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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-4 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11 and 12 of U.S. Patent No. 12,192,561. Although the claims at issue are not identical, they are not patentably distinct from each other because the features of the present claims are anticipated by the features of the parent patent claims.
Present Claims
1. A receiving method comprising:
Receiving a first control data and a first media data, the first control data including first time information indicating a presentation start time of the first media data specified in a first timeline;
Receiving a second media data; and
Decoding and representing the first media data and the second media data based on the first control data, wherein
An absence of an offset value in the first control data indicates the first timeline and a second timeline for the second media data are identical, the offset value indicating a difference between the first timeline and the second timeline.
2. The receiving method according to claim 1, further comprising:
Receiving the second control data, the second control data including second time information indicating a presentation start time of the second media data specified in the second timeline, wherein
The first control data including first location information, the first location information being used to obtain a second control data, the second control data including a second location information, the second information being used to obtain the second media data.
U.S. Patent No. 12,192,561
11. A receiving method comprising:
Receiving a first control data and a first media data, the first control data including first time information indicating a presentation start time of the first media data specified in a first timeline, the first control data including first location information, the first location information being used to obtain a second control data, the second control data including a second location information, the second location information being used to obtain a second media data;
Receiving the second control data and the second media data, the second control data including second time information indicating a presentation start time of the second media data specified in a second timeline;
Decoding and representing the first media data based on the first control data; and
Decoding and representing the second media data based on the first control data, wherein an absence of an offset value in the first control data indicates the first timeline and the second timeline are identical, the offset value in the first control data indicates the first timeline and the second timeline are identical, the offset indicating a difference between the first timeline and the second timeline.
Claims 1 and 2 are anticipated by the features of claim 11 of U.S. Patent No. 12,192,561.
Claims 3 and 4 are anticipated by the features of claim 12 of U.S. Patent No. 12,192,561.
Claims 1-4 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11 and 12 of U.S. Patent No. 11,765,414. Although the claims at issue are not identical, they are not patentably distinct from each other because the features of the present claims are anticipated by the features of the parent patent claims.
Present Claims
1. A receiving method comprising:
Receiving a first control data and a first media data, the first control data including first time information indicating a presentation start time of the first media data specified in a first timeline;
Receiving a second media data; and
Decoding and representing the first media data and the second media data based on the first control data, wherein
An absence of an offset value in the first control data indicates the first timeline and a second timeline for the second media data are identical, the offset value indicating a difference between the first timeline and the second timeline.
2. The receiving method according to claim 1, further comprising:
Receiving the second control data, the second control data including second time information indicating a presentation start time of the second media data specified in the second timeline, wherein
The first control data including first location information, the first location information being used to obtain a second control data, the second control data including a second location information, the second information being used to obtain the second media data.
U.S. Patent No. 11,765,414
11. A receiving method comprising:
Receiving a first control data and a first media data, the first control data including first time information indicating a presentation start time of the first media data specified in a first timeline, the first control data including first location information, the first location information indicating a Uniform Resource Locator (URL) of a second control data to obtain the second control data, the second control data including second location information indicating a URL of a second media data to obtain the second media data;
Receiving the second control data and the second media data, the second control data including second time information indicating a presentation start time of the second media data specified in a second timeline;
Decoding and representing the first media data based on the first control data; and
Decoding and representing the second media data based on the first control data, wherein a presence of an offset value in the first control data indicates the representation of the second media data is to be synchronized with the first media data according to the offset value, the offset value indicating a difference between the first timeline and the second timeline, and an absence of the offset value in the first control data indicates the first timeline and the second timeline are identical.
Claims 1 and 2 are anticipated by the features of claim 11 of U.S. Patent No. 11,765,414.
Claims 3 and 4 are anticipated by the features of claim 12 of U.S. Patent No. 12,192,561.
Allowable Subject Matter
Claims 1-4 are indicated as allowable subject matter with respect to the prior art claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to disclose or fairly suggest, alone or in combination, all of the features of independent claims 1 and 3.
Thangaraj et al. (US 2006/0133251 A1) discloses examining a plurality of portions of the audio data, where each of said plurality of portions of audio data is associated with a time stamp; examining a plurality of portions of the video data, where each of said plurality of portions of the video data is associated with a time stamp; decoding one of the portions of the video data; and decoding one of the portions of the audio data while decoding the one of the portions of the video data. The difference between the time stamp associated with the one of the portions of the video data and the time stamp associated with the one of the portions of the audio data is within a certain margin of error from a predetermined offset.
Birmiwal et al. (US 2009/0041053 A1) discloses a reference time is received. At a further step an offset time using the reference time and a local time is computed. At another step a media data is received. At a yet another step the offset time on the media data is stamped and at still another step the media data is received into a first buffer and made available for processing substantially immediately. At a subsequent step the media data may be supplied to a sink unit according to the stamped offset time, the local time and an associated time.
Laurent (US 2013/0335629 A1) discloses a reception device and a method for the processing of multimedia data flows in said device comprising an interface to a first network and an interface to a second network, said method comprising the following steps: receive, from the first network, a first flow comprising multimedia data through a first transport protocol fitted with a first data synchronization system; receive, from the second network, a second flow comprising multimedia data through a second transport protocol fitted with a second data synchronization system, said second synchronization system being based on timing references different from those of the first data synchronization system; characterized in that said first and second flows transport the same synchronization information in the payload field of the first and of the second transport protocol, said synchronization information comprising data indicating the moment from which said multimedia data must be rendered; synchronize said first and second flows by using said synchronization information; and perform a step for rendering said first and second multimedia flows.
Oh et al. (US 2016/0037199 A1) discloses a device for receiving a hybrid broadcast service and a method for transmitting the same. The device for receiving a hybrid broadcast service, according to one embodiment of the present invention, comprises: a first reception unit for receiving a first broadcast signal transmitted through a first network; a second reception unit for receiving a second broadcast signal transmitted through a second network, wherein the broadcast signal includes a service information table; a signaling information processing unit for extracting the service information table from the broadcast signal, wherein the service information table includes a component identifier descriptor for signaling information for identifying each of a plurality of components constituting one broadcast service, the component identifier descriptor including identification information; and an audio/video processing unit for acquiring the broadcast service including the plurality of components by using the component identification information, and decoding and reproducing the acquired broadcast service.
Kitahara (US 2014/0344884 A1) discloses an information processing apparatus includes a broadcast content processing unit that receives and processes broadcast content, and a controller that acquires, for each request for acquiring an application capable of being processed together with the broadcast content from a server, an application information table in which first information for calculating a random timing is stored, and calculates, based on the first information, a timing at which the request for acquiring the application is transmitted.
Conclusion
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FERNANDO . ALCON
Examiner
Art Unit 2425
/FERNANDO ALCON/ Primary Examiner, Art Unit 2425