www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/682,139
`
`02/28/2022
`
`Kengo TERADA
`
`2022-0278
`
`8719
`
`wo
`
`o
`
`ACKL.
`
`WENDEROTH, LIND & PONACK L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`LEE, MICHAEL
`
`2422
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/12/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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):
`eoa@ wenderoth.com
`kmiller@wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/682,139
`TERADAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`Michael H Lee
`2422
`Yes
`
`
`
`-- The MAILING DATEof this 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 3/27/23.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J 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.
`
`Disposition of Claims*
`1-3 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-3 is/are rejected.
`1) Claim(s)__is/are objectedto.
`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://Awww.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)0) The drawing(s) filedon__ is/are: a)(J 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230509
`
`

`

`Application/Control Number: 17/682,139
`Art Unit: 2422
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`Terminal Disclaimer
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`2.
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`The terminal disclaimer filed on 4/27/23 disclaiming the terminal portion of any
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`patent granted on this application which would extend beyond the expiration date of the
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`patents listed on the terminal disclaimer has been reviewed and is accepted. The
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`terminal disclaimer has been recorded.
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`Claim Rejections - 35 USC § 103
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`3.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousnessrejections 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, 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.
`
`4.
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`Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Hattori et al. (9,826,248).
`
`Regarding claim 1, Hattori discloses a display apparatus comprising: an electro-
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`optical transfer function (EOTF) converter that receives a videosignal having a first luminance
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`range and performs EOTF conversion on the videosignal to obtain a first luminance value (Fig.
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`69); a luminance converter (note 4000 nit to 800 nit conversion in Fig. 2), which is provided for
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`producing a second video signal having a second luminance range (800 nit), a maximum value
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`of the second luminance range being smaller than a maximum value ofthe first luminance
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`range (4000 nit), the luminance converter that converts the first luminance value into a second
`
`

`

`Application/Control Number: 17/682,139
`Art Unit: 2422
`
`Page 3
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`luminance value within the second luminance range (800 nit), the maximum value of the
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`second luminance range being larger than a maximum value of a luminance of a Standard
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`Dynamic Range(SDR) signal, and the maximum luminance value of the SDR signal being 100 nit
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`(note Fig. 4, the 100 nit of SDR); and a display (note the display device in Fig. 2) that displays the
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`second video signal having the second luminance range based on the second luminancevalue,
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`wherein the maximum value of the second luminance rangeis a predetermined luminance
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`within a displayable range of the display (col. 8, lines 19-38) and is greater than the maximum
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`luminance value of the SDR signal, wherein the luminance converter performs conversion of
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`the first luminance value into the second luminance value, based on characteristic information
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`onacharacteristic of the display apparatus (notecol. 8, lines 32-38), except
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`wherein a bit width of a code value of the video signal is 12 bits. However, Hattori teaches that
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`the number of bits of the luminance value can be set to anybit length (8:41-53).
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`In the
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`instance, Hattori selects 10 bits. Thus, it would have been obvious to one of ordinaryskill in the
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`art before the effective filing date of the claimed invention to modify the luminance value bit
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`length to 12.
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`It would have been a matter of obvious design choice based on Hattori’s teaching.
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`Regarding claim 2, Hattori inherently discloses the characteristic information indicates
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`one of the display peak luminance (DPL) displayable by the display (such as the 100nit, 400 nit,
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`800 nit, and 1000nit of the display), a display mode ofthe display (such as the HDR at 8:18-31,
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`and the SDR mode at 8:60 to 9:5), and an input-output characteristic supported by the display
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`(9:12-23).
`
`Regarding claim 3, Hattori discloses the characteristic information is acquired via the
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`Internet (52:1-12) or HDMI (30:18-30).
`
`

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`Application/Control Number: 17/682,139
`Art Unit: 2422
`
`Page 4
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`Response to Arguments
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`3.
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`Applicant's argumentsfiled 4/27/23 have been fully considered but they are not
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`persuasive.
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`In view of the broadened scope of the amended claim, Hattori still meets the
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`claimed invention as setforth in the rejection above.
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`Conclusion
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`4.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
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`
`
`MONTHS from the mailing date of this action. In the eventafirst reply is filed within
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`TWO MONTHS ofthe 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 date of this final action.
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`5.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to MICHAEL LEE whosetelephone number 571-272-7349.
`
`The examiner can normally be reached on Monday through Thursday from 9:00 am to
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`6:00 pm.
`
`

`

`Application/Control Number: 17/682,139
`Art Unit: 2422
`
`Page 5
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, John Miller, can be reached on 571-272-7353. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
`
`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 accessto the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197(toll-free).
`
`/MICHAEL LEE/
`Primary Examiner,
`Art Unit 2422
`
`