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`Attorney Docket No. P52449
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`REMARKS
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`Initially, Applicant wishes to thank Examiner Nien-Ru Yang for the further examination
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`of the present patent application. Applicant would also like to thank the Examiner for
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`considering the material provided in the Supplemental Information Disclosure Statement, filed
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`May 6, 2019, as evidenced by the Examiner-signed copy of the Supplemental Information
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`Disclosure Statement attached to the Official Action.
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`Summary of the Official Action
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`In the Official Action, the Examiner asserted the following rejection with respect to
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`pending claims 1-4:
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`Claims 1-4 were rejected under 35 U.S.C. §103 as being unpatentable over NEWTON et
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`al. (US. Patent Application Publication No. 2014/0125696 A1, hereafter “NEWTON”) in View
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`of OGAWA et al. (US. Patent Application Publication No. 2013/0279883 A1, hereafter
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`“OGAWA”).
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`Summary of the Present Response to the Official Action
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`In present response to the Official Action, Applicant has amended independent claim 1 to
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`clarify the configuration of the non-transitory recording medium recited therein. Applicant has
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`also added new dependent claim 5, which depends upon amended independent claim 1 to recite
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`additional patentable features of Applicant’s claimed non-transitory recording medium. Thus,
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`claims 1-5 are currently pending for consideration by the Examiner.
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`{P52449 04201014.DOC}
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`Application No. 15/471,032
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`Attorney Docket No. P52449
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`Support for the present amendment is at least provided in Applicant’s Figures 46-47,
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`together with the corresponding descriptions in the specification. Applicant submits that no
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`impermissible new matter has been added by the present amendment.
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`The Rejection of Claims 1-4 Under 35 U.S.C. §103
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`In the Official Action, independent claim 1 and dependent claims 2-4 were rejected under
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`35 U.S.C. §103 as being unpatentable over NEWTON in view of OGAWA.
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`(See Official
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`Action, pages 9-12.)
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`Applicant respectfully traverses the rejection of claims 1-4 under 35 U.S.C. §103 as being
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`unpatentable over NEWTON in view of OGAWA. Applicant respectfully submits that the
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`combination of limitations recited in claims 1-4 would n_ot have been obvious before the
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`effective filing date of the claimed invention to one of ordinary skill in the art, in view of
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`NEWTON and OGAWA.
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`More specifically with regard to Applicant’s amended independent claim 1, Applicant
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`respectfully submits that neither the primary reference NEWTON, nor the secondary reference
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`OGAWA, nor the combination thereof, either discloses or renders obvious the combination of
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`limitations recited in Applicant’s independent claim 1, including the limitations highlighted
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`below:
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`the la list storin
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`la back control in 0rmati0n 0 a content
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`and including a management region and an extended regionz
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`(emphasis added).
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`First, the Official Action explicitly acknowledges that the primary reference NEWTON
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`fails to disclose the above-cited limitations (See Official Action, page 10.)
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`{P52449 04201014.DOC}
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`Application No. 15/471,032
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`Attorney Docket No. P52449
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`However, the Official Action asserts that the secondary reference OGAWA discloses
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`these limitations, and concludes independent claim 1 is obvious. More specifically, the
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`Examiner states that OGAWA from the same or similar fields of endeavor discloses the playlist
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`storing playback control information of a content, and including a management region and an
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`extended region (see OGAWA, paragraph [0188]: "In other words, the playback path in @
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`playback mode is separated from the playback paths in 2D playback mode and in extended
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`playback mode." (See Official Action, pages 10-11.)
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`Initially, Applicant notes that in the present Official Action the Examiner has changed the
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`basis upon which the reference to the asserted relevant teachings OGAWA is based.
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`In the
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`previous Final Official Action, the Examiner cited paragraphs [O314]-[O316] of OGAWA as
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`teaching the above missing feature. Applicant notes that paragraphs [O314]-[O316] of OGAWA
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`disclose a main path 3001 and two sub-paths 3002 and 3003.
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`However, in the present Official Action, the Examiner has changed the cited paragraph of
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`OGAWA to paragraph [0188], which discloses "arrangements 1 and 2 separate playback paths in
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`different modes immediately before and after the long jump In, the playback paths in 2D
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`playback mode and in extended playback mode run through the monoscopic video specific
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`sections".
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`As referred in OGAWA’s Figures 14 and 15, paragraph [0188] describes a stream
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`segment layout on a disk used for 2D or 3D or extended playback mode to avoid read buffers
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`(RB1 1911 and RB2 1912) being under flow in case of a “long jump” during each playback
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`mode. See OGAWA’s annotated Figure 14 below showing OGAWA’s “long jump” and
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`playback modes, i.e., 1431 (2D playlist), 1432 (3D playlist), and 1433 (extended playlist).
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`{P52449 04201014.DOC}
`4
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`Application No. 15/471,032
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`Attorney Docket No. P52449
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`However, OGAWA’s paragraph [0188] is a description regarding stream layout to
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`achieve a “long jump” for 2D, 3D, and extended playback modes. Thus, this description does
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`not relate to playback control information during each playback mode.
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`In 2D playback mode, only main path 3001 is used throughout its 2D playback.
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`In 3D
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`playback mode, main path 3301 and sub-path 3302 are used throughout its 3D playback.
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`In
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`extended playback mode, main path 3601 and sub-path 3602 are used throughout its extended
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`playback. Thus, reproducing sub-path 3302 alone or reproducing sub-path 3602 alone never
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`happens. On the other hand, the first or second playback control information in Applicant’s
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`independent claim 1 can be reproduced independently, and there is no description about stream
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`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
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`very limited irregular “long jump” mode, and is n_0l relevant to playback control information
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`during each playback mode. Therefore, Applicant respectfully submits that the newly-cited
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`section of OGAWA fails to remedy the distinct deficiencies of NEWTON discussed above.
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`{P52449 04201014.DOC}
`5
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`Application No. 15/471,032
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`Attorney Docket No. P52449
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`Furthermore, Applicant has amended independent claim 1 to clarify the configuration of
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`the non-transitory recording medium recited therein. Applicant submits that amended
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`independent claim 1 now recites the inclusion of “an audio stream” that is played in combination
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`with both the video stream ofthe high-luminance range and the subtitle stream of the high-
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`luminance range, and is also played in combination with both the video stream of the
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`standard-luminance range and the subtitle stream of the standard-luminance range.
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`Thus, for at least the reasons discussed above, Applicant respectfully submits that the
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`combination of limitations recited in amended independent claim 1 would n_ot have been obvious
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`before the effective filing date of the claimed invention to one of ordinary skill in the art, in view
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`of NEWTON and OGAWA.
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`Additionally, Applicant submits that dependent claims 2-4, which depend upon amended
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`independent claim 1, are patentable for at least the reasons discussed above regarding
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`independent claim 1, and further for the additional limitations recited therein.
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`Accordingly, Applicant respectfully requests that the rejection of claims 1-4 under 35
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`U.S.C. §103 as being unpatentable over NEWTON and OGAWA be withdrawn.
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`New Dependent Claim 5
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`In the present response, Applicant has added new dependent claim 5 that depends upon
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`independent claim 1. New dependent claim 5 includes additional patentable features of
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`Applicant’ s invention that recite that “wherein the audio stream specified in the management
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`region and the extended region are identical.” Thus, Applicant respectfully requests that an
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`indication of the allowability of the new dependent claim 5 be provided in the next Official
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`communication.
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`{P52449 04201014.DOC}
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`Application No. 15/471,032
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`Attorney Docket No. P52449
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`Conclusion
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`In conclusion, Applicant respectfully submits that pending claims 1-5 satisfy all of the
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`regulatory and statutory requirements for patentability for at least the reasons discussed above.
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`Accordingly, Applicant respectfully requests that the above-cited rejection be withdrawn.
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`Additionally, Applicant requests that an indication of the allowability of pending claims 1-5 be
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`provided in the next Official communication.
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`Finally, Applicant has made a sincere effort to place the present patent application in
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`condition for allowance. Thus, if the Examiner believes that there are any outstanding issues that
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`may be readily resolved through a telephone call, including an Examiner ’s Amendment, the
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`Examiner is invited to call the undersigned at the telephone number listed at the end of this
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`response.
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`{P52449 04201014.DOC}
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`Application No. 15/471,032
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`Attorney Docket No. P52449
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`W
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`In accordance with the Manual of Patent Examining Procedure (M.P.E.P.) Section
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`714.03(a), Applicant respectfully submits this Supplemental Amendment in order to supplement
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`the “Remarks” section in the Amendment Under 37 CPR. §1.111, filed January 31, 2020. More
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`specifically, this Supplemental response provides relevant information just received from the
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`inventor that was not available at the time of filing the Amendment on January 31, 2020.
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`Applicant believes that this relevant information will assist in the technical understanding to the
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`differences between the claimed invention and the applied prior art that will place the application
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`in condition for allowance. For the convenience of Examiner, this Supplemental Response
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`provides a replacement “Remarks” section that replaces the “Remarks” included in the
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`Amendment Under 37 CPR. §1.111, filed January 31, 2020. Accordingly, Applicant
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`respectfully requests entry of this Supplemental Amendment.
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`Should there be any questions, the Examiner is invited to contact the undersigned at the
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`below-listed telephone number.
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`Respectfully Submitted,
`Hiroshi YAHATA et a1.
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`/Gary V. Harkcom/
`Reg. No. 62,956
`Gary V. Harkcom
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`for Bruce H. Bernstein
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`Reg. No. 29,027
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`February 3, 2020
`GREENBLUM & BERNSTEIN, P.L.C.
`1950 Roland Clarke Place
`
`Reston, VA 20191
`(703) 716-1191
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`{P52449 04201014.DOC}
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