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
`
`07/10/2019
`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
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/10/2019
`
`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)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`15/698,779
`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 21 May 2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—2,4—6 and 8 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1—2,4—6 and 8 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
`
`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:
`
`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) D 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 20190703
`
`

`

`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, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Response to Amendment
`
`1.
`
`This is a reply to the amendment filed on 05/21/2019, in which, claims 1 and 5
`
`have been amended; and claims 3 and 7 have been cancelled. Claims 1-2, 4-6, and 8
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`remain pending in the present application with claims 1 and 5 being independent claims.
`
`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
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`particular anticipated claim amendments.
`
`Response to Arguments
`
`2.
`
`Applicant's arguments, filed on 05/21/2019, with respect to claims 1 and 5 have
`
`been considered but are not persuasive.
`
`On pages 8-10, Applicant argued that, “The Official Action cites the following
`
`sentence YAHATA’s paragraph [0193]: “Instead of the average bit rate, the maximum
`
`bit rate may be used in the same way.” (emphasis added). Thus, YAMATA is stating
`
`that the optimum configuration of YAHATA’s system is similarly based on using a
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`maximum bit rate 24Mbps. With regard to the newly added limitation that “th_e
`
`predetermined value is 48,000,000 bits per second”, which was previously recited in
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 3
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`Applicant’s now-cancelled dependent claim 3, the Official Action cites Applicant’s Figure
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`5 (provided below) as disclosing this limitation. Contrary to the assertion in the Official
`
`Action (regarding the now-cancelled dependent claim 3), YAHATA’s Figure 5 and
`
`paragraph |0074| do not disclose the claimed predetermined value to be 48 Mbps. l_
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`distinct contrast. the predetermined value for the peak bitrate information shown
`
`in Figure 5 is 24 MbpsI not 48 Mbps. Applicant submits that only a 24 Mbps peak
`
`bitrate would address the limitations of Applicant’s amended independent claim 1 that
`
`recite:
`
`the size information to be a value indicating a data size based on a first stipulated
`
`data size, in a case where the peak bitrate information indicates a bitrate larger
`
`than a predetermined value, and
`
`the size information to be a value indicating a data size based on a second
`
`
`stipulated data size that is smaller than the first stipulated data size, in a case where
`
`the peak bitrate information indicates a bitrate egual to or smaller than the
`
`predetermined value. (emphasis added).
`
`In other words, YAHATA’s Figure 5 clearly shows that using a predetermined
`
`value of a 48 Mbps peak bit rate fails to address the above-cited limitations of Applicant
`
`amended independent claim 1. Thus, in YAHATAs Figure 5, only a predetermined value
`
`of 24 Mbps is positioned to disclose a bitrate larger (i.e., 48 Mbps) than a predetermined
`
`value (i.e., 24 Mbps) and a bitrate equal to or smaller (i.e., 1 Mbps) than the
`
`predetermined value (i.e., 24 Mbps). Furthermore, YAHATA’s paragraph [0193] teaches
`
`away from using a higher predetermined value by suggesting that lower average bit
`
`rates (i.e., 10 Mbps or 15 Mbps) may be alternatively used, and not referring to the
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`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 4
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`possibility of using a higher average bit rate. Thus, one of ordinary skill in the art would
`
`have only considered the possible use of a lower predetermined value, not a higher
`
`predetermined value, and certainly not 48 Mbps. Therefore, for at least the reasons
`
`discussed above, Applicant respectfully submits that the combination of limitations
`
`recited in amended 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.”
`
`In response, Examiner respectfully disagrees. Applicant agrees that YAHATA
`
`uses 24 Mbps as predetermined value for the peak bitrate information. YAHATA
`
`discloses that 24 Mbps is a fixed transfer rate assigned to a video stream, but YAHATA
`
`exclusively states that the predetermined value, 24 Mbps, is used as an instance, it
`
`does not mean it can be 24 Mbps only. YAHATA clearly states that the l-picture size
`
`depends on characteristics of original images to be compressed, it can be vary but also
`
`can be concentrated within a certain range if the transfer rate assigned to the video
`
`stream is fixed (see Yahata, paragraph [0054]: “The following describes an optimization
`
`performed for further shortening the bit width that represents the l-picture size. The |-
`
`picture size depends on characteristics of original images to be compressed and an
`
`algorithm used for the compression. However, although the sizes of the l-pictures vary
`
`to some extent, it can be concentrated within a certain range if the transfer rate
`
`assigned to the video stream is fixed, to 24 Mbps for instance. FIG. 3 is an
`
`example graph showing occurrence rates of l-pictures of a certain content, by
`
`classifying the l-pictures according to their respective ECC block sizes. Each original
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`image has a type, such as an image of nature and an animation, and each type has a
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 5
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`different characteristic. The bit rate to be assigned to each type is different as well”).
`
`Therefore, the proposed amendments do not place the case in condition for allowance.
`
`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
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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.
`
`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 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 1-2, 4-6, and 8 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over 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
`
`Yahata, paragraph [0117]: “This additional information represents what encoding
`
`method the video stream corresponding to the l_end_table is encoded by.
`
`If the video
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`stream is encoded by the MPEG2-video encoding, the additional information indicating
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`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 6
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`the MPEG2—video encoding is to be described in the |_end_table, and if the video
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`stream is encoded by the MPEG-AVC encoding, the additional 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. In FIG. 14, the |_end_tab|e#1 includes the additional
`
`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]:
`
`“Note that in addition to the encoding method, the average bit rate of the stream, the
`
`maximum bit rate, the category that the content using the stream belongs to and so on,
`
`or their combination may be used for switching the |_end_table to be referred according
`
`to the attribute of the stream”),
`
`the map information including
`
`start position information indicating a data start position of the picture (see
`
`Yahata, paragraph [0048]: “The |_start included in each entry of the EP_map indicates a
`
`start position of each |_picture”), and
`
`size information indicating a data size of a section where the picture is
`
`recorded in the system stream, based on a predetermined stipulated data size (see
`
`Yahata, paragraph [0048]: “Each |_end has a 3-bit value that indicates the size of each
`
`|_picture (001 b, 010b). The start position and the size of the l-picture is shown in each
`
`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
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 7
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`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”),
`
`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
`
`information (see Yahata, paragraphs [0054]-[OO56]: “l-picture size to be stored into the
`
`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”);
`
`a determiner that determines the stipulated data size in accordance with
`
`the peak bitrate information that has been read out (see Yahata, FIG.3 and paragraphs
`
`[0073]—[OO74]: “the recording device 200 and the playback device 300 determine the |-
`
`picture size based on the value represented by 3-bit value”; and paragraph [0193]:
`
`“Instead of the average bit rate, the maximum bit rate may be used in the same way”);
`
`an acquirer that acquires the picture from the system stream based on the
`
`result of the determination, and the start position information and the size information
`
`included in the map information that has been read out (see Yahata, paragraphs [0076]-
`
`[0084]: “The video encoder 1 encodes an input video signal to obtain a video stream,
`
`and outputs the video stream... The analysis unit 6 obtains the group of the entries for |-
`
`pictures by associating the obtained |_end with the |_start that represents the l-picture
`
`address”); and
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 8
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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
`
`l_end_table and the group of the entries. In FIG. 11, the l_end_table is integrated into
`
`the EP_map as an information element, namely l-picture information for the EP_map
`
`(EP_map_Gl). Therefore, the playback device 300 can properly interpret the l_end (3-
`
`bit value) by referring to the l_end_table in the EP_map_Gl”),
`
`wherein the determiner determines the size information to be a value indicating a
`
`data size based on a first stipulated data size, in a case where the bitrate information
`
`indicates a peak bitrate larger than a predetermined value (see Yahata, paragraphs
`
`[0159]-[0161]: “a speed rate of the playback device 300 is assigned to each digit of the
`
`3-bit value representing the l-picture size... the upper limit of the l-picture size for each
`
`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
`
`the size information to be a value indicating a data size based on a second
`
`stipulated data size that is smaller than the first stipulated data size, in a case where the
`
`bitrate information indicates a peak bitrate equal to or smaller than the predetermined
`
`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”),
`
`wherein the predetermined value is 48,000,000 bits per second (see Yahata,
`
`paragraph [0054]: “The following describes an optimization performed for further
`
`shortening the bit width that represents the l-picture size. The l-picture size depends on
`
`

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 9
`
`characteristics of original images to be compressed and an algorithm used for the
`
`compression. However, although the sizes of the l-pictures vary to some extent, it can
`
`be concentrated within a certain range if the transfer rate assigned to the video stream
`
`is fixed, to 24 Mbps for instance”; and paragraph [0074]: “FIG. 5 shows the occurrence
`
`rates of l-pictures in the case where the fluctuation band of assigned bit rates is wide.
`
`The full line is the same as that shown in FIG. 3, which represents the occurrence rates
`
`when the average bit rate is 24 Mbps. The broken lines show the occurrence rates
`
`when the average bit rate is 1 Mbps and 48 Mbps” 48 Mbps = 48,000,000 bits/second).
`
`Regarding claim 1, Yahata discloses all the claimed limitations with the
`
`exception of playback start time information of a picture that is included in the system
`
`stream and is independently decodable.
`
`Shimada from the same or similar fields of endeavor discloses playback start
`
`time information of a picture that is included in the system stream and is independently
`
`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
`
`in a video stream information file corresponding to an address management file thus
`
`recognizing and managing a playback start time of an identified l-picture in the video
`
`

`

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

`

`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 11
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`Conclusion
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(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
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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.
`
`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.
`
`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.
`
`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
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 15/698,779
`Art Unit: 2484
`
`Page 12
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`
`NIENRU YANG
`
`Examiner
`
`Art Unit 2484
`
`/NIENRU YANG/
`
`Examiner, Art Unit 2484
`
`/THAI Q TRAN/
`
`Supervisory Patent Examiner, Art Unit 2484
`
`