CTNF 18/857,521 CTNF 83033 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-30-03-h AIA Claim Interpretation 07-30-03 AIA The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. 07-30-05 The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 07-30-06 This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first communication unit”, “control unit”, “second communication unit”, “format conversion unit” in claims 6-9, 15-18. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 6-9, 15-18 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. Claim limitation “a first communication unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not disclose a specific algorithm or specific structure for performing the function of transmitting the baseband video data to the external device via the network and receiving the transmission speed change request. The disclosure merely describes the function of the first communication unit. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Claim limitation “second communication unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not disclose a specific algorithm or specific structure for performing the function of receiving the baseband video data from the device and transmitting a control signal that controls the transmission speed of the baseband video data. The disclosure merely describes the function of the second communication unit. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Claim limitation “control unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not disclose a specific algorithm or specific structure for performing the function of controlling the transmission speed of the baseband video data on a basis of the transmission speed change request received by the first communication unit. The disclosure merely describes the function of the control unit. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. 07-34-23 Claim limitation “format conversion unit” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not disclose a specific algorithm or structure for performing the function of changing the baseband video data from a format corresponding to the predetermined wired interface to a format corresponding to the network. The disclosure merely describes the function of the format conversion unit. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. 07-30-01 AIA 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 6-9, 15-18 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. The specification describes the “first communication unit”, “control unit”, “second communication unit”, “format conversion unit” only in functional terms and does not describe the structure or algorithm used to perform the related functions. Accordingly, the specification fails to provide adequate support for the claimed modules. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kang (US 2021/0092340) . Regarding claim 1, Kang discloses a transmission device configured to: Transmit baseband video data to an external device through a network (figs. 2,4,6,7; [0041-0044, 0054, 0086-0090] The video signal is transmitted to the electronic device (represents the external device) through a wireless network (wifi) ) and; Control a transmission speed of the baseband video data on a basis of a transmission speed change request received from the external device via the network(figs. 2,4,6,7; [0041-0044, 0054, 0086-0090] Transmission speed can be changed through FVA ). Regarding claim 2, Kang discloses wherein the baseband video data is baseband video data corresponding to a predetermined wired interface ([0042-0044]). Regarding claim 3, Kang discloses wherein the predetermined wired interface is an HDMI or a DisplayPort ([0066]). Regarding claim 4, Kang discloses wherein the network is an optical communication network ([0054] “5G”). Regarding claim 5, Kang discloses wherein the transmission speed of the baseband video data is controlled by changing a frame rate ([0044]). Regarding claim 6, Kang discloses a first communication unit (fig. 2(21) configured to communicate with the external device via the network ([0041]); The first communication unit being configured to transmit the baseband video data to the external device via the network and receives the transmission speed change request from the external device via the network ([0054, 0086-0090]); A control unit (fig. 2(23)) configured to control the transmission speed of the baseband video data on a basis of the transmission speed change request received by the first communication unit ([0054, 0086-0090]). Regarding claim 7, Kang discloses a second communication unit configured to perform communication with a video device that outputs the baseband video data (fig. 1, [0079, 0095, 0097, 0101]), The second communication unit being configured to receive the baseband video data from the video device, and transmit a control signal that controls the transmission speed of the baseband video data output from the control unit to the video device (fig. 1, [0079, 0095, 0097, 0101]). Regarding claim 8, Kang discloses wherein the baseband video data is baseband video data corresponding to a predetermined wired interface, and the second communication unit is connected to the video device by a cable corresponding to the predetermined wired interface ([0042-0044]). Regarding claim 9, Kang discloses wherein the baseband video data is baseband video data corresponding to a predetermined wired interface ([0042-0044]), A format conversion unit configured to change the baseband video data from a format correspond to the predetermined wired interface to a format corresponding to the network is further included, and [0054, 0055, 0066]); The first communication unit transmits the format-converted baseband video data to the external device via the network ([0054, 0055, 0066]). Regarding claim 10, Kang discloses a reception device configured to: Receive baseband video data from an external device via a network (figs. 2, 4, 6, 7; [0041-0044, 0054, 0086-0090]); Transmit a transmission speed change request to the external device via the network on a basis of a buffer amount of the baseband video data ([0041-0044, 0054, 0086-0090] optimum transmission speed is determined by considering the capacity of the buffer ). Regarding claim 11, see the rejection of claim 2. Regarding claim 12, see the rejection of claim 3. Regarding claim 13, see the rejection of claim 4. Regarding claim 14, see the rejection of claim 5. Regarding claim 15, see the rejection of claim 6. Regarding claim 16, see the rejection of claim 7. Regarding claim 17 , see the rejection of claim 8. Regarding claim 18, see the rejection of claim 9. Regarding claim 19, see the rejection of claims 1 and 10. Regarding claim 20, see the rejection of claims 3 and 4. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL HYUN HONG whose telephone number is (571)270-1553. The examiner can normally be reached M-F 9:00-5:30. 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, Nasser Goodarzi can be reached at (571)272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL H HONG/Primary Examiner, Art Unit 2426 Application/Control Number: 18/857,521 Page 2 Art Unit: 2426 Application/Control Number: 18/857,521 Page 3 Art Unit: 2426 Application/Control Number: 18/857,521 Page 4 Art Unit: 2426 Application/Control Number: 18/857,521 Page 5 Art Unit: 2426 Application/Control Number: 18/857,521 Page 6 Art Unit: 2426 Application/Control Number: 18/857,521 Page 7 Art Unit: 2426 Application/Control Number: 18/857,521 Page 8 Art Unit: 2426 Application/Control Number: 18/857,521 Page 9 Art Unit: 2426 Application/Control Number: 18/857,521 Page 10 Art Unit: 2426
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