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
`
`05/21/2019
`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
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/21/2019
`
`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
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`following e—mail address(es):
`
`gbp atent @ gbp atent.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0,7709 A0170” Summary
`
`Application No.
`15/270,941
`Examiner
`H U NG Q DANG
`
`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 04/16/2019.
`[: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.
`
`2b)
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`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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`
`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.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[: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 aflowabie. 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)[:] 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.
`
`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:
`
`a)D All
`
`b)I:l Some**
`
`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] 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)
`
`1) C] Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190516
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`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.
`
`DETAILED ACTION
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`Continued Examination Under 37 CFR 1. 1 14
`
`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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`04/16/2019 has been entered.
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`Response to Arguments
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`Applicant’s arguments filed 03/18/2019 have been considered but they are not
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`persuasive.
`
`On pages 10-13, Applicant argues that,
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`“In contrast, non-limiting aspects of the present application are directed to spreading out
`
`a single recorded data zone across multiple layers to realize seamless reproduction by
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`limiting jump distances of recording data when changing of recording layer without changing of
`
`data zone, and by allowing of changing of the data zones withoutchanging of the recording
`
`layer. In other words, non-limiting aspects of the present application generally disclose that (i)
`
`when recording layers are changed, a data zone is not, and (ii) and when data zones are
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`changed, a recording layer is not, such that only one of the data zone or the recording layer is
`
`changed at a time. Accordingly, Sasaki fails to disclose or render obvious “wherein a single
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`recorded data zone spans across multiple recording layers, and wherein recording layers are
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`changed without changing of a data zone, and data zones are changed without changing of
`
`recording layers, such that only one of a data zone or a recording layer is changed at a time, but
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`not both” of amended claim 1 as generally recited.”
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 3
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`In response, Examiner respectfully disagrees. The claim does not recite any
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`limitation that limits an interpretation of a data zone. Thus, for illustration purpose,
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`Examiner would like to define two data zones shown using Fig. 14 of Sasaki below.
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`Specifically, the first data zone includes the three recording areas on layers L0, L1, and
`
`L2 respectively on the left side of the vertical line (added by Examiner for illustration
`
`only), and the second data zone includes three recording areas on layers L0, L1, and L2
`
`respectively on the right side of the vertical line. Examiner respectfully submits that
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`there is no limitation in the claim that prohibits this interpretation of data zones.
`
`
`inner Zone
`Data Zone
`
`Outer Zone
`
`escrow ALREAm' USED FQR REGGRDENG
`
`REGION USED FUR REcoFtoiNa
`
`"P DATA REGQRDING DIRECTIDN
`
`"nun-Or
`
`SEEK sum
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`For a single data zone (either 1St or 2nOI data zone as shown), it spans across
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`multiple recording layers (L0, L1, and L2). Further, for a recording process as described
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`in at least [0134] of Sasaki, it starts from point 801, goes across the vertical line (thus,
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`changing data zones without changing recording layers), switches to layer L1 but stays
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`on the same 2nOI data zone (thus, changing recording layers without changing data
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`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 4
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`zones), moves across the vertical line again to change data zones without changing
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`recording layer, etc. up to the point 802 of layer L2.
`
`On pages 13-15, Applicant argues that,
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`“In the Office Action, the Examiner annotates first to fifth positions in Figure 3 of
`
`Blacquiere as corresponding to the five recording positions of claim 1. Further, the Examiner
`
`annotates maximum numbers (N1, N2) in Fig. 3 of Blacquiere as corresponding to the maximum
`
`number of first sectors and maximum number of second sectors of claim 1. However, the
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`positions and maximum numbers annotated in reference to Figure 3 of Blacquiere are
`
`distinguished from the recited features of claim 1.
`
`In addition, Applicant notes that one or more gaps appear to be present from the
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`annotated first position (corresponding to the end point of the primary/main file) and
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`second position (corresponding to the start point of the related sub-files) in Blacquiere, such that
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`Figure 3 of Blacquiere does not appear to disclose or render obvious “the video stream is
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`seamlessly connected from the first recording position to the second recording position” of claim
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`1 as generally recited.
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`Moreover, from 5th to 4th positions, a jump within a same recording layer takes place in
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`claim 1. In contrast, annotated figure of Blacquiere provides that the 5th and 4th positions are
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`start and end points of a BL which should be read out and no jump is allowed.
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`Secondly, as to the N1 and N2 manually inserted by the Examiner, Applicant submits
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`that both Blacquiere and Sasaki are silent about the maximum numbers of first and second
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`sectors.”
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`In response, Examiner respectfully disagrees. As described in at least [0031], the
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`reading is performed on a region of the base layer then the corresponding region of the
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`enhancement layer. Thus, when reading reaches 1St position (annotated position), it
`
`jumps to 2nOI position (annotated position). Thus, the first and second annotated
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`positions are the same as recited in the claim. Next, the third position as annotated on
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`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 5
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`the same layer as 2nOI position and has a same distance from a central axis as the first
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`recording position thus it is the same as that recited by the claim. The fourth recording
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`position and fifth recording position as recited have no relationship with the 15‘, 2nd, and
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`3rd position, but are defined as on a same layer and their distance in terms of number of
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`sectors is greater than the maximum number of first sectors. The annotated 4th and 5th
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`positions are seamless connected because reading from 4th position to 5th position
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`can be performed continuously without interruption. Secondly, a number of sectors
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`is equivalent to a data size. As described in [0028]-[0029] of Blacquiere, the data
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`regions shown are of different sizes (one is smaller or greater than the other). As such,
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`Examiner interprets the teachings of Blacquiere includes the case of the data size given
`
`by N1 being smaller than that given by N2.
`
`As such, Applicant’s arguments are not persuasive.
`
`Claim Rejections - 35 USC § 103
`
`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, 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.
`
`Claims 1-3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Blacquiere (US 2006/0133247 A1 — hereinafter Blacquiere) and Sasaki.
`
`Regarding claim 1, Blacquiere discloses a recording medium that is a disc-
`
`shaped recording medium having the three recording layers, the three recording layers
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`including a first recording layer, a second recording layer, and a third recording layer
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`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 6
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`(abstract— comprising layers L0, L1, ..., implying more than two layers,
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`hereinafter interpreted the three layers as L0, L1, and L2), in which a video stream
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`is recorded on the three recording layers ([0022]; Figs.1-4 - disc1 having a plurality
`
`of recording layers as shown in Figs. 1-4, in which a video stream is recorded as
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`described in at least [0022]), wherein a part of the video stream is recorded up to a
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`first recording position on a first layer, the first layer being one of the plurality of
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`recording layers (Fig. 3 — a part of the video stream is recorded up to at least the
`
`end position P2 on layer L0 - also see Response to Arguments above), wherein a
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`remaining part of the video stream is recorded from a second recording position of a
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`second layer adjacent to the first layer (Fig. 3 — recorded from the beginning position
`
`of P2 on layer L1 - also see Response to Arguments above), wherein the second
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`recording position is a recording position within maximum number of first sectors from a
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`third recording position, and the third recording position is on the second layer and has
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`a 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 -
`
`also see Response to Arguments above), and the video stream is seamlessly
`
`connected from the first recording position to the second recording position ([0025]-
`
`[0027]), wherein a fourth recording position is a recording position on a same layer as a
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`fifth recording position, and is within maximum number of second sectors from the fifth
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`recording position (Fig. 3 — at least the beginning position of P3 on L0 - the fifth
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`position is at least the end of segment P3, also see Response to Arguments
`
`above), and the video stream is seamlessly connected from the fifth recording position
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`to the fourth recording position ([0025]-[0027]), wherein the maximum number of the
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`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 7
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`first sectors is smaller than the maximum number of the second sectors (Fig. 3— see
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`“Response to Arguments ” above).
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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, and the logical addresses are continuously
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`assigned from the inner perimeter of the first recording layer in the direction toward the
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`outer perimeter, next from the outer perimeter of the second recording layer toward the
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`inner perimeter, and then from the inner perimeter of the third recording layer toward the
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`outer perimeter, and a first distance in logical address from the first recording positon to
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`the second recording position is larger than a second distance in logical address from
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`the fifth recording position to the fourth recording position, wherein a single recorded
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`data zone spans across multiple recording layers, and wherein recording layers are
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`changed without changing of a data zone, and data zones are changed without
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`changing of recording layers, such that only one of a data zone or a recording layer is
`
`changed at a time, but not both.
`
`Sasaki discloses a recording medium has three recording layers, including the
`
`first recording layer, the second recording layer, and a third recording layer (Fig. 3— a
`
`disc having three recording layers L0, L1, and L2), where the physical and logical
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`addresses correlate in one on one basis on the recording medium, and the logical
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`addresses are continuously assigned from the inner perimeter of the first recording layer
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`in the direction toward the outer perimeter, next from the outer perimeter of the second
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`recording layer toward the inner perimeter, and then from the inner perimeter of the third
`
`recording layer toward the outer perimeter (Fig. 5), and a first distance in logical
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`address between a first recording positon and a second recording position is larger than
`
`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 8
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`a second distance in logical address between a fourth recording position and a fifth
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`recording position (Fig. 1A — in view of a combination with Blacquiere, using Fig. 3
`
`of Blacquiere with a layout of the recording positions discussed in “Response to
`
`Arguments” above, first distance between a first recording position on layer 1
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`and a second recording position on layer 2 is larger a second distance in logical
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`address between the fifth recording position and a fourth recording position on
`
`the same layer 1 — also see “Response to Arguments” above), wherein a single
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`recorded data zone spans across multiple recording layers, and wherein recording
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`layers are changed without changing of a data zone, and data zones are changed
`
`without changing of recording layers, such that only one of a data zone or a recording
`
`layer is changed at a time, but not both (Fig. 14 — see “Response to Arguments”
`
`above).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Sasaki into the recording medium taught
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`by Blacquiere in order to employ a conventional logical address arrangement on the
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`disc to ensure compatibility with existing disc recorder and reader that employ the same
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`logical address arrangement.
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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
`
`side of Ct).
`
`Regarding claim 3, Blacquiere also discloses the first recording layer where the
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`first recording position exists is a second-layer recording layer of the three layers of
`
`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 9
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`recording layers (Fig. 3— layer L0) and wherein the second recording layer where the
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`second recording position exists is a third-layer recording layer of the three layers of
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`recording layers (Fig. 3— layer L1).
`
`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).
`
`Claim 7 is rejected for the same reason as discussed in claim 6 above.
`
`Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Blacquiere and Sasaki as applied to claims 1-3 and 6-7 above, and further in view
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`of Kobayashi (US 2007/0070843 A1 — hereinafter Kobayashi).
`
`Regarding claim 4, see the teachings of Blacquiere and Sasaki as discussed in
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`claim 1 above. However, Blacquiere and Sasaki do not explicitly discloses the video
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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.
`
`Kobayashi discloses data are recorded from an inner perimeter side toward an
`
`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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`

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`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 10
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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). Blacquiere discloses the recorded data as the video stream.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HUNG Q DANG whose telephone number is (571)270-
`
`1116. The examiner can normally be reached on lFT.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`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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`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 11
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`
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`Status information for unpublished applications is available through Private PAIR only.
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`
`/HUNG Q DANG/
`
`Primary Examiner, Art Unit 2484
`
`