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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
`
`16/251,688
`
`01/18/2019
`
`Hiroshi YAHATA
`
`P56813
`
`1011
`
`02/13/2020
`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
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/ 1 3/2020
`
`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):
`
`gbp atent @ gbp atent.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`16/251,688
`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
`
`1). Responsive to communication(s) filed on 1/9/2020.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) D This action is non-final.
`
`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.
`
`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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
`
`flis/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`Claim(ss) 1_—6 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 1/18/2019 is/are: a). accepted or b)C] 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)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:i All
`
`b)C] Some**
`
`c)C] None of the:
`
`1.[:] Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`SD 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)
`
`1) [3 Notice of References Cited (PTO-892)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20200208
`
`

`

`Application/Control Number: 16/251 ,688
`Art Unit: 2484
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`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 Arguments
`
`2.
`
`Applicant's arguments filed 1/9/2020 have been fully considered but they are not
`
`persuasive.
`
`Applicant argues, see page 4 of the remark, The “type of the second dynamic
`
`range” is information that represents how the maximum luminance of HDR is indicated.
`
`For example, the second dynamic range may have three type: Type 1...Type 2:
`
`...and
`
`type 3...
`
`The claim do not require “The ‘type of the second dynamic range’ is information
`
`that represents how the maximum luminance of HDR is indicated. For example, the
`
`second dynamic range may have three type: Type 1...Type 2: ...and type 3...”
`
`The Examiner considers “HDR” by itself represents a type of dynamic range.
`
`Applicant should incorporate the discussion of Type 1, Type 2 or type 3 dynamic range
`
`from the specification into the claim to overcome the rejection.
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`The following is aquotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described in a patent issued undersection 151 , or in an
`application for patent published ordeemed published undersection 122(b), in which the
`
`

`

`Application/Control Number: 16/251 ,688
`Art Unit: 2484
`
`Page 3
`
`patentor application, as the case maybe, names another inventorand was effectivelyfiled
`before the effective filing date of the claimed invention.
`
`4.
`
`Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(2) as being described by
`
`Yamamoto et al (US 2016/0134832).
`
`For claim 1, Yamamoto et al teach a ncnwtraneitery recording medium tag. tigure
`
`"it disc 1i), reproduced by a piayback device having an attribute reader { eg, Figure 2
`
`Parameter Extraction that Extraction “HDR intermatir‘i”): adeccder (eg. figure 2, HEVC
`
`Deceding), and an cutpuiter ieflg Figure 2, videc ia eniputted tn HDR rncniter er STD
`
`meniter), in which is recerded:
`
`a video stream that is encoded videe infermatien (eg. figure 2‘, “HEVC
`
`enceding"); and
`
`a management intermatien tiie eerreiated with the videe atrearn (cg. paragraph
`
`4i, Figure 15, “Ciieint‘”,
`
`wherein the management interrnatien rite inciudee first attribute infermatieri,
`
`indicating whether a dynamic range of iurninance cf the videe atrearn ia a first dynamic
`
`range er a eecend dynamic range that is wider than the first dynamic range (e.g. para
`
`215, “information related to HDR video processing is included in Clip Information file
`
`used to reproduce the AV stream including HEVC stream”, para 222, “figure 17
`
`illustrating syntax of the Clip Information file”, the Clip Information File includes
`1
`
`“Programlnfo()” as shown in figure 17. Figure 18 shows the “Programlnfo()’ comprises
`1
`
`“StreamCodinglnfo()” and Figure 19 shows that the “Stream Codinglnfo()’
`
`includes a
`
`“HDR Flag” and paragraph 237 disclose when HDR flag is 1, HDR video is recorded
`
`and when HDR flag is 0, STD video is recorded), and
`
`

`

`Application/Control Number: 16/251 ,688
`Art Unit: 2484
`
`Page 4
`
`wherein,
`
`in a case where the first attribute ini‘ermatieri indicates the second
`
`dynamic range, the first attribute information aisa indicates atype ef the seeand
`
`dynamic range {e,g, paragraph 237 disclose when HDR flag is 1, HDR video is recorded
`
`and when HDR flag is 0, STD video is recorded).
`
`Fer eiaim 2, Yamamoto et al teaches wherein the first attribute information
`
`indicates a first type where the luminance range of the video stream is statically
`
`express, as the type of the second dynamic range (e.g. HDR flag is 0).
`
`For claim 3, Yamamoto et al teaches the first attribute information indicates a
`
`second type when the luminance range of the video stream is statically and dynamically
`
`expressed, as the type of the second dynamic range (e.g. paragraph 237 disclose when
`
`HDR flag is 1, HDR video is recorded and when HDR flag is 0, STD video is recorded}.
`
`Fer eiaim 4, ‘r’amamete et ai teaeh in the seeend type, the luminance range at
`
`the videe stream is staticaiiy expressed by inciiiding in the videe stream first
`
`suppiementai extensien intermatien indicating the maximum itirninahce er aii pictures in
`
`the videe stream (e.g. figure 7, paragraph 131, “extendedflrangeflwhitemievei”), and the
`
`iurninanee range pt the videe stream is riynamieaiiy expressed by ineiuding in the viriep
`
`stream seeend supptementai exteheien inierma‘iien indicating, fer each of greups made
`
`up at one er a piuraiity of pictures ineiurzied in the videe stream, the iuminance range
`
`being defined by the maximum turniriance ei the group (e.g. paragraphs i82v184, figure
`
`7, “extendedfiwhitemieveimeedemvaiue",
`
`”‘iQO‘f/ti brightness" er “aerate brightness”).
`
`Fer eiaim 6, Yamamoto et ai teach the management iiie itirther ineiudes seeend
`
`attribute intermatien indicating the maximum iuminanee (it the video stream tag. figure
`
`75 paragraph 181, “extendeemranggwhite__ievei”).
`
`

`

`Application/Control Number: 16/251 ,688
`Art Unit: 2484
`
`Page 5
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`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 maynotbe obtained, notwithstanding thatthe claimed
`invention is not identicallydisclosed as set forth in section 102, if the differences between the
`claimed invention and the priorartare such that the claimed invention as awhole would have
`been obvious before the effective filing date of the claimed invention to a person having
`ordinaryskill in the art to which the claimed invention pertains. Patentabilityshall notbe
`negated by the manner in which the invention was made.
`
`6.
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto
`
`et al, as applied to claims 1-4 and 6 above, and further in view of Su et al (US
`
`2015/0341675).
`
`For Claim 5, Yamamoto et al do not further disclose the iirst attribute information
`
`indicates a third type, where itirninance is expressed by a haee videe stream, and an
`
`enhanced video stream which is a videc stream to enhance itirninahee cf the base
`
`videe stream, as the type ct the secend dynamic range. and wherein the recording
`
`medium further has recerded therein the base videc stream. Su et al teach the iirst
`
`attribute interrnaticn indicates; a third type, where itirriinance is expreeeed by a base
`
`videe stream, and an enhanced videe stream which is a videe stream tc enhance
`
`turnihance cf the base videc stream? as the type ci the secchd dynamic range, and
`
`wherein the recerding medium itirther hats recercied therein the ease wider; etrearn (eg.
`
`paragraph 22, ”we ceded baee iayeriEL) atrearn in... standard dynamic range (SDR);
`
`and a ceded enhancement iayer in...enhanced dynamic range (EDRY’).
`
`it weuid have
`
`been obvious te ene erdinary skiii in the art beiere the eh‘ective iiiing date the te
`
`incerecrate the teaching at Se et at into the teaching ct Yarnernete te irnprcved
`
`techniques ter ceding ci‘ UHD EDR videc (eg. naragrach 9, Sit et at) by, eg. paragraph
`
`

`

`Application/Control Number: 16/251 ,688
`Art Unit: 2484
`
`Page 6
`
`22, coding base layer stream in standard dynamic range and coding ennaa‘tcement layer
`
`in enhanced dynamic range.
`
`Conclusion
`
`7.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the mailing date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DAQUAN ZHAO whose telephone number is (571)270-
`
`1119 or email daquan.zhao1@uspto.gov.
`
`lf attempts to reach the examiner by
`
`telephone are unsuccessful, the examiner’s supervisor, Tran Thai Q, can be reached on
`
`(571)272-7382. The fax phone number for the organization where this application or
`
`proceeding is assigned is (571) 273-8300.
`
`

`

`Application/Control Number: 16/251 ,688
`Art Unit: 2484
`
`Page 7
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/DAQUAN ZHAO/
`
`Primary Examiner, Art Unit 2484
`
`

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