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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/038,753
`
`09/30/2020
`
`Hiroshi YAHATA
`
`P61565
`
`5195
`
`125331
`
`7590
`
`10/21/2021
`
`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
`
`10/21/2021
`
`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.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-9 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-9 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible 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 PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)(] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 9/30/2020 is/are: a)(¥) accepted or b)() 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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.2 Certified copies of the priority documents have been received.
`2.[v} Certified copies of the priority documents have beenreceived in Application No. 15/278,582.
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 12/29/2020.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20211015
`
`Application No.
`Applicant(s)
`17/038,753
`YAHATAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`DAQUAN ZHAO
`2484
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on claims filed on 9/30/2020.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/038,753
`Art Unit: 2484
`
`Page 2
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`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Double Patenting
`
`2.
`
`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 actualor 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
`
`

`

`Application/Control Number: 17/038,753
`Art Unit: 2484
`
`Page 3
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`provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seg.for
`
`applications not subject to examination under the first inventor to file provisions of the
`
`AlA. A terminal disclaimer must be signed in compliance with 37 CFR 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
`
`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
`
`PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may
`
`be filled out completely online using web-screens. An eTerminal Disclaimer that meets
`
`all requirements is auto-processed and approved immediately upon submission. For
`
`more information about eTerminal Disclaimers, refer to
`
`www.uspto.gov/patents/process/file/efs/guidance/eTD-info-|.jsp.
`
`3.
`
`Claims 1-9 are rejected on the ground of nonstatutory double patenting as being
`
`unpatentable over claims 1-5 of U.S. Patent No. 10,255,951. Although the claims at
`
`issue 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.
`
`Instant Application
`
`The Patent
`
`Claim 1. A decading sysiern that decodes|Claim 1. A playback device that reads out
`
`stream, the playback device comprising:
`
`a video stream, which is encoded video
`
`a video stream, which is encoded video
`
`information, comprising:
`
`information, from a non-transitory
`
`recording medium, and plays the video
`
`

`

`Page 4
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`an aitrioute information acquirer that
`
`an attribute reader that reads out first
`
`acquires first atirioute information,
`
`attribute information,
`
`indicating whether a
`
`indicating whether a dynamic range of
`
`dynamic range of luminanceof the video
`
`luminance of the video stream is 2 firsi
`
`stream is a first dynamic range or a
`
`dynamic range or a second dynamic
`
`second dynamic range that is wider than
`
`range that is wider than the first dynamic
`
`the first dynamic range, from a
`
`range;
`
`managementinformation file recorded in
`
`the recording medium in a manner
`
`correlated with the video stream;
`
`Application/Control Number: 17/038,753
`Art Unit: 2484
`
`luminance of the video stream in
`
`4 decoder that acauires the video steam
`
`a decoder that generates decoded video
`
`and generates decoded video information
`
`information by reading the video stream
`
`by decoding the video stream: and
`
`out from the non-transitory recording
`
`medium and decoding the video stream;
`
`and
`
`an outouiter that,
`
`in a case where the first
`
`an outputter that, ina case wherethefirst
`
`attvioule information indicates the second
`
`attribute information that has been read
`
`dynamic range, oulputs the decacied
`
`out indicates the second dynamic range,
`
`video Information, along with maximum
`
`outputs the decoded video information,
`
`luminance information indicating a
`
`along with maximum luminance
`
`maxinum luminance af the video stream
`
`information indicating a maximum
`
`

`

`in accordance with the second dynamic
`
`accordance with the second dynamic
`
`range,
`
`range,
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`Page 5
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`Application/Control Number: 17/038,753
`Art Unit: 2484
`
`information where the maximum
`
`wherein,
`
`in a case where the first attribute
`
`wherein,
`
`in a case wherethefirst attribute
`
`information indicates the secand dynamic
`
`information indicates the second dynamic
`
`range, the first atirioute information alsa
`
`range, the first attribute information also
`
`indicates type of the second dynamic
`
`indicates a type of the second dynamic
`
`range, and
`
`range, and
`
`wherein the outputter outputs the
`
`maximum luminance information and the
`
`decoded video information in accordance
`
`with the type of the second dynamic
`
`range.
`
`Claim 3. The playback device according
`
`to claim 1, wherein, in a case where the
`
`type indicated bythe first attribute
`
`information is a type where the luminance
`
`range of the video stream is statically and
`
`dynamically expressed, the outpuitter
`
`outputs the maximum luminance
`
`

`

`Application/Control Number: 17/038,753
`Art Unit: 2484
`
`Page 6
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`luminance is statically and dynamically
`
`indicated, and the decoded video
`
`information.
`
`Claim 4. The playback device according
`
`to claim 3, wherein the maximum
`
`maximum luminance of the group.
`
`wherein,
`
`in acase where the dynamic
`
`luminance information statically indicates
`
`range of luminance of the video stream is
`
`the luminance range by indicating a
`
`expressed by maximum luminance of al
`
`luminance range defined by the maximum
`
`gictures in the video stream, as the type
`
`luminance ofall pictures in the video
`
`of the second dynamic range,
`
`stream, and dynamically indicates the
`
`the outoutter outputs the decoded video
`
`luminance range byindicating a
`
`information, along wiih maxiniun
`
`luminance range for each of groups made
`
`up of one oraplurality of pictures
`luminance information indicating the
`
`maximum luminance of ail pictures in the
`
`included in the video stream, the
`
`video stream.
`
`luminance range being defined by the
`
`Claim 4 of the instant application correspondsto claim 1 of the Patent, wherein
`
`claim 1 of the Patent recites “an outputter that,
`
`in a case wherethe first attribute
`
`information that has been read out indicates the second dynamic range, outputs the
`
`decoded video information, along with maximum luminance information indicating a
`
`maximum luminance of the video stream in accordance with the second dynamic range”
`
`

`

`Application/Control Number: 17/038,753
`Art Unit: 2484
`
`Page 7
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`Claim 5 of the instant application corresponds to claim 4 of the Patent.
`
`Claim 2 of the instant application corresponds to claim 4 of the Patent.
`
`Claim 6 of the instant application corresponds to claim 4 of the Patent.
`
`Claim 3 of the instant application corresponds to claim 5 of the Patent.
`
`Claim 7 of the instant application corresponds to claim 5 of the Patent.
`
`Claim 8 of the instant application corresponds to claim 1 of the Patent, wherein
`
`claim 1 of the Patent recites “an outputter that,
`
`in a case wherethe first attribute
`
`information that has been read out indicates the second dynamic range, outputs the
`
`decoded video information, along with maximum luminance information indicating a
`
`maximum luminance of the video stream in accordance with the second dynamic range”
`
`Claim 9 of the instant application correspondsto claim 1 of the Patent, wherein
`
`claim 1 of the Patent recites “an outputter that,
`
`in a case wherethe first attribute
`
`information that has been read out indicates the second dynamic range, outputs the
`
`decoded video information, along with maximum luminance information indicating a
`
`maximum luminance of the video stream in accordance with the second dynamic range”
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DAQUAN ZHAO whose telephone numberis (571)270-
`
`1119 or email daquan.zhao1@uspto.gov.
`
`If 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: 17/038,753
`Art Unit: 2484
`
`Page 8
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`
`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
`
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`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
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`
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`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/DAQUAN ZHAO/
`Primary Examiner, Art Unit 2484
`
`