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
`
`15/270,941
`
`09/20/2016
`
`HIROSHI YAHATA
`
`P51354
`
`2550
`
`09/11/2018
`7590
`125331
`Panasonic Intellectual Property Corporation
`of America c/o Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`
`Reston, VA 20191
`
`EXAMINER
`
`DANG, HUNG Q
`
`ART UNIT
`2484
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`09/ 1 1/2018
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`ELECTRONIC
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`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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`Off/09 A0170” Summary
`
`Application No.
`15/270,941
`Examiner
`HUNG Q DANG
`
`Applicant(s)
`YAHATA et al.
`Art Unit
`2484
`
`AIA 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).
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`Status
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`1). Responsive to communication(s) filed on 07/23/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`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*
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`5)
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`Claim(s) fl 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) fl is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. 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.
`
`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:J Some”
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`c)C] None of the:
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`1.[:]
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`Certified copies of the priority documents have been received.
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`2.[:]
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`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.
`
`Attachment(s)
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`1) C] Notice of References Cited (PTO-892)
`
`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`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)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20180829
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
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`Page 2
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`Notice of Pre-AIA or AIA Status
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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.
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`DETAILED ACTION
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`Continued Examination Under 37 CFR 1. 1 14
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`A request for continued examination under 37 CFR 1.114, including the fee set
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`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
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`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
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`07/23/2018 has been entered.
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`Response to Arguments
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`Applicant’s arguments filed 06/26/2018 have been considered but they are not
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`persuasive.
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`On pages 9-13, Applicant argues that,
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`.. inter-layer jumps of See occur only at the edges (last and beginning) of data areas.
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`Since the logical sector numbers are consecutive at points LSNa and LSNb, the “distance in
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`logic address” between these connection points is very small.
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`Accordingly, for at least these reasons, Applicant submits Seo fails to disclose or
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`render obvious at least ”wherein a first distance in logical address between the first
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`and the
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`second
`in
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`is larger than a second distance in logical address between the fourth
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`and the fifth
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`In response, Examiner respectfully submits that the reason why inter-layer jumps
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`in Seo occur only at the edges is that the recorded content is linearly organized from the
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`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 3
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`beginning of the first layer to the end of the second layer making the jumps occur at the
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`edges when reading of the content transitions from one layer to another. However, how
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`the content is recorded in Seo is not incorporated into Blacquiere because Blacquiere
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`already teaches how the content should be recorded across the layers to solve the
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`problem of seamless reproduction (based on the order of accesses during playback,
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`inter-layerjumps occur in multiple points in the middle area, not only at the edges).
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`Instead, as described in the Office Action, only the arrangement of addresses from one
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`layer to the next, as taught by Seo, is incorporated. Specifically, with the incorporation
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`of Seo, the recording medium as shown in Fig. 3 of Blacquiere would be characterized
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`as follows:
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`-
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`the first position, fourth position, and the fifth position (the fifth position is any
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`position on the first layer L0 that makes the number of first sectors smaller the
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`number of second sectors) are on the same layer (first layer L0) while the
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`second position and the third position are on the second layer L1.
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`- Going from LSN=0 to Last LSN as shown in Fig. 1A of Seo, we will encounter
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`the positions in the following order: first position, fourth position, a position at
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`a distance from fourth position equal to the number of first sectors, the fifth
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`position (at this position, the number of first sectors is smaller than the
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`number of second sectors), the second position, and third position.
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`- Because, going from LSN=0 to Last LSN as shown in Fig. 1A of Seo as
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`described above, the second distance between the fourth position and the
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`fifth position completely falls inside the first distance between the first position
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`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 4
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`and the second position, the first distance is larger than the second distance
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`in logical address.
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`Further, on page 13, Applicant also argues that,
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`“Further, at least since Seo appears to limit its disclosure to seamless connection of
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`video streams at the last LSN of one recording layer and a beginning LSN of another recording
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`layer, an ordinary artisan would not have been reasonably led to modify Seo to disclose or
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`render obvious the above noted features of amended claim 1.”
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`In response, Examiner respectfully disagrees and submits that, as described
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`above, the reason why Seo deals with the problem of seamless connection of video
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`streams at the edges of the layers is due to the content type recorded on the recording
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`medium (recorded and to be reproduced linearly from LSN=0 to Last LSN, see Fig. 1A
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`of Seo) while, with the same kind of recording medium, Blacquiere needs to address
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`inter-layer jumps at multiple points in the middle of the recording area because the
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`content data of Blacquiere is structured into base and enhancement pairs of data. As
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`such, Applicant’s arguments are not persuasive.
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`Claim Rejections - 35 USC § 103
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`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.
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`Claims 1-3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable
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`over Blacquiere (US 2006/0133247 A1 — hereinafter Blacquiere) and Sea et al. (US
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`2005/0122853 A1 — hereinafter Seo).
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`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
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`Page 5
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`Regarding claim 1, Blacquiere discloses a recording medium that is a disc-
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`shaped recording medium having a plurality of recording layers, in which a video stream
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`is recorded on the plurality of recording layers ([0022]; Figs.1-4 - disc1 having a
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`plurality of recording layers as shown in Figs. 1-4, in which a video stream is
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`recorded as described in at least [0022]), wherein a part of the video stream is
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`recorded up to a first recording position on a first layer, the first layer being one of the
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`plurality of recording layers (Fig. 3 — a part of the video stream is recorded up to at
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`least the end position P2 on layer L0), wherein a remaining part of the video stream
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`is recorded from a second recording position of a second layer adjacent to the first layer
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`(Fig. 3 — recorded from the beginning position of P2 on layer L1), wherein the
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`second recording position is a recording position within first sectors from a third
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`recording position, and the third recording position is on the second layer and has a
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`same distance from a central axis of the disc-shaped recording medium as the first
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`recording position (Fig. 3 — corresponding point of end of P2 on L0 on layer L1),
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`and the video stream is seamlessly connected between the first recording position and
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`the second recording position ([0025]-[0027]), wherein a fourth recording position is a
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`recording position on a same layer as a fifth recording position, and is within second
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`sectors from the first recording position (Fig. 3— at least the beginning position of P3
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`on L0 - the fifth position is any position on the first layer L0 that is sufficiently far
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`away from the fourth recording position such that the number of the second
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`sectors is larger than the number of the first sectors), and the video stream is
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`seamlessly connected between the fourth recording position and the fifth recording
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`position ([0025J-[0027]), wherein a number of the first sectors is smaller than a number
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`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
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`Page 6
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`of the second sectors (Fig. 3— such a first distance is less than the second
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`distance, given a same density of sectors, the number of first sectors is less than
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`the number of second sectors).
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`Blacquiere does not disclose the physical and logical addresses correlate in one
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`on one basis on the recording medium, a first distance in logical address between the
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`first recording positon and the second recording position is larger than a second
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`distance in logical address between the fourth recording position and the fifth recording
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`position.
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`Seo teaches an optical disc having a conventional logical address arrangement
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`such that physical and logical addresses correlate in one on one basis on the recording
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`medium (Fig. 1A), and a first distance in logical address between a first recording
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`positon and a second recording position is larger than a second distance in logical
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`address between a fourth recording position and a fifth recording position (Fig. 1A —
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`first distance between a first recording position on layer 1 and a second
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`recording position on layer 2 is larger a second distance in logical address
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`between the first recording position and a fourth recording position on the same
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`layer 1 — also see “Response to Arguments” above).
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`One of ordinary skill in the art at the time the invention was made would have
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`been motivated to incorporate the teachings of Seo into the recording medium taught by
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`Blacquiere in order to employ a conventional logical address arrangement on the disc to
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`ensure compatibility with existing disc recorder and reader that employ the same logical
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`address arrangement.
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`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 7
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`Regarding claim 2, Blacquiere also discloses the first recording position is in a
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`region, of recording regions of the recording medium, that is on an outer side of an
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`innermost perimeter of a data zone for recording a video stream ([0025]; Fig. 2— outer
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`side of Ct).
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`Regarding claim 3, Blacquiere also discloses the recording medium has three
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`layers of recording layers, the three recording layers including a first recording layer, a
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`second recording layer, and a third recording layer (abstract— comprising layers L0,
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`L1, ..., implying more than two layers, hereinafter interpreted the three layers as
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`L0, L1, and L2), wherein the first recording layer where the first recording position
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`exists is a second-layer recording layer of the three layers of recording layers (Fig. 3—
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`Iayer L0) and wherein the second recording layer where the second recording position
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`exists is a third-layer recording layer of the three layers of recording layers (Fig. 3—
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`Iayer L1).
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`Claim 6 is rejected for the same reason as discussed in claim 1 above in view of
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`Blacquiere also disclosing a playback device comprising a reader that reads out a video
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`stream recorded in a disc-shaped recording medium (Fig. 1); and a player that plays the
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`video stream that has been read out (Fig. 1).
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`Claim 7 is rejected for the same reason as discussed in claim 6 above.
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`Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Blacquiere and Sea as applied to claims 1-3 and 6-7 above, and further in view of
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`Kobayashi (US 2007/0070843 A1 — hereinafter Kobayashi).
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`Regarding claim 4, see the teachings of Blacquiere and Seo as discussed in
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`claim 1 above. However, Blacquiere and Seo do not explicitly discloses the video
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`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
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`Page 8
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`stream is recorded from an inner perimeter side toward the outer perimeter side in the
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`first recording layer of the three layers of recording layers, recorded from the outer
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`perimeter side toward the inner perimeter side in the second recording layer of the three
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`recording layers, and recorded from the inner perimeter side toward the outer perimeter
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`side in the third recording layer of the three recording layer.
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`Kobayashi discloses data are recorded from an inner perimeter side toward an
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`outer perimeter side in a first recording layer of three layers of recording layers,
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`recorded from the outer perimeter side toward the inner perimeter side in the second
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`recording layer of three layers of recording layers, and recorded from the inner
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`perimeter side toward the outer perimeter side in the third recording layer of three layers
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`of recording layers (Fig. 8; [0153]-[0156] — in case N=3, data are recorded following
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`the track direction).
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`One of ordinary skill in the art at the time the invention was made would have
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`been motivated to incorporate the teachings of Kobayashi into the recording medium
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`taught by Blacquiere and Seo to employ a three recording layer in order to enhance
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`storage capacity and to facilitate recording of a higher number of media streams that
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`can be seamlessly played back in parallel.
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`Regarding claim 5, Kobayashi also discloses the data is recorded in regions
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`excluding an innermost perimeter region of the data zone in the second recording layer
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`of three layers of recording layers and the third recording layer of three layers of
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`recording layers (Fig. 8). Seo discloses the recorded data as the video stream.
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`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 9
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to HUNG Q DANG whose telephone number is (571)270-
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`1116. The examiner can normally be reached on lFT.
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`Examiner interviews are available via telephone, in-person, and video
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`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
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`(AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Thai Q Tran can be reached on 571-272—7382. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`
`/HUNG Q DANG/
`
`Primary Examiner, Art Unit 2484
`
`