim(s) 1, 2.
Upon further consideration, a new ground(s) of rejection is made in further view of Tokuyuki, see detailed action below.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over (JP2019201330A) to (Kazuhiko) in view of (JP2020022138) to (Tokuyuki)
Regarding claim(s) 1, Kazuhiko teach a digital broadcast receiving apparatus (P. 15, 44, 89, 92, 117, 130-131, 192, 199-200, 282, TV receiver scanning the frequency received via broadcast/ simulcast) one or more receivers configured to receive a broadcast wave of digital broadcasting in which a 2K broadcasting program and a 4K broadcasting program are transmitted by simultaneous broadcasting from a broadcast station side; (Fig 1P. 132, 202, 313 performing these displays on the broadcast receiving device 100, when the same content is being broadcast simultaneously as broadcast programs of different qualities, such as a 2K broadcast program and a 4K broadcast program, through simulcasting or the like) a controller; and a memory, (P.22-23, 313, 42, 78, 80, 85, 88, 212, 290, 316-317) detect a 2K broadcasting service that transmits the 2K broadcasting program by performing a frequency scan for the received broadcast wave and create a service list of the 2K broadcasting service by using information related to the detected 2K broadcasting service, detect, after the detection of the 2K broadcasting service, a 4K broadcasting service that transmits the 4K broadcasting program by performing a frequency scan for the broadcast wave and create a service list of the 4K broadcasting service by using information related to the detected 4K broadcasting service, and the memory stores a service list obtained by composing the created service list of the 2K broadcasting service and the created service list of the 4K broadcasting service. (P. 294-299, 301-302, tuning/detection unit 131V may scan the frequency range of 470 to 770 MHz, and the other may scan the frequency range of 770 to 1010 MHz (when the transmission wave is subjected to frequency conversion processing with the polarization detected by the other tuning/detection unit) ...allows for efficient scanning and service list creation...stored in the service list as channel(s) depending upon the layer)
Tokuyuki further teach information indicating whether detected 4K broadcasting
service and detected 2K broadcasting service are simultaneous broadcasting, the information being included in the detected 4K broadcasting service. (Tokuyuki Fig 1, P. 14, 31, 41, 73 a simulcast in which a video having a resolution of 4K and a video having a resolution of 2K are broadcast simultaneously are performed, … when a 4K video simulcast is selected by the receiving device 10 and the 4K video is being watched, the fact that there is a 2K video simulcast having the same content is displayed on-screen (for example, a dialog is displayed). Notify the user (refer to the dialog display indicated by reference numeral D1 in FIG. 1). With this, the user can know that there is a simulcast program with a lower resolution than the currently viewed video).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kazuhiko by information indicating whether detected 4K broadcasting service and detected 2K broadcasting service are simultaneous broadcasting, the information being included in the detected 4K broadcasting service as taught by Tokuyuki in order to improve convenience of selecting a program provided by simulcast services.
Regarding claim(s) 2, Kazuhiko teach a digital broadcast receiving apparatus (P. 15, 44, 89, 92, 117, 130-131, 192, 199-200, 282, TV receiver scanning the frequency received via broadcast/ simulcast) comprising: a first receiver configured to receive a broadcast wave of digital broadcasting in which a 2K broadcasting program and a 4K broadcasting program transmitted by modulation waves of different layers of the same broadcast wave are transmitted by simultaneous broadcasting from a broadcast station side; a second receiver configured to receive the broadcast wave of the digital broadcasting; (P. 294-299, 301-302, tuning/detection unit 131V may scan the frequency range of 470 to 770 MHz, and the other may scan the frequency range of 770 to 1010 MHz (when the transmission wave is subjected to frequency conversion processing with the polarization detected by the other tuning/detection unit)...allows for efficient scanning and service list creation...stored in the service list as channel(s) depending upon the layer) a controller; and a memory, (P.22-23, 313, 42, 78, 80, 85, 88, 212, 290, 316-317) wherein the first receiver and the second receiver receive the same digital broadcast wave but are different receivers, and detect a 2K broadcasting service that transmits the 2K broadcasting program by performing a frequency scan for the broadcast wave received by the first receiver and creates a service list of the 2K broadcasting service by using information related to the detected 2K broadcasting service, detect a 4K broadcasting service that transmits the 4K broadcasting program by performing a frequency scan for the same broadcast wave as that received by the first receiver and create a service list of the 4K broadcasting service by using information related to the detected 4K broadcasting service, (P. 132, 202, 313 performing these displays on the broadcast receiving device 100, when the same content is being broadcast simultaneously as broadcast programs of different qualities, such as a 2K broadcast program and a 4K broadcast program, through simulcasting or the like) and store in the memory a service list obtained by composing the created service list of the 2K broadcasting service and the created service list of the 4K broadcasting service. (In the case where different TV receivers are tuned to different types of channel frequencies, wherein one is tuned to the 2K channel(s) of the simulcast, and another is tuned to the 4K channel(s) of the simulcast, reads on (first and second receiver)).
Tokuyuki further teach information indicating whether detected 4K broadcasting
service and detected 2K broadcasting service are simultaneous broadcasting, the information being included in the detected 4K broadcasting service. (Tokuyuki Fig 1, P. 14, 31, 41, 73 a simulcast in which a video having a resolution of 4K and a video having a resolution of 2K are broadcast simultaneously are performed, … when a 4K video simulcast is selected by the receiving device 10 and the 4K video is being watched, the fact that there is a 2K video simulcast having the same content is displayed on-screen (for example, a dialog is displayed). Notify the user (refer to the dialog display indicated by reference numeral D1 in FIG. 1). With this, the user can know that there is a simulcast program with a lower resolution than the currently viewed video).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kazuhiko by information indicating whether detected 4K broadcasting service and detected 2K broadcasting service are simultaneous broadcasting, the information being included in the detected 4K broadcasting service as taught by Tokuyuki in order to improve convenience of selecting a program provided by simulcast services.
Regarding claim(s) 3, Kazuhiko in view of Tokuyuki teach the digital broadcast receiving apparatus according to The digital broadcast receiving apparatus.
Kazuhiko further teach wherein the 2K broadcasting service that transmits the 2K broadcasting program is transmitted by a modulation wave of an upper layer of the broadcast wave, and the 4K broadcasting service that transmits the 4K broadcasting program is transmitted by a modulation wave of a lower layer of the broadcast wave. (P. 223, transmits a broadcasting signal in which 2K broadcasting in the upper layer and 4K broadcasting in the lower layer are multiplexed).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONG LE whose telephone number is (571)270-7637. The examiner can normally be reached M-F (9 am - 6pm).
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/RONG LE/Primary Examiner, Art Unit 2421