throbber
Application No. 15/471,032
`
`Attorney Docket No. P52449
`
`REMARKS
`
`Initially, Applicant wishes to thank Examiner Nien-Ru Yang for the further examination
`
`of the present patent application. Applicant would also like to thank the Examiner for
`
`considering the material provided in the Supplemental Information Disclosure Statement, filed
`
`May 6, 2019, as evidenced by the Examiner-signed copy of the Supplemental Information
`
`Disclosure Statement attached to the Official Action.
`
`Summary of the Official Action
`
`In the Official Action, the Examiner asserted the following rejection with respect to
`
`pending claims 1-4:
`
`Claims 1-4 were rejected under 35 U.S.C. §103 as being unpatentable over NEWTON et
`
`al. (US. Patent Application Publication No. 2014/0125696 A1, hereafter “NEWTON”) in View
`
`of OGAWA et al. (US. Patent Application Publication No. 2013/0279883 A1, hereafter
`
`“OGAWA”).
`
`Summary of the Present Response to the Official Action
`
`In present response to the Official Action, Applicant has amended independent claim 1 to
`
`clarify the configuration of the non-transitory recording medium recited therein. Applicant has
`
`also added new dependent claim 5, which depends upon amended independent claim 1 to recite
`
`additional patentable features of Applicant’s claimed non-transitory recording medium. Thus,
`
`claims 1-5 are currently pending for consideration by the Examiner.
`
`{P52449 04201014.DOC}
`2
`
`

`

`Application No. 15/471,032
`
`Attorney Docket No. P52449
`
`Support for the present amendment is at least provided in Applicant’s Figures 46-47,
`
`together with the corresponding descriptions in the specification. Applicant submits that no
`
`impermissible new matter has been added by the present amendment.
`
`The Rejection of Claims 1-4 Under 35 U.S.C. §103
`
`In the Official Action, independent claim 1 and dependent claims 2-4 were rejected under
`
`35 U.S.C. §103 as being unpatentable over NEWTON in view of OGAWA.
`
`(See Official
`
`Action, pages 9-12.)
`
`Applicant respectfully traverses the rejection of claims 1-4 under 35 U.S.C. §103 as being
`
`unpatentable over NEWTON in view of OGAWA. Applicant respectfully submits that the
`
`combination of limitations recited in claims 1-4 would n_ot have been obvious before the
`
`effective filing date of the claimed invention to one of ordinary skill in the art, in view of
`
`NEWTON and OGAWA.
`
`More specifically with regard to Applicant’s amended independent claim 1, Applicant
`
`respectfully submits that neither the primary reference NEWTON, nor the secondary reference
`
`OGAWA, nor the combination thereof, either discloses or renders obvious the combination of
`
`limitations recited in Applicant’s independent claim 1, including the limitations highlighted
`
`below:
`
`the la list storin
`
`la back control in 0rmati0n 0 a content
`
`and including a management region and an extended regionz
`
`(emphasis added).
`
`First, the Official Action explicitly acknowledges that the primary reference NEWTON
`
`fails to disclose the above-cited limitations (See Official Action, page 10.)
`
`{P52449 04201014.DOC}
`3
`
`

`

`Application No. 15/471,032
`
`Attorney Docket No. P52449
`
`However, the Official Action asserts that the secondary reference OGAWA discloses
`
`these limitations, and concludes independent claim 1 is obvious. More specifically, the
`
`Examiner states that OGAWA from the same or similar fields of endeavor discloses the playlist
`
`storing playback control information of a content, and including a management region and an
`
`extended region (see OGAWA, paragraph [0188]: "In other words, the playback path in @
`
`playback mode is separated from the playback paths in 2D playback mode and in extended
`
`playback mode." (See Official Action, pages 10-11.)
`
`Initially, Applicant notes that in the present Official Action the Examiner has changed the
`
`basis upon which the reference to the asserted relevant teachings OGAWA is based.
`
`In the
`
`previous Final Official Action, the Examiner cited paragraphs [O314]-[O316] of OGAWA as
`
`teaching the above missing feature. Applicant notes that paragraphs [O314]-[O316] of OGAWA
`
`disclose a main path 3001 and two sub-paths 3002 and 3003.
`
`However, in the present Official Action, the Examiner has changed the cited paragraph of
`
`OGAWA to paragraph [0188], which discloses "arrangements 1 and 2 separate playback paths in
`
`different modes immediately before and after the long jump In, the playback paths in 2D
`
`playback mode and in extended playback mode run through the monoscopic video specific
`
`sections".
`
`As referred in OGAWA’s Figures 14 and 15, paragraph [0188] describes a stream
`
`segment layout on a disk used for 2D or 3D or extended playback mode to avoid read buffers
`
`(RB1 1911 and RB2 1912) being under flow in case of a “long jump” during each playback
`
`mode. See OGAWA’s annotated Figure 14 below showing OGAWA’s “long jump” and
`
`playback modes, i.e., 1431 (2D playlist), 1432 (3D playlist), and 1433 (extended playlist).
`
`{P52449 04201014.DOC}
`4
`
`

`

`Application No. 15/471,032
`
`Attorney Docket No. P52449
`
`However, OGAWA’s paragraph [0188] is a description regarding stream layout to
`
`achieve a “long jump” for 2D, 3D, and extended playback modes. Thus, this description does
`
`not relate to playback control information during each playback mode.
`
`In 2D playback mode, only main path 3001 is used throughout its 2D playback.
`
`In 3D
`
`playback mode, main path 3301 and sub-path 3302 are used throughout its 3D playback.
`
`In
`
`extended playback mode, main path 3601 and sub-path 3602 are used throughout its extended
`
`playback. Thus, reproducing sub-path 3302 alone or reproducing sub-path 3602 alone never
`
`happens. On the other hand, the first or second playback control information in Applicant’s
`
`independent claim 1 can be reproduced independently, and there is no description about stream
`
`layout in Applicant’s independent claim 1.
`
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`Thus, Applicant respectfully submits that this cited portion of OGAWA is restricted to a
`
`very limited irregular “long jump” mode, and is n_0l relevant to playback control information
`
`during each playback mode. Therefore, Applicant respectfully submits that the newly-cited
`
`section of OGAWA fails to remedy the distinct deficiencies of NEWTON discussed above.
`
`{P52449 04201014.DOC}
`5
`
`

`

`Application No. 15/471,032
`
`Attorney Docket No. P52449
`
`Furthermore, Applicant has amended independent claim 1 to clarify the configuration of
`
`the non-transitory recording medium recited therein. Applicant submits that amended
`
`independent claim 1 now recites the inclusion of “an audio stream” that is played in combination
`
`with both the video stream ofthe high-luminance range and the subtitle stream of the high-
`
`luminance range, and is also played in combination with both the video stream of the
`
`standard-luminance range and the subtitle stream of the standard-luminance range.
`
`Thus, for at least the reasons discussed above, Applicant respectfully submits that the
`
`combination of limitations recited in amended independent claim 1 would n_ot have been obvious
`
`before the effective filing date of the claimed invention to one of ordinary skill in the art, in view
`
`of NEWTON and OGAWA.
`
`Additionally, Applicant submits that dependent claims 2-4, which depend upon amended
`
`independent claim 1, are patentable for at least the reasons discussed above regarding
`
`independent claim 1, and further for the additional limitations recited therein.
`
`Accordingly, Applicant respectfully requests that the rejection of claims 1-4 under 35
`
`U.S.C. §103 as being unpatentable over NEWTON and OGAWA be withdrawn.
`
`New Dependent Claim 5
`
`In the present response, Applicant has added new dependent claim 5 that depends upon
`
`independent claim 1. New dependent claim 5 includes additional patentable features of
`
`Applicant’ s invention that recite that “wherein the audio stream specified in the management
`
`region and the extended region are identical.” Thus, Applicant respectfully requests that an
`
`indication of the allowability of the new dependent claim 5 be provided in the next Official
`
`communication.
`
`{P52449 04201014.DOC}
`6
`
`

`

`Application No. 15/471,032
`
`Attorney Docket No. P52449
`
`Conclusion
`
`In conclusion, Applicant respectfully submits that pending claims 1-5 satisfy all of the
`
`regulatory and statutory requirements for patentability for at least the reasons discussed above.
`
`Accordingly, Applicant respectfully requests that the above-cited rejection be withdrawn.
`
`Additionally, Applicant requests that an indication of the allowability of pending claims 1-5 be
`
`provided in the next Official communication.
`
`Finally, Applicant has made a sincere effort to place the present patent application in
`
`condition for allowance. Thus, if the Examiner believes that there are any outstanding issues that
`
`may be readily resolved through a telephone call, including an Examiner ’s Amendment, the
`
`Examiner is invited to call the undersigned at the telephone number listed at the end of this
`
`response.
`
`{P52449 04201014.DOC}
`7
`
`

`

`Application No. 15/471,032
`
`Attorney Docket No. P52449
`
`W
`
`In accordance with the Manual of Patent Examining Procedure (M.P.E.P.) Section
`
`714.03(a), Applicant respectfully submits this Supplemental Amendment in order to supplement
`
`the “Remarks” section in the Amendment Under 37 CPR. §1.111, filed January 31, 2020. More
`
`specifically, this Supplemental response provides relevant information just received from the
`
`inventor that was not available at the time of filing the Amendment on January 31, 2020.
`
`Applicant believes that this relevant information will assist in the technical understanding to the
`
`differences between the claimed invention and the applied prior art that will place the application
`
`in condition for allowance. For the convenience of Examiner, this Supplemental Response
`
`provides a replacement “Remarks” section that replaces the “Remarks” included in the
`
`Amendment Under 37 CPR. §1.111, filed January 31, 2020. Accordingly, Applicant
`
`respectfully requests entry of this Supplemental Amendment.
`
`Should there be any questions, the Examiner is invited to contact the undersigned at the
`
`below-listed telephone number.
`
`Respectfully Submitted,
`Hiroshi YAHATA et a1.
`
`/Gary V. Harkcom/
`Reg. No. 62,956
`Gary V. Harkcom
`
`for Bruce H. Bernstein
`
`Reg. No. 29,027
`
`February 3, 2020
`GREENBLUM & BERNSTEIN, P.L.C.
`1950 Roland Clarke Place
`
`Reston, VA 20191
`(703) 716-1191
`
`{P52449 04201014.DOC}
`8
`
`

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