UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/683,038
`
`08/22/2017
`
`Hiroshi YAHATA
`
`P53192
`
`2739
`
`06/06/2019
`7590
`125331
`Panasonic Intellectual Property Corporation
`of America c/o Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`
`Reston, VA 20191
`
`EXAMINER
`
`ZHAO, DAQUAN
`
`ART UNIT
`2484
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`06/06/2019
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
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`gbp atent @ gbp atent.com
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
`
`Application No.
`15/683,038
`Examiner
`DAQUAN ZHAO
`
`Applicant(s)
`YAHATA et al.
`Art Unit
`2484
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1). Responsive to communication(s) filed on 4/29/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1—2 and 5—6 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 1—2 and 5—6 is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
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`Application Papers
`10)[:] The specification is objected to by the Examiner.
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`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] objected to by the Examiner.
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`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):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)D All
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`b)I:l Some**
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`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) C] Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Datew.
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20190531
`
`

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`Application/Control Number: 15/683,038
`Art Unit: 2484
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013,
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`is being examined
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`under the first inventor to file provisions of the AIA.
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`Response to Arguments
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`2.
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`Applicant's arguments filed 4/29/2019 have been fully considered but they are
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`not persuasive.
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`For the Obviousness Type Double Patenting Rejection, Applicant argues claim 1
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`of the ‘024 application does not disclose device including a video player and such
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`method. The Examiner disagrees. Claim 1 of ‘024 application recites “a non-transitory
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`computer-readable medium configured to be reproduced by a playback device having a
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`read part and a reproduction part”. So the teaching of ‘024 application reads on the
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`claim playback device and playback method.
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`Double Patenting
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`3.
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`The nonstatutory double patenting rejection is based on ajudicially created
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`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
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`unjustified or improper timewise extension of the “right to exclude” granted by a patent
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`and to prevent possible harassment by multiple assignees. A nonstatutory double
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`patenting rejection is appropriate where the conflicting claims are not identical, but at
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`least one examined application claim is not patentably distinct from the reference
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`claim(s) because the examined application claim is either anticipated by, or would have
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`been obvious over, the reference claim(s). See, e.g.,
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`In re Berg, 140 F.3d 1428, 46
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`

`

`Application/Control Number: 15/683,038
`Art Unit: 2484
`
`Page 3
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`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);
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`In re Van Ornum,
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`686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
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`(CCPA 1970);
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`In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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`A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321 (d)
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`may be used to overcome an actual or provisional rejection based on nonstatutory
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`double patenting provided the reference application or patent either is shown to be
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`commonly owned with the examined application, or claims an invention made as a
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`result of activities undertaken within the scope of ajoint research agreement. See
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`MPEP § 717.02 for applications subject to examination under the first inventor to file
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`provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) -
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`706.02(l)(3) for applications not subject to examination under the first inventor to file
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`provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR
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`1.321(b).
`
`The USPTO Internet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application
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`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
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`PTO/AlA/25, or PTO/AlA/26) should be used. A web-based eTerminal Disclaimer may
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`be filled out completely online using web-screens. An eTerminal Disclaimer that meets
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`all requirements is auto-processed and approved immediately upon submission. For
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`more information about eTerminal Disclaimers, refer to
`
`
`
`

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`Application/Control Number: 15/683,038
`Art Unit: 2484
`
`Page 4
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`4.
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`Claims 1-2 and 5-6 are rejected on the ground of nonstatutory double patenting
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`as being unpatentable over claim 1 of US. Patent Application No. 15/683,024 (Co-
`
`Pending).
`
`For claims 1-2 of the instant Applicantion, claim 1 of the Co-Pending Application
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`teaches all the limitation of claims 1-2 of the instant Application except a video playback
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`unit that reads out and plays the at least one video stream based on the management
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`information file.
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`It would have been obvious to one ordinary skill in the art before the
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`effective filing date of the claimed invention to playback the content of the claimed
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`medium since the Co-Pending Application disclose all the management information of
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`the recording medium.
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`Claims 5-6 of the instant Application corresponds to claim 8 of the Co-Pending
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`Application.
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`5.
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`Claims 1-2 are rejected on the ground of nonstatutory double patenting as being
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`unpatentable over claim 1 of U.S. Patent Application No. 15/682,992 (Co-Pending 992),
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`and further in view of US. Patent Application No. 15683024 (Co-Pending024).
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`Claims 1-2 of the instant application, claim 1 of Co-Pending 992 disclose a
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`playback device that reads out and plays content from a non-transitory computer-
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`readable medium,
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`wherein, included in the non-transitory computer-readable medium are at least
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`one video stream that is encoded video information, and a management information file
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`including a first management file and a second management file, the first management
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`file including first attribute information relating to the entire non-transitory computer-
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`

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`Application/Control Number: 15/683,038
`Art Unit: 2484
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`Page 5
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`readable medium, the second management file including second attribute information
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`for a playback path (e.g. see claim 1 of Co-Pending 992). Co-Pending 992 does not
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`further specify the first attribute information indicates whether or not, for each of types of
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`dynamic range of luminance, the second management file using a predetermined type
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`among the types is included. Co-Pending024 discloses the first attribute information
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`indicates whether or not, for each of types of dynamic range of luminance, the second
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`management file using a predetermined type among the types is included (e.g. see
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`claim 1 of Co-Pending 024).
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`It would have been obvious to one ordinary skill in the art
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`before the effective filing date of the claimed invention to incorporate the teaching of Co-
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`Pending024 into the teaching of Co-Pending992 to improve convenience for user.
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`6.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`Any inquiry concerning this communication or earlier communications from
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`the examiner should be directed to DAQUAN ZHAO whose telephone number is
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`

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`Application/Control Number: 15/683,038
`Art Unit: 2484
`
`Page 6
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`(571)270-1119 or email daquan.zhao1@uspto.gov.
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`If attempts to reach the examiner
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`by telephone are unsuccessful, the examiner’s supervisor, Tran Thai Q, can be reached
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`on (571)272-7382. The fax phone number for the organization where this application or
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`proceeding is assigned is (571) 273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free).
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`If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/DAQUAN ZHAO/
`
`Primary Examiner, Art Unit 2484
`
`