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 .
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.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 3-4, 13-14 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 3 recites “the second encoding circuitry generates encoded data by encoding data of the program video image on which additional information configuring the partial presentation area is superimposed” (which appears to be described in Fig. 2, paragraph 43-44) which is not supported by applicant’s specification in combination with the amended language of claim 1.
As claim 1 already recites “the second encoding circuitry generates encoded data by encoding, independently of a base layer, a partial presentation area including additional information to be presented by being added on the program video image” (which appears to be described in Fig. 5, paragraph 66), applicant’s specification as originally filed does not appear to provide support for both embodiments at the same.
Claim 13 recites “the second stream is encoded data obtained by encoding the data of the program video image on which additional information is superimposed” (which appears to be described in Fig. 2, paragraph 43-44) which is not supported by applicant’s specification in combination with the amended language of claim 11.
As claim 11 already recites “the encoded data is generated by encoding, independently of a base layer, a partial presentation area including additional information to be presented by being added on the program video image” (which appears to be described in Fig. 5, paragraph 66), applicant’s specification as originally filed does not appear to provide support for both embodiments at the same.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-4, 13-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
While claim 3 recites “the second encoding circuitry generates encoded data by encoding data of the program video image on which additional information configuring the partial presentation area is superimposed”, it is unclear how this would be possible in combination with the limitations recited in claim 1 of “the second encoding circuitry generates encoded data by encoding, independently of a base layer, a partial presentation area including additional information to be presented by being added on the program video image”.
It is unclear how the partial presentation area would be both encoded independently of a base layer and encoded data of the program video image.
While claim 13 recites “the second stream is encoded data obtained by encoding the data of the program video image on which additional information is superimposed”, it is unclear how this would be possible in combination with the limitations recited in claim 11 of “the encoded data is generated by encoding, independently of a base layer, a partial presentation area including additional information to be presented by being added on the program video image”.
It is unclear how the partial presentation area would be both encoded independently of a base layer and encoded data of the program video image.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6-8, 10-14, 16-20, 22-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boyce (US 2017/0287443).
As to claims 1 and 23, Boyce discloses a transmitter apparatus used in a video distribution system (Fig. 1, 100), and corresponding method, the transmitter apparatus comprising:
first encoding circuitry configured to output a first stream in multi-stream encoding (primary content video; paragraph 20, 31, 55);
second encoding circuitry configured to output a second stream in the multi- stream encoding (overlay label frame; paragraph 27-31, 53-55); and
multiplexing circuitry configured to multiplex and output the first stream and the second stream (combined into single bitstream and output to network; paragraph 30-32, 42, 55),
wherein the first encoding circuitry outputs encoded data obtained by encoding a main video image as the first stream, such that the first encoding circuitry outputs encoded data of a preserved program video image as the first stream (primary content video; paragraph 20, 31, 55), and
the second encoding circuitry outputs encoded data obtained by encoding a partial presentation area to be presented by being added to the main video image as the second stream (Fig. 5-7; label layer overlaid onto portion of main video; paragraph 47-50), such that the second encoding circuitry generates encoded data by encoding, independently of a base layer, a partial presentation area including additional information to be presented by being added on the program video image (generated graphics which are separate from the content video; paragraph 26-32, 37, 53-54), and outputs the encoded data as the second stream (overlay label frame layer; paragraph 30-32).
As to claim 2, Boyce discloses wherein the first encoding circuitry outputs a stream of a base layer in the multi-stream encoding (primary picture layer; paragraph 30-31), the second encoding circuitry outputs a stream of an enhancement layer in the multi-stream encoding (overlay layer; paragraph 30-31), and the multiplexing circuitry multiplexes and transmits the stream of the base layer and the stream of the enhancement layer (paragraph 30-32).
As to claim 3, Boyce discloses wherein the first encoding circuitry outputs encoded data of a preserved program video image as the first stream (primary picture layer; paragraph 30-31), and the second encoding circuitry generates encoded data by encoding data of the program video image on which additional information configuring the partial presentation area is superimposed, and outputs the encoded data as the second stream (overlay layer over portions of the primary display; Fig. 5-7; paragraph 30-31, 48-50).
As to claim 4, Boyce discloses wherein the second encoding circuitry encodes an entire presentation area of the program video image on which the additional information is superimposed by interlayer prediction which refers to a base layer (mandatory overlays used to properly render the content video with colors, shading, backgrounds, etc; paragraph 31, 37).
As to claim 6, Boyce discloses wherein the second encoding circuitry encodes the partial presentation area by performing at least one of intra prediction and interlayer non-reference inter prediction within the partial presentation area (paragraph 31).
As to claim 7, Boyce discloses the second encoding circuitry encodes a presentation area other than the partial presentation area as an area to refer to the base layer (paragraph 31, 37).
As to claim 8, Boyce wherein the multiplexing circuitry transmits the second stream which transmits the additional information as an essential stream for which it is essential to be decoded on a receiving side (overlays which are required and cannot be removed; paragraph 37).
As to claim 10, Boyce discloses wherein the multiplexing circuitry adds and transmits a flag indicating that the additional information is transmitted by the second stream when multiplexing the additional information (paragraph 28, 32-35).
As to claim 11, 24, Boyce discloses a receiver apparatus used in a video distribution system (Fig. 1, 200), and corresponding method, the receiver apparatus comprising:
acquisition circuitry configured to acquire a first stream and a second stream in multi-stream encoding (204, paragraph 33-34); and
decoding circuitry configured to decode each of the first stream and the second stream (paragraph 30),
wherein the first stream is data obtained by encoding a main video image, such that the first stream is encoded data of a preserved program video image (primary content video; paragraph 20, 31, 55), and
the second stream is encoded data obtained by encoding a partial presentation area to be presented by being added on the main video image (Fig. 5-7; label layer overlaid onto portion of main video; paragraph 47-50), such that the encoded data is generated by encoding, independently of a base layer, a partial presentation area including additional information to be presented by being added on the program video image (generated graphics which are separate from the content video; paragraph 26-32, 37, 53-54), and the encoded data is output as the second stream (overlay label frame layer; paragraph 30-34).
As to claim 12, Boyce discloses wherein the first stream is a stream of a base layer in the multi-stream encoding (primary picture layer; paragraph 30-31), the second stream is a stream of an enhancement layer in the multi-stream encoding (overlay layer; paragraph 30-31), and the decoding circuitry combines and decodes the first stream and the second stream (paragraph 33-36).
As to claim 13, Boyce discloses wherein the first stream is encoded data of a program video image (primary picture layer; paragraph 30-31), and the second stream is encoded data obtained by encoding the data of the program video image on which additional information configuring the partial presentation area is superimposed (overlay layer over portions of the primary display; Fig. 5-7; paragraph 30-31, 48-50).
As to claim 14, Boyce discloses wherein the decoding circuitry decodes an entire presentation area of the program video image on which the additional information is superimposed by interlayer prediction which refers to a base layer (mandatory overlays used to properly render the content video with colors, shading, backgrounds, etc; paragraph 31, 37).
As to claim 16, Boyce discloses wherein the decoding circuitry decodes the program video image from the first stream (paragraph 33-36), decodes the partial presentation area from the second stream (paragraph 33-36), and outputs a program video image with additional information using the program video image and the partial presentation area (paragraph 33-36).
As to claim 17, Boyce discloses wherein the decoding circuitry decodes the partial presentation area by performing at least one of intra prediction and interlayer non-reference inter prediction within the partial presentation area (paragraph 31, 37).
As to claim 18, Boyce discloses wherein the decoding circuitry decodes a presentation area other than the partial presentation area as an area to refer to the base layer (overlays which are required to modify the primary video area; paragraph 31, 37).
As to claim 19, Boyce discloses wherein the acquisition circuitry switches whether or not to acquire the second stream in response to an operation of a viewer (user selection of optional overlays; paragraph 33-37).
As to claim 20, Boyce discloses wherein the acquisition circuitry acquires the second stream which transmits the additional information as an essential stream for which it is essential to be decoded on a receiving side (overlays which are required and cannot be removed; paragraph 37).
As to claim 22, Boyce discloses detection circuitry configured to detect a flag multiplexed and transmitted on a transmission side, the flag indicating that the additional information is transmitted by the second bit stream, wherein the acquisition circuitry acquires the second stream in response to detection of the flag (paragraph 28, 32-35).
Claim Rejections - 35 USC § 103
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.
Claims 9, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Boyce.
As to claims 9, 21, while Boyce discloses wherein the multiplexing circuitry imparts a predetermined stream name defined as a stream name of the essential stream to the second stream which transmits the additional information (identifying each tag and which are required vs optional; paragraph 27-28, 37, 53-55), Boyce fails to explicitly disclose a number.
The examiner takes Official Notice that it was notoriously well known in the art to utilize numbers to represent and identify different items and would have simply required the simple substitution of one known element for another to obtain predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Boyce’s system to include a number to represent the stream instead of a name for the benefit of utilizing a widely known and established method of representing and identifying items through the simple substitution of one known element for another to obtain predictable results.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 James R Sheleheda whose telephone number is (571)272-7357. The examiner can normally be reached M-F 8 am-5 pm CST.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin Bruckart can be reached at (571) 272-3982. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James R Sheleheda/ Primary Examiner, Art Unit 2424
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