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
`
`15/699,091
`
`09/08/2017
`
`Hiroshi YAHATA
`
`P53367
`
`4122
`
`10/03/2019
`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
`
`10/03/2019
`
`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.
`15/699,091
`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 15 August 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.
`
`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) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`Claim(s) 2 is/are allowed.
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`Claim(s) 1 and 3 is/are rejected.
`
`E] Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[:1 Claim(s)
`9
`* If any claims have been determined allowable, 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.'sp 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)E] 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)|:] Some**
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`21:] Certified copies of the priority documents have been received in Application No.
`
`3D 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 20190924
`
`

`

`Application/Control Number: 15/699,091
`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
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`first inventor to file provisions of the AIA.
`
`Status of the Claims
`
`1.
`
`This is a reply to the application filed on 08/15/2019, in which, claim 3 has been added.
`
`Claims 1—3 remain pending in the present application with claims 1 and 2 being independent
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`claims.
`
`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 examiner
`
`and their equivalents as they may most broadly and appropriately apply to any particular
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`anticipated claim amendments.
`
`Response to Arguments
`
`2.
`
`Regarding the nonstatutory double patenting rejection of claims 1 and 2, Applicant filed
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`a terminal disclaimer on 08/15/2019 to overcome this rejection and the terminal disclaimer has
`
`been approved on 08/15/2019. Therefore the nonstatutory double patenting rejection is
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`withdrawn.
`
`3.
`
`Applicant's arguments with respect to claim 1 have been considered but are not
`
`persuasive.
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 3
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`On pages 7—8, Applicant argues that ”NEWTON does not appear to disclose any
`
`management region and extended region in which first and second playback control
`
`information, that specify playback of the HDR items in combination or the LDR items in
`
`combination, are stored. The Office Action cites to [0025] and [0072] of NEWTON as disclosing
`
`such management region and extended region, as recited by independent claim 1. With regard
`
`to [0025], NEWTON discloses "graphics processing control data comprises a subtitle descriptor
`
`defining a HDR processing instruction when overlaying subtitle graphic data in the HDR display
`
`mode." With regard to NEWTON's paragraph [0072], NEWTON discloses "the
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`HDR_Processingdefinition segment contains two processing instructions: a Pop—
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`upprocess_descriptor 51 and a Subtitleprocess descriptor 52. The segment may also contain
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`HDR palettes 53 to be used when display mode is HDR. It is to be noted that the original
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`palettes (now called LDR palettes) are provided in other segments as defined in the BD
`
`standard." Applicant respectfully submit that these disclosures of NEWTON do not appear to be
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`particularly relevant to the recited "management region" and "extended region" of
`
`independent claim 1, as such disclosures are silent as to any regions in which the
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`data/information are stored. Absent an explicit identification of any disclosure of a
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`management region and an extended region in NEWTON, Applicant respectfully submits that
`
`NEWTON may not be properly interpreted as disclosing the same."
`
`In response, Examiner respectfully points out that reference Newton does disclose the
`
`management region and the extended region stores first and second playback control
`
`information specifying that the video stream of the standard—luminance range and the subtitle
`
`stream of the standard—luminance range are to be played in combination. Newton discloses
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 4
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`that it does store HDR and SDR playback control information in different regions (see Newton,
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`paragraphs [0065]—[0066]: ”graphics segment consists of a segment descriptor and the segment
`
`data. The segment descriptor contains the type ofthe segment and the length. It is proposed to
`
`define a new segment type that carries information on how to process graphics when the video
`
`playback mode is set to HDR"). In addition, Newton discloses that extension data can be used to
`
`indicate the HDR graphics stream (see Newton, paragraph [0070]: ”One graphics stream is
`
`provided for LDR and the other one has at least substantially the same contents but is adapted
`
`for HDR. A HDR graphics indication may be provided in an attribute ofthe graphics stream. A
`
`linking mechanism between the LDR graphics stream and the corresponding HDR graphics
`
`stream may be provided to indicate which graphics stream is the HDR graphics stream
`
`corresponding to a particular LDR graphics stream, for example a pointer. The HDR version
`
`indication may be included in extension data of e.g. a PlayList file and may contain a link to the
`
`corresponding LDR version. Hence the reproducing device is enabled to select the respective
`
`one of both streams"). Therefore, Applicant's arguments are moot in view of the combination
`
`of Ogawa and Newton described in the Office Action.
`
`On pages 9—10, Applicant argues that, ”Applicant respectfully submits that OGAWA does
`
`not disclose a playlist file that includes a management region and an extended region, with the
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`management region storing first playback control information and the extended region storing
`
`second playback control information, as recited by independent claim 1. Specifically, Applicant
`
`submits that
`
`[0314]—[0316] of OGAWA reference the 2D playlist file 241, that merely includes
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`the main path 3001 and the two sub—paths 3002 and 3003. (See, e.g., OGAWA at FIG. 30.) The
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`assertion in the Final Official Action appears to interpret the main path 3001 and the two sub—
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 5
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`paths 3002 and 3003 as relating to a management region and an extended region. In other
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`words, the Office Action appears to be applying the main path 3001 as "the first playback
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`control information" recited in independent claim 1 and the two sub—paths 3002 and 3003 as
`
`"the second playback control information" recited in Applicant's independent claim l.OGAWA,
`
`however, discloses in [0316]
`
`that the 2D video stream of main path and other 2D video
`
`stream of the sub—paths are played back simultaneously".
`
`In response, Examiner respectfully disagrees. Clearly, at least in paragraphs [0188],
`
`Ogawa describes that they can be played back separately (see Ogawa, paragraph [0188]: ”In
`
`other words, the playback path in 3D playback mode is separated from the playback paths in 2D
`
`playback mode and in extended playback mode. Since the entirety ofthe base—view extents
`
`B3D in the stereoscopic video specific sections matches with the entirety of the base—view
`
`extents BZD in the monoscopic video specific sections bit for bit, the same base—view video
`
`frames are played back in both the playback modes). Therefore, Ogawa meets the claimed
`
`limitations and the rejection is maintained.
`
`On page 10, Applicant argues that, ”OGAWA targets 2D, 3D, or 2D extension, but it is
`
`completed silent regarding being applicable to standard—luminance range (e.g. SDR) and high—
`
`luminance range (e.g. HDR), which are recited in independent claim 1. Thus, it is again
`
`submitted that OGAWA fails to cure the deficiencies of Newton with respect to above—
`
`mentioned features (i) and (ii)".
`
`In response, Examiner respectfully disagrees. OGAWA is not completed silent about
`
`luminance (see Ogawa, paragraph [0126]: ”The pixel difference information 403 represents the
`
`
`difference between the pixel data obtained by interpolation from a full HD video frame and the
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`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 6
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`pixel data included in the original 4K2K video frame. When pixel data is represented as YCer
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`values, the pixel difference information 403 includes a difference Y_d in the luminance
`
`component Y, a difference Cr_d in the red—difference component Cr, a difference Cb_d in the
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`blue—difference component Cb, and a difference 0L_d in the opacity 0L"). Therefore, Ogawa
`
`meets the claimed limitations and the rejection is maintained.
`
`On pages 10-11, Applicant argues that “with respect to above-mentioned feature
`
`(iii) which is acknowledged as not being disclosed in NEWTON, the Office Action relies
`
`upon [0125] of OGAWA. While such disclosure of OGAWA relates to an extended
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`stream, it relates to resolution extension information 331 necessary for extending each
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`full HD video frame included in the primary video stream 301 in the main TS to a 4K2K
`
`video frame. In other words, the extended stream extends resolution of the video
`
`stream. In contrast, the third playback control information of above-mentioned feature
`
`(iii) of independent claim 1 relates to extending the luminance range. Applicant
`
`respectfully submits that these features are not equivalent, and thus, that the skilled
`
`artisan would not arrive at above-mentioned feature (iii) even if NEWTON and OGAWA
`
`are combined in the asserted manner. Accordingly, it is further submitted that OGAWA
`
`fails to cure the acknowledged deficiencies of NEWTON with respect to above-
`
`mentioned feature (iii) of independent claim 1.”
`
`In response, upon further consideration, Examiner respectfully submits that
`
`Newton does disclose “(iii) the third playback control information (in the sub-playlist
`
`region) that relates to an enhanced video stream for extending the luminance range of
`
`the video stream of the high-luminance range” (see Newton, paragraph [0070]: “The
`
`HDR version indication may be included in extension data of e.g. a PlayList file and may
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 7
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`contain a link to the corresponding LDR version. Hence the reproducing device is
`
`enabled to select the respective one of both streams”). Therefore, Newton meets the
`
`claimed limitations and the rejection is maintained.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`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 correction
`
`of the statutory basis for the rejection will not be considered a new ground of rejection if the
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`prior art relied upon, and the rationale supporting the rejection, would be the same under
`
`either status.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all 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.
`
`5.
`
`Claims 1 and 3 rejected under 35 U.S.C. 103 as being unpatentable over Newton et al.
`
`(US 20140125696 A1, hereinafter Newton) in view of Ogawa et al. (US 20130279883 A1,
`
`hereinafter Ogawa).
`
`Regarding claim 1, Newton discloses a non—transitory recording medium in which are
`
`recorded
`
`a video stream of standard—luminance range, and a video stream of high—luminance
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`range that is a broader luminance range than the standard—luminance range (see Newton,
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 8
`
`paragraph [0070]: ”One graphics stream is provided for LDR and the other one has at least
`
`substantially the same contents but is adapted for HDR. A HDR graphics indication may be
`
`provided in an attribute of the graphics stream. A linking mechanism between the LDR graphics
`
`stream and the corresponding HDR graphics stream may be provided to indicate which graphics
`
`stream is the HDR graphics stream corresponding to a particular LDR graphics stream, for
`
`example a pointer. The HDR version indication may be included in extension data of e.g. a
`
`PlayList file and may contain a link to the corresponding LDR version. Hence the reproducing
`
`device is enabled to select the respective one of both streams"), and
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`a subtitle stream of the standard—luminance range, and a subtitle stream of the high—
`
`luminance range (see Newton, paragraph [0045]: ”It is described to adjust the processing of
`
`graphics like subtitles or pop—up menus depending on the type of video being displayed (LDR or
`
`HDR video)"),
`
`wherein the management region stores first playback control information specifying
`
`that the video stream ofthe high—luminance range and the subtitle stream of the high—
`
`luminance range are to be played in combination (see Newton, paragraph [0025]: ”the graphics
`
`processing control data comprises a subtitle process descriptor defining a HDR processing
`
`instruction when overlaying subtitle graphic data in the HDR display mode"),
`
`wherein the extended region stores second playback control information specifying that
`
`the video stream of the standard—luminance range and the subtitle stream of the standard—
`
`luminance range are to be played in combination (see Newton, paragraph [0072]: ”the
`
`HDR_Processing_definition segment contains two processing instructions: a Pop—
`
`up_process_descriptor 51 and a Subtitle_process descriptor 52. The segment may also contain
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 9
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`HDR palettes 53 to be used when display mode is HDR. It is to be noted that the original
`
`palettes (now called LDR palettes) are provided in other segments as defined in the BD
`
`standard"); and
`
`wherein third playback control information relating to an enhanced video stream
`
`for extending the luminance range of the video stream of the high-luminance range is
`
`stored in the sub-playlist region (see Newton, paragraph [0070]: “The HDR version
`
`indication may be included in extension data of e.g. a PIayList file and may contain a
`
`link to the corresponding LDR version. Hence the reproducing device is enabled to
`
`select the respective one of both streams”).
`
`Regarding claim 1, Newton discloses all the claimed limitations with the exception of a
`
`playlist file storing playback control information of a content, and including a management
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`region and an extended region, and wherein the playlist file further includes a sub—playlist
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`region storing the playback control information relating to a sub—stream played at the same
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`time with the video stream ofthe high— luminance range.
`
`Ogawa from the same or similar fields of endeavor discloses a playlist file 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]—[03l6]: ”playlist file 241 includes a main path
`
`3001 and two sub—paths... The main path 3001 is a sequence of playitem information pieces...
`
`that defines the main playback path... a playback path is a different section of the file 2D 221
`
`than is represented by the main path), and
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`wherein the playlist file further includes a sub—playlist region storing the playback
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`control information relating to a sub—stream played at the same time with the video stream of
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 10
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`the high— luminance range (see Ogawa, paragraph [0316]: ”Each ofthe sub—paths 3002 and
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`3003 is a sequence of sub—playitem information pieces (hereinafter abbreviated as SUB_P|) that
`
`defines a playback path that can be associated in parallel with the main playback path for the
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`file... Such a playback path is a different section ofthe file 2D 221 than is represented by the
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`main path... The stream data indicated by the playback path represents other 2D video images
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`to be played back simultaneously with 2D video images played back from the file 2D 221 in
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`accordance with the main path").
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`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 Ogawa with the
`
`teachings as in Newton. The motivation for doing so would ensure the system to have the
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`ability to use the different paths of playlist file disclosed in Ogawa to define a playback path
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`that can be associated in parallel with the main playback path wherein the stream data
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`indicated by the playback path represents video streams to be played back simultaneously with
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`video stream in accordance with the main path and to use the extended stream disclosed in
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`Ogawa to include resolution extension information as extended data which in necessary for
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`extending the luminance range ofthe video stream thus having the playlist file storing playback
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`control of a content in management region and extended region wherein the playlist file
`
`further includes a sub—playlist region storing the playback control information relating to a sub—
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`stream played at the same time with the video stream of the high—luminance range so that the
`
`playback device that plays a recording medium having such a configuration can read out the
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`first control information within the management region and the third control information
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`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 11
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`within the sub—playlist, and thereby play the video stream of high—luminance range and the
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`enhanced stream at the same time.
`
`Regarding claim 3, the combination teachings of Newton and Ogawa as discussed above
`
`also disclose the non—transitory recording medium according to Claim 1, wherein each of the
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`video stream of the high—luminance range, specified in the first playback control information,
`
`and the video stream ofthe standard—luminance range, specified in the second playback control
`
`information, is independently playable (see Newton, paragraph [0057]: ”The video information
`
`and the graphic processing control data are retrieved and coupled to a video processor 113.
`
`The video processor has a signal processing structure for generating a display signal 114 by
`
`processing the video data for display in a specific display mode being any one of a LDR display
`
`mode and a HDR display mode, and processing graphics data for generating an overlay for
`
`overlaying the video data").
`
`The motivation for combining the references has been discussed in claim 1 above.
`
`Allowable Subject Matter
`
`6.
`
`Claim 2 includes allowed features as listed in US Patent 10,418,060. Applicant filed a
`
`terminal disclaimer on 08/15/2019 to overcome double patenting rejection and the terminal
`
`disclaimer has been approved on 08/15/2019. Therefore claim 2 is allowed.
`
`Conclusion
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as
`
`set forth in 37 CFR 1.136(a).
`
`

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`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 12
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS
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`from the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of
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`the mailing date of this final action and the advisory action is not mailed until after the end of
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`the THREE—MONTH shortened statutory period, then the shortened statutory period will expire
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`on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a)
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`will be calculated from the mailing date of the advisory action.
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`In no event, however, will the
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`statutory period for reply expire later than SIX MONTHS from the mailing date of this final
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`action.
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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—4212. The
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`examiner can normally be reached on Monday — Friday 10 AM — 6 PM EST.
`
`Examiner interviews are available via telephone, in—person, and video conferencing
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`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 the
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`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. For more information about the PAIR
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`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 13
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866—217—9197(to|l—free). If you
`
`would like assistance from a USPTO Customer Service Representative or access to the
`
`automated information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`NIENRU YANG
`
`Examiner
`
`Art Unit 2484
`
`/N|ENRU YANG/
`
`Examiner, Art Unit 2484
`
`/THA| QTRAN/
`
`Supervisory Patent Examiner, Art Unit 2484
`
`