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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
`
`15/471,032
`
`03/28/2017
`
`HIROSHI YAHATA
`
`P52449
`
`1033
`
`03/05/2020
`7590
`125331
`Panasonic Intellectual Property Corporation
`of America c/o Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`
`Reston, VA 20191
`
`EXAMINER
`
`YANG, NIEN
`
`ART UNIT
`2484
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/05/2020
`
`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)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/471,032
`Examiner
`NIEN RU YANG
`
`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 31 January 2020.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) D 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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) Eis/are pending in the application.
`
`5a) Of the above Claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`Claim(ss) 1_—5 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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)|:l The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 28 March 2017 is/are: a). 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). All
`
`b)C] Some**
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`3D 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)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] 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 20200225
`
`

`

`Application/Control Number:15/47l,032
`Art Unit:2484
`
`PageZ
`
`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.
`
`Remarks
`
`1.
`
`This is a reply to the amendment filed on 01/13/2020, in which, claim 1 has been
`
`amended; and claim 5 has been newly added. Claims 1-5 are currently pending in the
`
`present application with claim 1 being independent claim.
`
`When making claim amendments, the applicant is encouraged to consider the
`
`references in their entireties, including those portions that have not been cited by the
`
`examiner and their equivalents as they may most broadly and appropriately apply to any
`
`particular anticipated claim amendments.
`
`Response to Arguments
`
`2.
`
`Applicant's arguments filed on 01/31/2020 with respect to amended claim 1 have
`
`been considered but are moot in view of the new ground(s) of rejection.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`

`

`Application/Control Number:15/47l,032
`Art Unit:2484
`
`Page3
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`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 of this title, 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.
`
`Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Newton et al. (US 20140125696 A1, hereinafter Newton) in view of Yoshikazu (CN
`
`1684183 B, hereinafter Yoshikazu).
`
`Regarding claim 1, Newton discloses a non-transitory recording medium in
`
`which are recorded
`
`a video stream of standard-luminance range, and a video stream of high-
`
`luminance range that is a broader luminance range than the standard-luminance range,
`
`which are registered in a single playlist (see Newton, paragraph [0070]: “One graphics
`
`stream is provided for LDR and the other one has at least substantially the same
`
`contents but is adapted for HDR. A HDR graphics indication may be provided in an
`
`attribute of the graphics stream. A linking mechanism between the LDR graphics stream
`
`and the corresponding HDR graphics stream may be provided to indicate which
`
`graphics stream is the HDR graphics stream corresponding to a particular LDR graphics
`
`stream, for example a pointer. The HDR version indication may be included in extension
`
`data of e.g. a PlayList file and may contain a link to the corresponding LDR version.
`
`Hence the reproducing device is enabled to select the respective one of both streams”),
`
`

`

`Application/Control Number:15/47l,032
`Art Unit:2484
`
`Page4
`
`a subtitle stream of the standard-luminance range, and a subtitle stream of the
`
`high- luminance range (see Newton, paragraph [0045]: “It is described to adjust the
`
`processing of graphics like subtitles or pop-up menus depending on the type of video
`
`being displayed (LDR or HDR video)”),
`
`an audio stream (see Newton, paragraph [0061]: “The data streams are coupled
`
`to a main decoder 203 for decoding the video and audio data”),
`
`wherein the management region stores first playback control information
`
`specifying that the video stream of the high-luminance range, the subtitle stream of the
`
`high-luminance range, and the audio stream are to be played in combination (see
`
`Newton, paragraph [0025]: “the graphics processing control data comprises a subtitle
`
`process descriptor defining a HDR processing instruction when overlaying subtitle
`
`graphic data in the HDR display mode”; and paragraph [0044]: “Distribution of audio
`
`video (A/V) content is described in several standards, such as for example DVB for
`
`broadcasting and Blu-ray Disc or DVD for packaged media”),
`
`wherein the extended region stores second playback control information
`
`specifying that the video stream of the standard-luminance range, the subtitle stream of
`
`the standard-luminance range, and the audio stream are to be played in combination
`
`(see Newton, paragraph [0044]: “Distribution of audio video (A/V) content is described in
`
`several standards, such as for example DVB for broadcasting and Blu-ray Disc or DVD
`
`for packaged media”) and paragraph [0072]: “the HDR_Processing_definition segment
`
`contains two processing instructions: a Pop-up_process_descriptor 51 and a
`
`Subtitle_process descriptor 52. The segment may also contain HDR palettes 53 to be
`
`

`

`Application/Control Number:15/47l,032
`Art Unitz2484
`
`Page5
`
`used when display mode is HDR.
`
`It is to be noted that the original palettes (now called
`
`LDR palettes) are provided in other segments as defined in the BD standard”), and
`
`wherein either video streams specified in the first playback control information or
`
`video streams specified in the second playback control information are played (see
`
`Newton, paragraphs [0093]—[0095]: “Having two separate streams of graphics data,
`
`respectively for the LDR display mode and the HDR display mode, advantageously
`
`enables the source of the video to fully control the graphics functions for both display
`
`modes separately...
`
`In periods having said two versions of graphics data the
`
`reproducing device will select either the LDR version or HDR version depending on the
`
`display mode”).
`
`Regarding claim 1, Newton discloses all the claimed limitations with the
`
`exception of the playlist storing playback control information of a content, and including
`
`a management region and an extended region.
`
`Yoshikazu from the same or similar fields of endeavor discloses the playlist
`
`storing playback control information of a content (see Yoshikazu, paragraphs [0460]-
`
`[0461]: “contents of Blu-ray Disc ROM format with a title, an object, a playlist, clip
`
`information, the AV stream, and so a layered structure... the content usage control
`
`information (CPSUnitOOn. cci) of the respective units stored in the content playback
`
`establishment / copy control information” and paragraph [0511]: “with the first control
`
`information (CCI) area (2012 bytes) is stored after the header as corresponding to each
`
`CPS unit to playback / copy control information content usage control information”), and
`
`including a management region and an extended region (see Yoshikazu, paragraph
`
`[0516]: “The basic control information (basic CCI) comprises a substantially represents
`
`

`

`Application/Control Number:15/47l,032
`Art Unit:2484
`
`Page6
`
`a minimum content usage control information data. Basic control information (basic CCI)
`
`read by almost all of the information processing apparatus, wherein the information
`
`processing apparatus to perform content playback processing in accordance with a
`
`predetermined content playback processing program, and the information processing
`
`apparatus is required to execute processing in accordance with the control information.
`
`The extended control information (extended CCI) represented comprises a spreading
`
`contents information processing unit usage control information (playback / copy control
`
`information) of data, wherein the information processing apparatus having a processing
`
`function such as higher content usage process, such as a network transmission, spread
`
`transmitting and receiving data”).
`
`Therefore it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to utilize the teachings as in Yoshikazu with
`
`the teachings as in Newton. The motivation for doing so would ensure the system to
`
`have the ability to use a playlist disclosed in Yoshikazu to store content playback control
`
`information wherein the control information is stored corresponding to each content
`
`management unit to playback corresponding contents; the content control management
`
`data structure including different data blocks to stores the basic control information for
`
`basic content information playback and extended control information for extended
`
`content information playback thus having the playlist file storing playback control of a
`
`content in management region and extended region so that a playback device that plays
`
`a recording medium can read out first or second playback control information stored in
`
`either the basic control information region or the extended control information according
`
`to different configurations.
`
`

`

`Application/Control Number:15/47l,032
`Art Unitz2484
`
`Page7
`
`Regarding claim 2, the combination teachings of Newton and Yoshikazu as
`
`discussed above also disclose the non-transitory recording medium according to Claim
`
`1, wherein part of the second playback control information has a common data structure
`
`with the first playback control information (see Newton, paragraph [0057]: “The video
`
`information and the graphic processing control data are retrieved and coupled to a video
`
`processor 113. The video processor has a signal processing structure for generating a
`
`display signal 114 by processing the video data for display in a specific display mode
`
`being any one of a LDR display mode and a HDR display mode, and processing
`
`graphics data for generating an overlay for overlaying the video data”).
`
`The motivation for combining the references has been discussed in claim 1
`
`above.
`
`Regarding claim 3, the combination teachings of Newton and Yoshikazu as
`
`discussed above also disclose the non-transitory recording medium according to Claim
`
`1, wherein either video streams specified in the first playback control information or
`
`video streams specified in the second playback control information are played back
`
`exclusively of one another (see Newton, paragraph [0057]: “The video information and
`
`the graphic processing control data are retrieved and coupled to a video processor 113.
`
`The video processor has a signal processing structure for generating a display signal
`
`114 by processing the video data for display in a specific display mode being any one of
`
`a LDR display mode and a HDR display mode, and processing graphics data for
`
`generating an overlay for overlaying the video data”).
`
`The motivation for combining the references has been discussed in claim 1
`
`above.
`
`

`

`Application/Control Number:15/47l,032
`Art Unitz2484
`
`Page8
`
`Regarding claim 4, the combination teachings of Newton and Yoshikazu as
`
`discussed above also disclose the non-transitory recording medium according to Claim
`
`1, wherein each of video streams specified in the first playback control information and
`
`video streams specified in the second playback control information is independently
`
`playable (see Newton, paragraph [0057]: “The video information and the graphic
`
`processing control data are retrieved and coupled to a video processor 113. The video
`
`processor has a signal processing structure for generating a display signal 114 by
`
`processing the video data for display in a specific display mode being any one of a LDR
`
`display mode and a HDR display mode, and processing graphics data for generating an
`
`overlay for overlaying the video data”).
`
`The motivation for combining the references has been discussed in claim 1
`
`above.
`
`Regarding claim 5, the combination teachings of Newton and Yoshikazu as
`
`discussed above also disclose the non-transitory recording medium according to Claim
`
`1, wherein the audio stream specified in the management region and the extended
`
`region are identical (see Newton, paragraph [0064]: “The documents describe how
`
`streams are processed in a Blu-ray Disc player and how video is combined with
`
`synchronized graphics and audio data to create a compelling movie experience. In Blu-
`
`ray Disc the audio and graphics data may be embedded into the main transport stream
`
`or may be embedded into another auxiliary transport stream that contains data that may
`
`be presented in sync with the content of the main transport stream dependent on input
`
`from the user”).
`
`

`

`Application/Control Number:15/47l,032
`Art Unit:2484
`
`Page9
`
`The motivation for combining the references has been discussed in claim 1
`
`above.
`
`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
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the mailing date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to NIENRU YANG whose telephone number is (571)272-
`
`4212. The examiner can normally be reached on Monday - Friday 10 AM - 6 PM EST.
`
`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:15/47l,032
`Art Unit:2484
`
`PagelO
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, THAI 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 https://ppair-
`
`my.uspto.gov/pair/PrivatePair. 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.
`
`NIENRU YANG
`
`Examiner
`
`Art Unit 2484
`
`/NIENRU YANG/
`
`Examiner, Art Unit 2484
`
`/THAI Q TRAN/
`
`Supervisory Patent Examiner, Art Unit 2484
`
`

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