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
`
`15/698,779
`
`09/08/2017
`
`Hiroshi YAHATA
`
`P53366
`
`1061
`
`11/29/2018
`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
`
`11/29/2018
`
`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
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`following e—mail address(es):
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`gbp atent @ gbp atent.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/698,779
`Examiner
`NIENRU YANG
`
`Applicant(s)
`YAHATA et al.
`Art Unit
`2484
`
`AIA 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 23 October 2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
`
`2b)
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`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.
`
`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)
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`Claim(s) fl is/are pending in the application.
`
`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.
`
`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
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`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 08 September 2017 is/are: a). accepted or b)D 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)D Some”
`
`C)D None of the:
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`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) C] Notice of References Cited (PTO-892)
`
`2) E] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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 20181121
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`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,
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`is being examined
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`under the first inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1. 114
`
`1.
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
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`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
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`10/23/2018 has been entered.
`
`Response to Amendment
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`2.
`
`This is a reply to the amendment filed on 08/20/2018,
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`in which, claims 1 and 5
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`have been amended. Claims 1-8 remain pending in the present application with claims
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`1 and 5 being independent claims.
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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.
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 3
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`Response to Arguments
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`3.
`
`Regarding the nonstatutory double patenting rejection of claim 1, Applicant filed a
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`terminal disclaimer on 08/20/2018 to overcome this rejection and the terminal disclaimer
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`has been approved on 09/18/2018. Therefore the nonstatutory double patenting
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`rejection is withdrawn.
`
`4.
`
`Applicant's arguments, filed on 08/20/2018, with respect to claim 1 have been
`
`considered but are not persuasive.
`
`On pages 10-11, Applicant argued that, “[mjore specifically with regard to
`
`amended independent claim 1, Applicant submits that neither YAHATA and SHIMADA,
`
`nor the combination thereof, either discloses, or renders obvious, the limitations recited
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`therein relating to the “peak bitrate information”.
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`Applicant submits that amended
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`independent claim 1 clearly states that the determiner determines the stipulated data
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`size by the peak bit rate information.
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`In distinct contrast to the limitations cited above in
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`Applicant’s independent claim 1, YAHATA discloses in YAHATA’s Figure 3 (provided on
`
`the following page) that the stipulated data size is determined statistically in accordance
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`with the occurrence deviation (probability) of several ECC blocks, which supposes the
`
`average bit rate 24Mbps. Thus, YAHATA fails to disclose the above-cited limitation of
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`Applicant’s amended independent claim 1, including determining the stipulated data
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`size by the peak bitrate information. Furthermore, SHIMADA fails to remedy the above-
`
`cited deficiencies of YAHATA. Therefore, for at least the reasons discussed above.
`
`Applicant respectfully submits that the combination of limitations recited in independent
`
`claim 1 would not have been obvious to one of ordinary skill in the art at the time of the
`
`invention in view of YAHATA and SHIMADA.”
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`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 4
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`In response, Examiner respectfully disagrees. Yahata discloses the meaning of
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`the value of the |_end that can be determined not only based on the average bit rate
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`information but also based on maximum bit rate, i.e. peak bitrate (see Yahata,
`
`paragraph [0193]: “It is acceptable to include bit rate information in the Clip information
`
`and determine the meaning of the value of the |_end based on the bit rate information.
`
`For instance, it is possible to predefine |_end table for the case where the average bit
`
`rate is 10 Mbps, and use the value described in the |_end table multiplied by 1.5 as the
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`|_end if the average bit rate of the AVClip is 15 Mbps. Instead of the average bit rate,
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`the maximum bit rate may be used in the same way”). Therefore, the proposed
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`amendments do not place the case in condition for allowance.
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`Claim Rejections - 35 USC § 103
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`5.
`
`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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`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:
`
`A patent for a claimed invention maynot be obtained, notwithstanding that the claimed
`invention is not identicallydisclosed as set forth in section 102 of this title, if the differences
`between the claimed invention and the priorartare such that the claimed invention as awhole
`would have been obvious before the effective filing date of the claimed invention to a person
`having ordinaryskill in the art to which the claimed invention pertains. Patentabilityshall not
`be negated by the manner in which the invention was made.
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 5
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`6.
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`Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Yahata et al. (US 20050238326 A1, hereinafter Yahata) in view of Shimada et al.
`
`(US 20110255846 A1, hereinafter Shimada).
`
`Regarding claim 1, Yahata discloses a playback device that reads out and plays
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`content from a recording medium in which are recorded
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`a system stream that includes video stream encoded video information (see
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`Yahata, paragraph [0117]: “This additional
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`information represents what encoding
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`method the video stream corresponding to the |_end_tab|e is encoded by.
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`If the video
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`stream is encoded by the MPEG2-video encoding, the additional
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`information indicating
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`the MPEG2-video encoding is to be described in the |_end_tab|e, and if the video
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`stream is encoded by the MPEG-AVC encoding, the additional
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`information indicating
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`the MPEG-AVC encoding is to be described in the |_end_tab|e”),
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`map information (see Yahata, paragraph [0118]: “FIG. 14 shows the entry map
`
`according to the third embodiment.
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`In FIG. 14, the |_end_tab|e#1 includes the additional
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`information for the MPEG4-AVC, and the |_end_tab|e#2 includes the additional
`
`information for the MPEG2-video”), and
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`peak bitrate information of the system stream (see Yahata, paragraph [0121]:
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`“Note that in addition to the encoding method, the average bit rate of the stream, the
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`maximum bit rate, the category that the content using the stream belongs to and so on,
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`or their combination may be used for switching the |_end_tab|e to be referred according
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`to the attribute of the stream”),
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`the map information including
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`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 6
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`start position information indicating a data start position of the picture (see
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`Yahata, paragraph [0048]: “The |_start included in each entry of the EP_map indicates a
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`start position of each |_picture”), and
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`size information indicating a data size of a section where the picture is
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`recorded in the system stream, based on a predetermined stipulated data size (see
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`Yahata, paragraph [0048]: “Each |_end has a 3-bit value that indicates the size of each
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`|_picture (001b, 010b). The start position and the size of the l-picture is shown in each
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`entry, and therefore it is possible to realize special playbacks”) and (see Yahata,
`
`paragraph [0180]: “It is acceptable to include bit rate information in the Clip information
`
`and determine the meaning of the value of the |_end based on the bit rate information.
`
`For instance, it is possible to predefine |_end table”),
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`wherein the stipulated data size varies in accordance with the peak bitrate
`
`information, the playback device comprising:
`
`a reader that reads out the map information and the peak bitrate
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`information (see Yahata, paragraphs [0054]-[0056]: “l-picture size to be stored into the
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`EP_map is recorded in units that are meaningful at the time of reading, such as units of
`
`ECG block sizes... The bit rate to be assigned to each type is different as well.
`
`Therefore, the l-picture sizes on the graph of FIG. 3 showing the occurrence rates are
`
`distributed over different ranges”);
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`a determiner that determines the stipulated data size in accordance with
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`the peak bitrate information that has been read out (see Yahata, FIG.3 and paragraphs
`
`[0073]-[0074]: “the recording device 200 and the playback device 300 determine the |-
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 7
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`picture size based on the value represented by 3-bit value”; and paragraph [0193]:
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`“Instead of the average bit rate, the maximum bit rate may be used in the same way’);
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`an acquirer that acquires the picture from the system stream based on the
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`result of the determination, and the start position information and the size information
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`included in the map information that has been read out (see Yahata, paragraphs [0076]-
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`[0084]: “The video encoder 1 encodes an input video signal to obtain a video stream,
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`and outputs the video stream... The analysis unit 6 obtains the group of the entries for l-
`
`pictures by associating the obtained |_end with the |_start that represents the l-picture
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`address”); and
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`a video player that decodes and plays the acquired picture (see Yahata,
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`paragraph [0096]: “FIG. 11 shows the EP_-map that is obtained by integrating the
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`l_end_table and the group of the entries. In FIG. 11, the l_end_table is integrated into
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`the EP_map as an information element, namely l-picture information for the EP_map
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`(EP_map_Gl). Therefore, the playback device 300 can properly interpret the |_end (3-
`
`bit value) by referring to the l_end_tab|e in the EP_map_Gl”),
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`wherein the determiner determines the size information to be a value indicating a
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`data size based on a first stipulated data size, in a case where the bitrate information
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`indicates a peak bitrate larger than a predetermined value (see Yahata, paragraphs
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`[0159]—[0161]: “a speed rate of the playback device 300 is assigned to each digit of the
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`3-bit value representing the l-picture size... the upper limit of the l-picture size for each
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`speed rate is determined” and paragraph [0193]: “Instead of the average bit rate, the
`
`maximum bit rate may be used in the same way’), and
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`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 8
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`the size information to be a value indicating a data size based on a second
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`stipulated data size that is smaller than the first stipulated data size, in a case where the
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`bitrate information indicates a peak bitrate equal to or smaller than the predetermined
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`value (see Yahata, paragraph [0161]: “the upper limit is determined according to a rule
`
`that the larger the speed rate is, the smaller the l-picture is, and the smaller the speed
`
`rate is, the larger the l-picture size is”; and paragraph [0193]: “Instead of the average bit
`
`rate, the maximum bit rate may be used in the same way’).
`
`Regarding claim 1, Yahata discloses all the claimed limitations with the
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`exception of playback start time information of a picture that is included in the system
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`stream and is independently decodable.
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`Shimada from the same or similar fields of endeavor discloses playback start
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`time information of a picture that is included in the system stream and is independently
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`decodable (see Shimada, paragraph [0046]: “The PTS (Presentation Time Stamp)
`
`indicating the starting display time of the first picture in the stream information file 231
`
`corresponding to the address management file”).
`
`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 Shimada with
`
`the teachings as in Yahata. The motivation is to use Shimada’s PTS (Presentation
`
`Time Stamp) defined in EP_Map to indicate a starting playback time of the first picture
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`in a video stream information file corresponding to an address management file thus
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`recognizing and managing a playback start time of an identified l-picture in the video
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`stream in order to appropriately determined the starting time of playback and to perform
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`appropriate subtitle display.
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 9
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`Regarding claim 2, the combination teachings of Yahata and Shimada as
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`discussed above also disclose the playback device according to Claim 1, wherein the
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`first stipulated data size is a value allocated every 192 x 1024 x n bytes, wherein n is a
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`natural number (see Yahata, paragraph [0191]: “Although the l-picture sizeis
`
`represented by the number of the ECC blocks in each embodiment, it may be
`
`represented by... the number of packets included in the transport stream (each packet is
`
`192 bytes in the case of the BD-ROM). Furthermore, the l-picture size may be
`
`represented by units of 192 bytes including Arrival Time Stamp and TS packets, or by
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`units of 32 Kbytes, which is the least common multiple between 192 bytes and 2
`
`Kbytes”).
`
`The motivation for combining the references has been discussed in claim 1
`
`above.
`
`Regarding claim 3, the combination teachings of Yahata and Shimada as
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`discussed above also disclose the playback device according to Claim 1, wherein the
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`predetermined value is 48,000,000 bits/second (see Yahata, paragraph [0074]: “FIG. 5
`
`shows the occurrence rates of l-pictures in the case where the fluctuation band of
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`assigned bit rates is wide. The full line is the same as that shown in FIG. 3, which
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`represents the occurrence rates when the average bit rate is 24 Mbps. The broken lines
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`show the occurrence rates when the average bit rate is 1 Mbps and 48 Mbps” 48 Mbps
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`= 48,000,000 bits/second).
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`The motivation for combining the references has been discussed in claim 1
`
`above.
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 10
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`Regarding claim 4, the combination teachings of Yahata and Shimada as
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`discussed above also disclose the playback device according to of Claim 1, wherein the
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`size information is a 3-bit long value (see Yahata, paragraph [0144]: “the l-picture sizes
`
`are equally assigned to the 3-bit values”).
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`The motivation for combining the references has been discussed in claim 1
`
`above.
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`Claim 5 is rejected for the same reasons as discussed in claim 1 above.
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`Claim 6 is rejected for the same reasons as discussed in claim 2 above.
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`Claim 7 is rejected for the same reasons as discussed in claim 3 above.
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`Claim 8 is rejected for the same reasons as discussed in claim 4 above.
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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.
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`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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`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.
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 11
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`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.
`
`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.
`
`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.
`
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`
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`
`NIENRU YANG
`
`Examiner
`
`Art Unit 2484
`
`/NIEN YANG/
`
`Examiner, Art Unit 2484
`
`/THAI Q TRAN/
`
`Supervisory Patent Examiner, Art Unit 2484
`
`