`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`15/698,779
`
`
`
`
` F ING DATE
`
`09/08/2017
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Hiroshi YAHATA
`
`P53366
`
`1061
`
`.
`05/18/2018
`7590
`.
`125331
`Panasonlc Intellectual Property C0rp0rat10n
`of America c/o Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`Reston, VA 20191
`
`EXAMINER
`YANG, NIEN
`
`ART UNIT
`2484
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/18/2018
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`gbpatent @ gbpatent.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/698,779 YAHATA ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`NIEN-RU YANG $2213 2484
`-- The MAILING DA TE of this communication appears on the cover sheet with 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 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If 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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 02/27/2018.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I 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.
`
`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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI CIaim(s)1;8is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_1-8is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'I’vaIW.usnI‘.0. ovI’ atentS/init events/
`
`
`
`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)IXI The drawing(s) filed on 09/08/2017is/are: a)IXI accepted or b)|:l objected to by the Examiner.
`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)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
`
`b)|:l Some” c)I:l None of the:
`
`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`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)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
`
`3) D Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180503
`
`

`

`Application/Control Number: 15/698,779
`
`Page 2
`
`Art Unit: 2484
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`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.
`
`Response to Amendment
`
`1.
`
`This is a reply to the amendment filed on 02/27/2018, in which, claim 1 has been
`
`amended. Claims 1-8 remain pending in the present application with claims 1 and 5
`
`being independent claims.
`
`When making claim amendments, the applicant is encouraged to consider the
`
`references in their entireties, including those portions that have not been cited by the
`
`examiner and their equivalents as they may most broadly and appropriately apply to any
`
`particular anticipated claim amendments.
`
`Response to Arguments
`
`2.
`
`Regarding the 35 U.S.C. §112(f), invocation of claim 1, Applicants have
`
`amended the claim to clarify the subject matter, rendering the invocation moot.
`
`Therefore, the outstanding 35 U.S.C. §112(f) invocation of claim 1
`
`is withdrawn.
`
`3.
`
`Applicant's arguments with respect to claims 1 and 5 have been considered but
`
`are not persuasive.
`
`On pages 8 and 13, Applicant argues that, “YAMATA does not disclose the
`
`limitations in independent claim 1 that recite: a determiner that determines the stipulated
`
`

`

`Application/Control Number: 15/698,779
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`Page 3
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`Art Unit: 2484
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`data size indicated by the size information included in the map information that has
`
`been read out, in accordance with the bitrate information that has been read out;
`
`wherein the determiner determines the size information to be a value indicating a data
`
`size based on a first stipulated data size, in a case where the bitrate information
`
`indicates a bitrate larger than a predetermined value, (emphasis added). The Official
`
`Action asserts that YAHATA’s paragraphs [01591-[0161] disclose a determining unit that
`
`determines the size information indicating by the size information in accordance with the
`
`bitrate information. However, contrary to this assertion, paragraphs [0159]-[0161] of
`
`YAHATA do not disclose the above-cited limitations. In contrast, paragraphs [0159]-
`
`[0161] of YAHATA explains YAHATA’s Figures 22 and 23 that disclose determining an
`
`upper limit of | picture size according to the speed rate, not a bit rate.
`
`Thus, Applicant
`
`respectfully submits that the legal conclusion of obviousness regarding the rejection of
`
`independent claim 1 under 35 U.S.C. §103 should be withdrawn because it is based on
`
`the erroneous factual finding discussed above. Applicant submits that the obviousness
`
`rejection of independent claim 5 under 35 U.S.C. §103 should also be withdrawn
`
`because it is based on a similar erroneous factual finding.”
`
`In response, Examiner respectfully disagrees. Although cited portions of Yahata
`
`describes “a speed rate of the playback device 300 is assigned to each digit of the 3-bit
`
`value representing the l-picture size... the upper limit of the l-picture size for each
`
`speed rate is determined”, Yahata also discloses that bit rate information can be
`
`included in the Clip information to determine the meaning of the value of the i_end
`
`based on the bit rate information (see Yahata, paragraph [0180]: “It is acceptable to
`
`

`

`Application/Control Number: 15/698,779
`
`Page 4
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`Art Unit: 2484
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`include bit rate information in the Clip information and determine the meaning of the
`
`value of the |_end based on the bit rate information. For instance, it is possible to
`
`predefine |_end table for the case where the average bit rate is 10 Mbps, and use the
`
`value described in the |_end table multiplied by 1.5 as the |_end if the average bit rate
`
`of the AVClip is 15 Mbps. In stead of the average bit rate, the maximum bit rate may be
`
`used in the same way”). Therefore, Yahata meets the claimed limitations and the
`
`rejection is maintained.
`
`On pages 9-10 and 14-15, Applicant argues that, “YAHATA’s paragraphs [0054]-
`
`[0056] do notdisclose that a reader reads out both map information and bit rate
`
`information. In contrast, YAHATA’s paragraphs [OO54]-[OO56] merely state that a bit rate
`
`is assigned to each type of image, such as an image of nature or an animation. Thus,
`
`Applicant respectfully submits that the legal conclusion of obviousness regarding the
`
`rejection of independent claim 1 under 35 U.S.C. §103 should be withdrawn because it
`
`is based on the second erroneous factual finding discussed above. Applicant submits
`
`that the obviousness rejection of independent claim 5 under 35 U.S.C. §103 should also
`
`be withdrawn because it is based on a similar second erroneous factual finding.”
`
`In response, Examiner respectfully disagrees. Yahata’s reading unit operable to
`
`read assignment information and an entry map including entries, both corresponding to
`
`a digital stream to be played back, the assignment information indicating distribution
`
`ranges of lntra picture sizes wherein the sizes of the l-pictures vary to some extent, it
`
`can be bit rate. In another words, Yahata’s reading unit reads out bit rate information
`
`and map information (see Yahata, FIG. 2A, FIG. 2B and FIG. 2C and paragraphs
`
`

`

`Application/Control Number: 15/698,779
`
`Page 5
`
`Art Unit: 2484
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`[0047]-[0056]:
`
`FIG. 2A shows an internal structure of the EP_map. As shown in FIG.
`
`2A, an entry map includes general information (EP_map_Gl) and entries (Enry#1, .
`
`.
`
`.
`
`,
`
`Entry#k, .
`
`.
`
`. ) which are pieces of information about l-pictures. Each entry includes a
`
`pair of an l_start and an l_end. FIG. 25 shows functions of the l_start and the l_end
`
`included in each entry. In FIG. 2B, the lower figure represents a video stream, and the
`
`upper figure represents a group of the entries. This video stream includes l-pictures, P-
`
`pictures and B-pictures. The l_start included in each entry of the EP_map indicates a
`
`start position of each l_picture (Address#1, #2). Each l_end has a 3-bit value that
`
`indicates the size of each l_picture (001 b, 01 Ob). The start position and the size of the |-
`
`picture is shown in each entry, and therefore it is possible to realize special playbacks,
`
`such as a playback at double speed (x2 speed) and a playback at triple speed (x3
`
`speed), by reading only the l-pictures from the video stream as shown in FIG. 20”).
`
`Therefore, Yahata meets the claimed limitations and the rejection is maintained. And
`
`the provisional rejection of pending independent claim 1 on the ground of non-statutory
`
`double patenting as being unpatentable over independent claim 1 of co-pending U.S.
`
`Patent Application No. 15/471,041 and YAHATA is maintained.
`
`On pages 15-16, Applicant argues that, “while SHIMIDA discloses the starting
`
`time of the first picture, SHIMADA does not disclose the “playback start time information
`
`of a picture that is included in the video stream and is independently decodable’\ as
`
`recited in independent claim 1. (See SHIMADA, paragraph [0046].) Thus, Applicant
`
`respectfully submits that the legal conclusion of obviousness regarding the rejection of
`
`independent claim 1 under 35 U.S.C. §103 should be withdrawn because it is based on
`
`

`

`Application/Control Number: 15/698,779
`
`Page 6
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`Art Unit: 2484
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`the third erroneous factual finding discussed above. Applicant submits that the
`
`obviousness rejection of independent claim 5 under 35 U.S.C. §103 should also be
`
`withdrawn because it is based on a similar third erroneous factual finding.”
`
`In response, Examiner respectfully disagrees. Shimada discloses a playback
`
`method for reproducing a video information stream recorded on a medium. The method
`
`comprising steps of: identifying a start point of playback for a particular video
`
`information stream; locating a position of a particular video information stream by
`
`referring to an access point map wherein said access point map includes PTS
`
`information of particular video information stream and decoding the identified video
`
`information stream. The l-pictures in a stream are conventionally detected with
`
`reference to an EP_Map in which the display time information (PTS: Presentation Time
`
`Stamp) and l-picture positional information (SPN: Source Packet Number) are stored.
`
`Therefore the recording medium can thereby be obtained that enables the rapid
`
`detection, from a small amount of information such as starting time of a picture, of a
`
`particular picture included in a stream (see Shimada, paragraph [0039]: “The
`
`information recorded in an address management file 222 includes the starting
`
`addresses of the access points in the stream stored in the corresponding stream
`
`information file 231, the sizes of the l-pictures set as access points, and the PTS values
`
`of the l-pictures set as access points” and paragraph [0046]: “The PTS (Presentation
`
`Time Stamp) indicating the starting display time of the first picture in the stream
`
`information file 231 corresponding to the address management file”). Therefore,
`
`Shimada meets the claimed limitations and the rejection is maintained.
`
`

`

`Application/Control Number: 15/698,779
`
`Page 7
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`Art Unit: 2484
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`Double Patenting
`
`4.
`
`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 obviousness-
`
`type 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 LongL 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re
`
`Van Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438,
`
`164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644
`
`(CCPA 1969).
`
`

`

`Application/Control Number: 15/698,779
`
`Page 8
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`Art Unit: 2484
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`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 a nonstatutory
`
`double patenting ground provided the conflicting application or patent either is shown to
`
`be commonly owned with this application, or claims an invention made as a result of
`
`activities undertaken within the scope of a joint research agreement.
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`
`37 CFR 3.73(b).
`
`5.
`
`Claim 1 is rejected on the ground of nonstatutory double patenting as
`
`being unpatentable over claim 1 of copending Application No. 15/471,041
`
`(hereinafter “‘041”) in view of Yahata et al. (US 20050238326 A1, hereinafter
`
`Yahata).
`
`Although the conflicting claims are not identical, they are not patentably distinct
`
`from each other because the instant application claims broader in every aspect than the
`
`patent claim and is therefore an obvious variant thereof.
`
`6.
`
`Regarding claim 1 of this application:
`
`Claim 1 of this a lication
`
`Claim 1 of ‘041
`
`
`
`A playback device that reads out and plays A recording medium in which are recorded
`content from a recording medium in which
`are recorded
`
`a video stream that is encoded video
`
`a video stream that is encoded video
`
`information,
`
`information,
`
`bitrate information of the video stream,
`bitrate information of the video stream,
`wherein the map information includes
`the map information including
`playback start time information of a picture
`playback start time information of a picture
`that is included in the video stream and is
`that is included in the video stream and is
`
`independently decodable,
`independently decodable,
`
`

`

`Application/Control Number: 15/698,779
`
`Page 9
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`Art Unit: 2484
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`start position information indicating a data
`start oosition of the oicture, and
`
`start position information indicating a data
`start oosition of the oicture, and
`
`size information indicating a data size of a
`section where the picture is recorded,
`based on a predetermined stipulated data
`size, and
`
`size information indicating a data size of a
`section where the picture is recorded,
`based on a predetermined stipulated data
`size, and
`the stipulated data size differing in
`accordance with the bitrate information, the
`ola back device comoorisin:
`
`information and the bitrate information;
`
`a determining unit that determines the
`stipulated data size indicated by the size
`information included in the map information
`that has been read out, in accordance with
`the bitrate information that has been read
`
`out;
`
`
`
`an acquisition unit that acquires the picture
`from the video stream based on the result
`
`of the determination, and the start position
`information and the size information
`
`included in the map information that has
`been read out; and
`
`ola s the aCouired iocture,
`
`wherein the determining unit determines
`the size information to be a value indicating
`a data size based on a first stipulated data
`size, in a case where the bitrate
`information indicates a bitrate larger than a
`oredetermined value, and
`
`the size information to be a value indicating
`a data size based on a second stipulated
`data size that is smaller than the first
`
`stipulated data size, in a case where the
`bitrate information indicates a bitrate equal
`to or smaller than the oredetermined value.
`
`wherein the stipulated data size differs
`between 2K resolution of the video stream
`
`and 4K resolution of the video stream.
`
`

`

`Application/Control Number: 15/698,779
`
`Page 10
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`Art Unit: 2484
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`It should be noted that the table above distinguishes the equivalent limitations as
`
`recited claim 1 of the instant application in comparison to the limitations as recited in
`
`claim 1 of ‘041.
`
`However, claim 1 of ‘041 fails to teach the stipulated data size differing in
`
`accordance with the bitrate information, the playback device comprising: a readout unit
`
`that reads out the map information and the bitrate information; a determining unit that
`
`determines the stipulated data size indicated by the size information included in the map
`
`information that has been read out, in accordance with the bitrate information that has
`
`been read out; an acquisition unit that acquires the picture from the video stream based
`
`on the result of the determination, and the start position information and the size
`
`information included in the map information that has been read out; and a video
`
`playback unit that decodes and plays the acquired picture, wherein the determining unit
`
`determines the size information to be a value indicating a data size based on a first
`
`stipulated data size, in a case where the bitrate information indicates a bitrate larger
`
`than a predetermined value, and the size information to be a value indicating a data size
`
`based on a second stipulated data size that is smaller than the first stipulated data size,
`
`in a case where the bitrate information indicates a bitrate equal to or smaller than the
`
`predetermined value.
`
`Yahata from the same or similar fields of endeavor discloses the
`
`stipulated data size differing in accordance with the bitrate information, the playback
`
`device comprising:
`
`

`

`Application/Control Number: 15/698,779
`
`Page 11
`
`Art Unit: 2484
`
`a readout unit that reads out the map information and the bitrate
`
`information (see Yahata, paragraphs [0054]-[0056]: “I-picture size to be stored into the
`
`EP_map is recorded in units that are meaningful at the time of reading, such as units of
`
`ECG block sizes... The bit rate to be assigned to each type is different as well.
`
`Therefore, the I-picture sizes on the graph of FIG. 3 showing the occurrence rates are
`
`distributed over different ranges”);
`
`a determining unit that determines the stipulated data size indicated by the
`
`size information included in the map information that has been read out, in accordance
`
`with the bitrate information that has been read out (see Yahata, FIG.3 and paragraphs
`
`[OO73]—[0074]: “the recording device 200 and the playback device 300 determine the |-
`
`picture size based on the value represented by 3-bit value”);
`
`an acquisition unit that acquires the picture from the video stream based
`
`on the result of the determination, and the start position information and the size
`
`information included in the map information that has been read out (see Yahata,
`
`paragraphs [OO76]—[0084]: “The video encoder 1 encodes an input video signal to obtain
`
`a video stream, and outputs the video stream... The analysis unit 6 obtains the group of
`
`the entries for I-pictures by associating the obtained l_end with the l_start that
`
`represents the I-picture address”); and
`
`a video playback unit that decodes and plays the acquired picture (see
`
`Yahata, paragraph [0096]: “FIG. 11 shows the EP_-map that is obtained by integrating
`
`the I_end_table and the group of the entries. In FIG. 11, the I_end_table is integrated
`
`into the EP_map as an information element, namely I-picture information for the
`
`

`

`Application/Control Number: 15/698,779
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`Page 12
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`Art Unit: 2484
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`EP_map (EP_map_Gl). Therefore, the playback device 300 can properly interpret the
`
`|_end (3-bit value) by referring to the |_end_table in the EP_map_Gl”),
`
`wherein the determining unit determines the size information to be a value
`
`indicating a data size based on a first stipulated data size (see Yahata, paragraphs
`
`[O159]-[0161]: “a speed rate of the playback device 300 is assigned to each digit of the
`
`3-bit value representing the l-picture size... the upper limit of the l-picture size for each
`
`speed rate is determined”), in a case where the bitrate information indicates a bitrate
`
`larger than a predetermined value, and the size information to be a value indicating a
`
`data size based on a second stipulated data size that is smaller than the first stipulated
`
`data size, in a case where the bitrate information indicates a bitrate equal to or smaller
`
`than the predetermined value (see Yahata, paragraph [0161]: “the upper limit is
`
`determined according to a rule that the larger the speed rate is, the smaller the l-picture
`
`is, and the smaller the speed rate is, the larger the l-picture size is”).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`of the invention to utilize the teachings by Yahata into claim 1 of ‘041. The motivation
`
`for doing so would ensure the system to have the ability to readout and determine
`
`stipulated data size based on the value represented in 3-bit i_end value, to obtain i-
`
`pictures by associating the obtained i_end with the start position i_start in order to
`
`properly playback by interpreting the 3-bit i_end value, to assign a speed rate of the
`
`playback device to each digit of the 3-bit value representing the i-picture size and to
`
`determine upper limit of the i-picture size for each speed rate thus reading out the map
`
`information and bitrate information, determining the stipulated size indicated by the size
`
`

`

`Application/Control Number: 15/698,779
`
`Page 13
`
`Art Unit: 2484
`
`information read out and acquiring and playing back pictures based on determined
`
`stipulated size information so that playback device can handle size information of the
`
`recording medium as an appropriate data size, and is useful as a playback device with
`
`improved random accessibility.
`
`Claim Rejections - 35 USC § 103
`
`7.
`
`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 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 of this title, 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.
`
`8.
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`Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Yahata et al. (US 20050238326 A1, hereinafter Yahata) in view of Shimada et al.
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`(US 20110255846 A1, hereinafter Shimada).
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`Regarding claim 1, Yahata discloses a playback device that reads out and plays
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`content from a recording medium in which are recorded
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`a video stream that is encoded video information (see Yahata, paragraph [0047]:
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`“The recording medium 100 is used for recording an EP_map thereon in association
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`with an AVCIip. The AVCIip is a multiplexed transport stream generated by multiplexing
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`elementary streams, such as a video stream”),
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`map information (see Yahata, paragraph [0047]: “The recording medium 100 is
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`used for recording an EP_map thereon in association with an AVCIip”), and
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`bitrate information of the video stream (see Yahata, paragraph [0056]: “Each
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`original image has a type, such as an image of nature and an animation, and each type
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`has a different characteristic. The bit rate to be assigned to each type is different as
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`well”),
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`the map information including
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`start position information indicating a data start position of the picture (see
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`Yahata, paragraph [0048]: “The l_start included in each entry of the EP_map indicates a
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`start position of each l_picture”), and
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`size information indicating a data size of a section where the picture is
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`recorded, based on a predetermined stipulated data size (see Yahata, paragraph
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`[0048]: “Each l_end has a 3-bit value that indicates the size of each l_picture (001 b,
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`010b). The start position and the size of the l-picture is shown in each entry, and
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`therefore it is possible to realize special playbacks”) and (see Yahata, paragraph [0180]:
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`“It is acceptable to include bit rate information in the Clip information and determine the
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`meaning of the value of the l_end based on the bit rate information. For instance, it is
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`possible to predefine l_end table”),
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`and
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`the stipulated data size differing in accordance with the bitrate information,
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`the playback device comprising:
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`a reader that reads out the map information and the bitrate information
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`(see Yahata, paragraphs [0054]-[0056]: “l-picture size to be stored into the EP_map is
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`recorded in units that are meaningful at the time of reading, such as units of ECG block
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`sizes... The bit rate to be assigned to each type is different as well. Therefore, the |-
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`picture sizes on the graph of FIG. 3 showing the occurrence rates are distributed over
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`different ranges”);
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`a determiner that determines the stipulated data size indicated by the size
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`information included in the map information that has been read out, in accordance with
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`the bitrate information that has been read out (see Yahata, FIG.3 and paragraphs
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`[OO73]—[0074]: “the recording device 200 and the playback device 300 determine the |-
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`picture size based on the value represented by 3-bit value”);
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`an acquirer that acquires the picture from the video stream based on the
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`result of the determination, and the start position information and the size information
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`included in the map information that has been read out (see Yahata, paragraphs [0076]-
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`[0084]: “The video encoder 1 encodes an input video signal to obtain a video stream,
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`and outputs the video stream... The analysis unit 6 obtains the group of the entries for l-
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`pictures by associating the obtained l_end with the l_start that represents the l-picture
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`address”); and
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`a video player that decodes and plays the acquired picture (see Yahata,
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`paragraph [0096]: “FIG. 11 shows the EP_-map that is obtained by integrating the
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`l_end_table and the group of the entries. In FIG. 11, the l_end_table is integrated into
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`the EP_map as an information element, namely l-picture information for the EP_map
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`(EP_map_Gl). Therefore, the playback device 300 can properly interpret the |_end (3-
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`bit value) by referring to the l_end_table in the EP_map_Gl”),
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`wherein the determiner determines the size information to be a value indicating a
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`data size based on a first stipulated data size (see Yahata, paragraphs [O159]-[0161]: “a
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`speed rate of the playback device 300 is assigned to each digit of the 3-bit value
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`representing the l-picture size... the upper limit of the l-picture size for each speed rate
`
`is determined”), in a case where the bitrate information indicates a bitrate larger than a
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`predetermined value, and the size information to be a value indicating a data size based
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`on a second stipulated data size that is smaller than the first stipulated data size, in a
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`case where the bitrate information indicates a bitrate equal to or smaller than the
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`predetermined value (see Yahata, paragraph [0161]: “the upper limit is determined
`
`according to a rule that the larger the speed rate is, the smaller the l-picture is, and the
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`smaller the speed rate is, the larger the l-picture size is”).
`
`Regarding claim 1, Yahata discloses all the claimed limitations with the
`
`exception of playback start time information of a picture that is included in the video
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`stream and is independently decodable.
`
`Shimada from the same or similar fields of endeavor discloses playback start
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`time information of a picture that is included in the video stream and is independently
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`decodable (see Shimada, paragraph [0046]: “The PTS (Presentation Time Stamp)
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`indicating the starting display time of the first picture in the stream information file 231
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`corresponding to the address management file”).
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`Therefore it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to utilize the teachings as in Shimada with
`
`the teachings as in Yahata. The motivation is to use Shimada’s PTS (Presentation
`
`Time Stamp) defined in EP_Map to indicate a starting playback time of the first picture
`
`in a video stream information file corresponding to an address management file thus
`
`recognizing and managing a playback start time of an identified l-picture in the video
`
`stream in order to appropriately determined the starting time of playback and to perform
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`appropriate subtitle display.
`
`Regarding claim 2, the combination teachings of Yahata and Shimada as
`
`discussed above also disclose the playback device according to Claim 1, wherein the
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`first stipulated data size is a value allocated every 192 x 1024 x n bytes, wherein n is a
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`natural number (see Yahata, paragraph [0191]: “Although the l-picture size is
`
`represented by the number of the ECC blocks in each embodiment, it may be
`
`represented by... the number of packets included in the transport stream (each packet is
`
`192 bytes in the case of the BD-ROM). Furthermore, the l-picture size may be
`
`represented by units of 192 bytes including Arrival Time Stamp and TS packets, or by
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`units of 32 Kbytes, which is the least common multiple between 192 bytes and 2
`
`Kbytes”).
`
`The motivation for combining the references has been discussed in claim 1
`
`above.
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`Regarding claim 3, the combination teachings of Yahata and Shimada as
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`discussed above also disclose the playba