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
`
`P5 2449
`
`1033
`
`05/01/2019
`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
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`05/01/2019
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`ELECTRONIC
`
`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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`

`

`0/7709 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
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`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
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`1). Responsive to communication(s) filed on 26 March 2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] 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.
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`) ) ) )
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`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
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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.
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`11). The drawing(s) filed on 28 March 2017 is/are: a). accepted or b)C] 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). All
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`b)D Some**
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`C)D None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.[:] 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.
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`Attachment(s)
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`1)
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`Notice of References Cited (PTO-892)
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`3)
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`Interview Summary (PTO-413)
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`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`Paper No(s)/Mail Date 20190312.
`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 20190422
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`

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`Application/Control Number: 15/471,032
`Art Unit: 2484
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`Page 2
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`DETAILED ACTION
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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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`Response to Amendment
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`1.
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`This is a reply to the amendment filed on 03/26/2019, in which, claim 1 has been
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`amended and new claim 3 has been added. Claims 1-3 are currently pending in the
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`present application with claim 1 being independent claim.
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`When making claim amendments, the applicant is encouraged to consider the
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`references in their entireties, including those portions that have not been cited by the
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`examiner and their equivalents as they may most broadly and appropriately apply to any
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`particular anticipated claim amendments.
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`Response to Arguments
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`2.
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`Applicant's arguments on 03/26/2019 with respect to amended claim 1 have
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`been considered but are moot in view of the new ground(s) of rejection.
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`Claim Rejections - 35 USC § 103
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`3.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`

`

`Application/Control Number: 15/471,032
`Art Unit: 2484
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`Page 3
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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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 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.
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`4.
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`Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Newton et al. (US 20140125696 A1, hereinafter Newton) in view of Ogawa et al.
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`(US 20130279883 A1, hereinafter Ogawa).
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`Regarding claim 1, Newton discloses a non-transitory recording medium in
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`which are recorded
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`a video stream of standard-luminance range, and a video stream of high-
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`luminance range that is a broader luminance range than the standard-luminance range,
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`which are registered in a single playlist (see Newton, paragraph [0070]: “One graphics
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`stream is provided for LDR and the other one has at least substantially the same
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`contents but is adapted for HDR. A HDR graphics indication may be provided in an
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`attribute of the graphics stream. A linking mechanism between the LDR graphics stream
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`and the corresponding HDR graphics stream may be provided to indicate which
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`graphics stream is the HDR graphics stream corresponding to a particular LDR graphics
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`stream, for example a pointer. The HDR version indication may be included in extension
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`data of e.g. a PlayList file and may contain a link to the corresponding LDR version.
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`Hence the reproducing device is enabled to select the respective one of both streams”),
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`

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`Application/Control Number: 15/471,032
`Art Unit: 2484
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`Page 4
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`a subtitle stream of the standard-luminance range, and a subtitle stream of the
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`high- luminance range (see Newton, paragraph [0045]: “It is described to adjust the
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`processing of graphics like subtitles or pop-up menus depending on the type of video
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`being displayed (LDR or HDR video)”), and
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`wherein the management region stores first playback control information
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`specifying that the video stream of the high-luminance range and the subtitle stream of
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`the high- luminance range are to be played in combination (see Newton, paragraph
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`[0025]: “the graphics processing control data comprises a subtitle process descriptor
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`defining a HDR processing instruction when overlaying subtitle graphic data in the HDR
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`display mode”),
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`wherein the extended region stores second playback control information
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`specifying that the video stream of the standard-luminance range and the subtitle
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`stream of the standard-luminance range are to be played in combination (see Newton,
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`paragraph [0072]: “the HDR_Processing_definition segment contains two processing
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`instructions: a Pop-up_process_descriptor 51 and a Subtitle_process descriptor 52. The
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`segment may also contain HDR palettes 53 to be used when display mode is HDR.
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`It is
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`to be noted that the original palettes (now called LDR palettes) are provided in other
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`segments as defined in the BD standard”), and
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`wherein either video streams specified in the first playback control information or
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`video streams specified in the second playback control information are played (see
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`Newton, paragraphs [0093]—[0095]: “Having two separate streams of graphics data,
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`respectively for the LDR display mode and the HDR display mode, advantageously
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`enables the source of the video to fully control the graphics functions for both display
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`

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`Application/Control Number: 15/471,032
`Art Unit: 2484
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`Page 5
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`modes separately...
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`In periods having said two versions of graphics data the
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`reproducing device will select either the LDR version or HDR version depending on the
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`display mode”).
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`Regarding claim 1, Newton discloses all the claimed limitations with the
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`exception of the playlist storing playback control information of a content, and including
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`a management region and an extended region.
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`Ogawa from the same or similar fields of endeavor discloses the playlist storing
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`playback control information of a content, and including a management region and an
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`extended region (see Ogawa, paragraphs [0314]—[0316]: “playlist file 241 includes a
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`main path 3001 and two sub-paths... The main path 3001 is a sequence of playitem
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`information pieces... that defines the main playback path... a playback path is a
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`different section of the file 2D 221 than is represented by the main path).
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`Therefore it would have been obvious to one of ordinary skill in the art before the
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`effective filing date of the claimed invention to utilize the teachings as in Ogawa with the
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`teachings as in Newton. The motivation for doing so would ensure the system to have
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`the ability to use the different paths of playlist file disclosed in Ogawa to define two
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`different regions of playlist file for playback control thus having the playlist file storing
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`playback control of a content in management region and extended region so that a
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`playback device that plays a recording medium can read out first or second playback
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`control information stored in either the management region or extended region
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`according to different configurations.
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`Regarding claim 2, the combination teachings of Newton and Ogawa as
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`discussed above also disclose the non-transitory recording medium according to Claim
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`

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`Application/Control Number: 15/471,032
`Art Unit: 2484
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`Page 6
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`1, wherein part of the second playback control information has a common data structure
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`with the first playback control information (see Newton, paragraph [0057]: “The video
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`information and the graphic processing control data are retrieved and coupled to a video
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`processor 113. The video processor has a signal processing structure for generating a
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`display signal 114 by processing the video data for display in a specific display mode
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`being any one of a LDR display mode and a HDR display mode, and processing
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`graphics data for generating an overlay for overlaying the video data”).
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`The motivation for combining the references has been discussed in claim 1
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`above.
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`Regarding claim 3, the combination teachings of Newton and Ogawa as
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`discussed above also disclose the non-transitory recording medium according to Claim
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`1, wherein either video streams specified in the first playback control information or
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`video streams specified in the second playback control information are played back
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`exclusively of one another (see Newton, paragraph [0057]: “The video information and
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`the graphic processing control data are retrieved and coupled to a video processor 113.
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`The video processor has a signal processing structure for generating a display signal
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`114 by processing the video data for display in a specific display mode being any one of
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`a LDR display mode and a HDR display mode, and processing graphics data for
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`generating an overlay for overlaying the video data”).
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`The motivation for combining the references has been discussed in claim 1
`
`above.
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`

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`Application/Control Number: 15/471,032
`Art Unit: 2484
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`Page 7
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`The Examiner has cited particular paragraphs and figures in the references
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`applied to the claims above for the convenience of the Applicant. Although the specified
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`citations are representative of the teachings of the arts and are applied to specific
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`limitations within the individual claim, other passages and figures may apply as well. It is
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`respectfully requested from the Applicant in preparing responses, to fully consider the
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`references in their entirety as potentially teaching all or part of the claimed invention, as
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`well as the context of the passage taught by the prior arts or disclosed by the Examiner.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the mailing date of this final action.
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`

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`Application/Control Number: 15/471,032
`Art Unit: 2484
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`Page 8
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to NIENRU YANG whose telephone number is (571)272-
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`4212. The examiner can normally be reached on Monday - Friday 10 AM - 6 PM EST.
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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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`interview, applicant is encouraged to use the USPTO Automated Interview Request
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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 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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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`
`/NIENRU YANG/
`
`Examiner, Art Unit 2484
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`/THAI Q TRAN/
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`Supervisory Patent Examiner, Art Unit 2484
`
`