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
`
`10/16/2019
`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
`
`10/16/2019
`
`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
`
`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 08/21/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] 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.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`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
`
`
`
`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
`
`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:
`
`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)
`
`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 20191010
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 2
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`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`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
`
`Applicant’s arguments filed 08/21/2019 have been considered but they are not
`
`persuasive.
`
`On pages 11-12, Applicant argues that,
`
`“Without acquiescing with the assertions of the Office Action, claim 1 has been amended
`
`to generally correspond to the amendments discussed during the interview. Accordingly, it is
`
`respectfully submitted that a combination of the asserted documents fail to disclose or render
`
`obvious at least “wherein a part of the video stream is recorded up to a first recording position
`
`and wherein each of the data zones includes continuous logical addresses” as generally
`
`recited in amended claim 1.”
`
`In response, Examiner respectfully disagrees and submits that, based on the
`
`teachings of a recording medium having three layers shown in Fig. 10 and Fig. 16 with a
`
`logical address space as described in [0075] and illustrated in Fig. 5 of Sasaki
`
`reference, one arrangement of data recordings illustrated in Fig. 3 of Blacquiere can be
`
`reproduced as follows (with annotations indicating the 13‘, 2nd, 310', 4th, and 5“ positions
`
`in respective layers recited in the claim, and the maximum numbers of first and second
`
`sectors as N1 and N2):
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 3
`
`
`
`a
`
`;
`
`“““R‘R‘R‘RR.xxxRRRRRRRRRw‘fi“~“««u~p§o§“«x«w‘g§f
`(Aster “Stine
`
`,
`
`‘
`
`Em; ssr Emu:
`.
`$3.81!! 3‘ ‘s’
`LRiERR
`=
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`
`uuuuuuu49
`
`
`
`With this arrangement, based on the description of logical address space
`
`illustrated in Fig. 5 and paragraph [0075] of Sasaki, we can arrive at:
`
`
`
`As such, in one arrangement, the positions can provide the maximum number of
`
`first sectors is smaller than the maximum number of second sectors and the first
`
`distance in logical addresses is larger than the second distance in logical address.
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 4
`
`Regarding the limitations of “a single recorded data zone spans across multiple
`
`recording layers to allow jumping from a recording position at one recording layer to
`
`another recording position at another recording layer at an angle, wherein recording
`
`layers are changed without changing of a data zone in the jumping, 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, and wherein each of the data zones
`
`includes continuous logical addresses,” Examiner respectfully submits that, based on
`
`the teachings of Sasaki in [0075] and Fig. 5, we can derive the order of reading from
`
`lowest logical address to highest logical addresses as follows (starting from the
`
`innermost L0 to innermost L2, the order of reading follows the direction of the arrows as
`
`annotated):
`
`
`
`MWMWWWWW\~WWWW®EM
`inner done
`{Sam 533cm?
`Outer firms:
`5 {ARENA 1‘}
`
`Using the same arguments described on page 3 of the Office Action dated
`
`05/21/2019 (dividing the data zone above into first and second data zones, following the
`
`reading order above), Examiner respectfully submits that Sasaki teaches the limitations
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 5
`
`of “a single recorded data zone spans across multiple recording layers to allow jumping
`
`from a recording position at one recording layer to another recording position at another
`
`recording layer at an angle, wherein recording layers are changed without changing of a
`
`data zone in the jumping, 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”, wherein the jumping angle is a right angle as shown in the Figure.
`
`Further, if we divide the data zone into two data zones as shown on page 3 of the
`
`Office Action dated 05/21/2019, each data zone would include three range of
`
`continuous logical addresses. For example, each of the first data zone and the second
`
`data zone includes at least a range of continuous logical addresses on L0, one on L1,
`
`and another one on L2.
`
`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 et al.
`
`(US 2011/0182156 A1 — hereinafter 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
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 6
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`including a first recording layer, a second recording layer, and a third recording layer
`
`(abstract— comprising layers L0, L1, ..., implying more than two layers,
`
`hereinafter interpreted the three layers as L0, L1, and L2), in which a video stream
`
`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
`
`described in at least [0022]), wherein a part of the video stream is recorded up to a
`
`first recording position on a first layer, the first layer being one of the plurality of
`
`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
`
`remaining part of the video stream is recorded from a second recording position of a
`
`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
`
`recording position is a recording position within maximum number of first sectors from a
`
`third recording position, and the third recording position is on the second layer and has
`
`a same distance from a central axis of the disc-shaped recording medium as the first
`
`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
`
`fifth recording position, the fourth recording position and the fifth recording position
`
`provided on a third layer adjacent to the first layer, and the fourth recording position is
`
`within maximum number of second sectors from the fifth recording position (Fig. 3—
`
`although Fig. 3 does not show a third layer, Blacquiere implies in abstract that
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 7
`
`there are more than two layers, as such, Examiner uses an arrangement
`
`comprising three layers as described in Response to Arguments above), and the
`
`video stream is seamlessly connected from the fifth recording position to the fourth
`
`recording position ([0025]-[0027]), wherein the maximum number of the first sectors is
`
`smaller than the maximum number of the second sectors (Fig. 3— see “Response to
`
`Arguments” above).
`
`Blacquiere does not disclose the physical and logical addresses correlate in one
`
`on one basis on the recording medium, and the logical addresses are continuously
`
`assigned from the inner perimeter of the first recording layer in the direction toward the
`
`outer perimeter, next from the outer perimeter of the second recording layer toward the
`
`inner perimeter, and then from the inner perimeter of the third recording layer toward the
`
`outer perimeter, and a first distance in logical address from the first recording position of
`
`the first layer to the second recording position of the second layer is larger than a
`
`second distance in logical address from the fifth recording position of the third layer to
`
`the fourth recording position of the third layer, wherein a single recorded data zone
`
`spans across multiple recording layers to allow jumping from a recording position at one
`
`recording layer to another recording position at another recording layer at an angle, and
`
`wherein recording layers are changed without changing of a data zone in the jumping,
`
`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, wherein each of the
`
`data zones includes continuous logical addresses.
`
`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
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 8
`
`disc having three recording layers L0, L1, and L2), where the physical and logical
`
`addresses correlate in one on one basis on the recording medium, and the logical
`
`addresses are continuously assigned from the inner perimeter of the first recording layer
`
`in the direction toward the outer perimeter, next from the outer perimeter of the second
`
`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
`
`address between a first recording positon of the first layer and a second recording
`
`position of the second layer is larger than a second distance in logical address between
`
`a fourth recording position of the third layer and a fifth recording position of the third
`
`layer (Fig. 1A ; Fig. 10; Fig. 5; [0075] — 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 and a second recording position on layer 2 is larger a second distance
`
`in logical address between the fifth recording position and a fourth recording
`
`position on the third layer— also see “Response to Arguments” above), wherein a
`
`single recorded data zone spans across multiple recording layers to allow jumping from
`
`a recording position at one recording layer to another recording position at another
`
`recording layer at an angle, and wherein recording 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,
`
`wherein each of the data zones includes continuous logical addresses (Fig. 5; Fig. 10;
`
`Fig. 16; [0075]; Fig. 14 — also see “Response to Arguments” above).
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 9
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`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
`
`by Blacquiere in order to employ a conventional logical address arrangement on the
`
`disc to ensure compatibility with existing disc recorder and reader that employ the same
`
`logical address arrangement.
`
`Regarding claim 2, Blacquiere also discloses the first recording position is in a
`
`region, of recording regions of the recording medium, that is on an outer side of an
`
`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
`
`first recording position exists is a second-layer recording layer of the three layers of
`
`recording layers (Fig. 3— layer L0) and wherein the second recording layer where the
`
`second recording position exists is a third-layer recording layer of the three layers of
`
`recording layers (Fig. 3— layer L1).
`
`Claim 6 is rejected for the same reason as discussed in claim 1 above in view of
`
`Blacquiere also disclosing a playback device comprising a reader that reads out a video
`
`stream recorded in a disc-shaped recording medium (Fig. 1); and a player that plays the
`
`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
`
`Blacquiere and Sasaki as applied to claims 1-3 and 6-7 above, and further in view
`
`of Kobayashi (US 2007/0070843 A1 — hereinafter Kobayashi).
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 10
`
`Regarding claim 4, see the teachings of Blacquiere and Sasaki as discussed in
`
`claim 1 above. However, Blacquiere and Sasaki do not explicitly discloses the video
`
`stream is recorded from an inner perimeter side toward the outer perimeter side in the
`
`first recording layer of the three layers of recording layers, recorded from the outer
`
`perimeter side toward the inner perimeter side in the second recording layer of the three
`
`recording layers, and recorded from the inner perimeter side toward the outer perimeter
`
`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,
`
`recorded from the outer perimeter side toward the inner perimeter side in the second
`
`recording layer of three layers of recording layers, and recorded from the inner
`
`perimeter side toward the outer perimeter side in the third recording layer of three layers
`
`of recording layers (Fig. 8; [0153]-[0156] — in case N=3, data are recorded following
`
`the track direction).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Kobayashi into the recording medium
`
`taught by Blacquiere and Seo to employ a three recording layer in order to enhance
`
`storage capacity and to facilitate recording of a higher number of media streams that
`
`can be seamlessly played back in parallel.
`
`Regarding claim 5, Kobayashi also discloses the data is recorded in regions
`
`excluding an innermost perimeter region of the data zone in the second recording layer
`
`of three layers of recording layers and the third recording layer of three layers of
`
`recording layers (Fig. 8). Blacquiere discloses the recorded data as the video stream.
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 11
`
`Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Blacquiere and Sasaki as applied to claims 1-3 and 6-7 above, and further in view
`
`of Yahata et al. (US 2006/0077472 A1 — hereinafter Yahata).
`
`Regarding claim 8, see the teachings of Blacquiere and Sasaki as discussed in
`
`claim 1 above. However, Blacquiere and Sasaki do not disclose the video stream
`
`includes a first video object (VOB) and a second VOB, and wherein the video stream is
`
`seamlessly connected by performing temporally continuous playback of the first VOB
`
`and the second VOB ([0059]).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Yahata into the recording medium taught
`
`by Blacquiere and Sasaki to organize the video stream according to existing formats,
`
`e.g. MPEG-2 and to play back the video stream continuously without interruption to
`
`enhance the viewing experience.
`
`Regarding claim 9, Yahata also disclose the jumping from the one recording
`
`layer and the other recording layer is performed to establish a seamless connection
`
`between a first video object (VOB) and a second VOB ([0059]— seamlessly jumping
`
`between V033), and wherein the jumping is performed by: playing the first VOB and
`
`the second VOB in a temporally continuous manner, after reading the first VOB to the
`
`end, temporarily stopping the reading operation, moving an optical pick up to a position
`
`where the second VOB is recorded, and reading the second VOB ([0059]— seamlessly
`
`jumping between VOBs, temporarily stopping read during jumping the pickup
`
`head from the end of the first VOB to the start of the second VOB, the V033 are
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 12
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`recorded to ensure seamless reproduction as described in at least [01 12] and Fig.
`
`14).
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`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
`
`CFR1.136(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
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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.
`
`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.
`
`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.
`
`

`

`Application/Control Number: 15/270,941
`Art Unit: 2484
`
`Page 13
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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
`
`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 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.
`
`/HUNG Q DANG/
`
`Primary Examiner, Art Unit 2484
`
`