throbber
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
`
`05/15/2019
`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
`
`05/15/2019
`
`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 08 September 2017.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`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.
`
`E] Claim(s)
`
`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 aflowabte. 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)
`
`Notice of References Cited (PTO-892)
`
`3)
`
`Interview Summary (PTO-413)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date See Continuation Sheet
`U.S. Patent and Trademark Office
`
`Paper No(s)/Mail Date 20190507.
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190510
`
`

`

`Continuation Sheet (PTOL-326)
`
`Application No. 15/699,091
`
`Continuation of Attachment(s) 2) Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date: 10/2/2017, 10/24/2017, 2/15/2018, 9/6/2018, 5/1/2019
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`1.
`
`This is a reply to the application filed on 09/08/2017, in which, claims 1-2 remain
`
`pending in the present application with claims 1 and 2 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
`
`particular anticipated claim amendments.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statements (IDS) submitted on 10/02/2017,
`
`10/24/2017, 02/15/2018, 09/06/2018, and 05/01/2019 are in compliance with the
`
`provisions of 37 CFR 1.97 and are being considered by the Examiner.
`
`Double Patenting
`
`3.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the "right to exclude" granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-
`
`type double patenting rejection is appropriate where the conflicting claims are not
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 3
`
`identical, but at least one examined application claim is not patentably distinct from the
`
`reference c|aim(s) because the examined application claim is either anticipated by, or
`
`would have been obvious over, the reference c|aim(s). See, e.g., In re Berg, 140 F.3d
`
`1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d
`
`2010 (Fed. Cir. 1993); In re LongL 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re
`
`Van Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438,
`
`164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644
`
`(CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321
`
`(d) may be used to overcome an actual or provisional rejection based on a nonstatutory
`
`double patenting ground provided the conflicting application or patent either is shown to
`
`be commonly owned with this application, or claims an invention made as a result of
`
`activities undertaken within the scope of a joint research agreement.
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`
`37 CFR 3.73(b).
`
`4.
`
`Claim 1 is rejected on the ground of nonstatutory double patenting as
`
`being unpatentable over claim 1 of allowed US Patent application 15/699,068
`
`(hereinafter “‘9068”) in view of Ogawa et al. (US 20130279883 A1, hereinafter
`
`Ogawa).
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 4
`
`Although the conflicting claims are not identical, they are not patentably distinct
`
`from each other because the instant application claims broader in every aspect than the
`
`patent claim and is therefore an obvious variant thereof.
`
`5.
`
`Regarding claim 1 of this application:
`
`Claim 1 of this a lication
`
`Claim 1 of ‘9068
`
`A non-transitory recording medium in
`which are recorded
`
`A non-transitory recording medium in
`which are recorded
`
`a video stream of standard-luminance
`
`a video stream of standard-luminance
`
`range, and a video stream of high-
`luminance range that is a broader
`luminance range than the standard-
`luminance ranoe,
`a subtitle stream of the standard-
`
`range, and a video stream of high-
`luminance range that is a broader
`luminance range than the standard-
`luminance ranoe
`
`a subtitle stream of the standard-
`
`luminance range, and a subtitle stream of
`the hioh- luminance ranoe,
`
`luminance range, and a subtitle stream of
`the hioh- luminance ranoe
`
`
`
`a playlist file storing playback control
`information of a content, and including a
`management region and an extended
`reoion,
`
`wherein the management region stores
`first playback control information
`specifying that the video stream of the
`high-luminance range and the subtitle
`stream of the high-luminance range are
`to be ola ed in combination
`
`a playlist file storing playback control
`information of a content, and including a
`management region and an extended
`
`wherein the management region storing
`first playback control information
`specifying that the video stream of the
`high-luminance range and the subtitle
`stream of the high-luminance range are to
`be ola ed in combination
`
`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
`
`wherein the extended region storing
`second playback control information
`specifying that the video stream of the
`standard-luminance range and the
`subtitle stream of the standard-luminance
`
`ranoe are to be ola ed in combination
`
`ranoe are to be ola ed in combination
`
`wherein the non-transitory recording
`medium further has recorded therein a
`
`management information file including a
`map region and an extended map region
`storing map information indicating a
`position of an independently decodable
`oicture included in the video stream,
`
`wherein the map region stores first map
`information indicating a position, in the
`video stream of the high-luminance
`ranoe, of an indeoendentl decodable
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 5
`
`——hioh-luminance ranoe, and
`
`wherein the extended map region stores
`second map information indicating a
`position, in the video stream of the
`standard-luminance range, of an
`independently decodable picture included
`in the video stream of the standard-
`
`luminance ranoe.
`
`
`
`wherein the playlist file further includes a
`sub-playlist region storing the playback
`control information relating to a sub-
`stream played at the same time with the
`video stream of the high- luminance
`ranoe, 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-ola list reoion
`
`It should be noted that the table above distinguishes the equivalent limitations as
`
`recited claim 1 of the instant application in comparison to the limitations as recited in
`
`claim 1 of ‘9068.
`
`However, claim 1 of ‘9068 fails to teach wherein the playlist file further includes a
`
`sub-playlist region storing the playback control information relating to a sub-stream
`
`played at the same time with the video stream of the high- luminance range, 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.
`
`Ogawa from the same or similar fields of endeavor discloses wherein the playlist
`
`file further includes a sub-playlist region storing the playback control information relating
`
`to a sub-stream played at the same time with the video stream of the high- luminance
`
`range (see Ogawa, paragraph [0316]: “Each of the sub-paths 3002 and 3003 is a
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 6
`
`sequence of sub-playitem information pieces (hereinafter abbreviated as SUB_PI) that
`
`defines a playback path that can be associated in parallel with the main playback path
`
`for the file... Such a playback path is a different section of the file 2D 221 than is
`
`represented by the main path... The stream data indicated by the playback path
`
`represents other 2D video images to be played back simultaneously with 2D video
`
`images played back from the file 2D 221 in accordance with the main path”), 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 Ogawa, paragraph [0125]: “the extended stream
`
`includes resolution extension information 331 as extended data. The resolution
`
`extension information 331 is information necessary for extending each full HD video
`
`frame included in the primary video stream 301 in the main TS to a 4K2K video frame”).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`of the invention to utilize the teachings by Ogawa into claim 1 of ‘9068. The motivation
`
`for doing so would ensure the system to have the ability to use the different paths of
`
`playlist file disclosed in Ogawa to define a playback path that can be associated in
`
`parallel with the main playback path wherein the stream data indicated by the playback
`
`path represents video streams to be played back simultaneously with video stream in
`
`accordance with the main path and to use the extended stream disclosed in Ogawa to
`
`include resolution extension information as extended data which in necessary for
`
`extending the luminance range of the video stream thus having the playlist file storing
`
`playback 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
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 7
`
`relating to a sub-stream played at the same time with the video stream of the high-
`
`luminance range and storing playback control information relating to an enhanced video
`
`stream for extending the luminance range of the video stream of the high-luminance
`
`range in the sub-playlist region so that the playback device that plays a recording
`
`medium having such a configuration can read out the first control information within the
`
`management region and the third control information within the sub-playlist, and thereby
`
`play the video stream of high-luminance range and the enhanced stream at the same
`
`time.
`
`6.
`
`Regarding claim 2 of this application:
`
`which are recorded
`
`which are recorded
`
`a video stream of standard-luminance
`
`a video stream of standard-luminance
`
`range, and a video stream of high-
`luminance range that is a broader
`luminance range than the standard-
`luminance ranoe,
`a subtitle stream of the standard-
`
`range, and a video stream of high-
`luminance range that is a broader
`luminance range than the standard-
`luminance ranoe
`a subtitle stream of the standard-
`
`luminance range, and a subtitle stream of
`the hioh- luminance ranoe,
`
`luminance range, and a subtitle stream of
`the hioh- luminance ranoe
`
`
`
`a playlist file storing playback control
`information of a content, and including a
`management region and an extended
`reoion,
`
`wherein the management region stores
`first playback control information
`specifying that the video stream of the
`high-luminance range and the subtitle
`stream of the high-luminance range are
`to be ola ed in combination
`
`a playlist file storing playback control
`information of a content, and including a
`management region and an extended
`
`wherein the management region storing
`first playback control information
`specifying that the video stream of the
`high-luminance range and the subtitle
`stream of the high-luminance range are to
`be ola ed in combination
`
`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
`
`wherein the extended region storing
`second playback control information
`specifying that the video stream of the
`standard-luminance range and the
`subtitle stream of the standard-luminance
`
`ranoe are to be ola ed in combination
`
`ranoe are to be ola ed in combination
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 8
`
`wherein the non-transitory recording
`medium further has recorded therein a
`
`wherein the non-transitory recording
`medium further has recorded therein a
`
`management information file including a
`map region and an extended map region
`storing map information indicating a
`position of an independently decodable
`oicture included in a video stream
`
`management information file including a
`map region and an extended map region
`storing map information indicating a
`position of an independently decodable
`oicture included in the video stream,
`
`wherein the map region stores first map
`information indicating a position, in the
`video stream of the high-luminance
`range, of an independently decodable
`picture included in the video stream of the
`hioh-luminance ranoe,
`
`wherein the map region stores first map
`information indicating a position, in the
`video stream of the high-luminance
`range, of an independently decodable
`picture included in the video stream of the
`hioh-luminance ranoe, and
`
`wherein the extended map region stores
`second map information indicating a
`position, in the video stream of the
`standard-luminance range, of an
`independently decodable picture include
`in the video stream of the standard-
`
`wherein the extended map region stores
`second map information indicating a
`position, in the video stream of the
`standard-luminance range, of an
`independently decodable picture included
`in the video stream of the standard-
`
`luminance ranoe.
`
`luminance ranoe,
`
`wherein the playlist file further includes a
`sub-playlist region storing the playback
`control information relating to the sub-
`stream played at the same time with the
`video stream of the high- luminance
`
`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-ola list reoion, and
`
`wherein the map region stores the first
`map information, and third map
`information indicating a position, in the
`enhanced video stream, of an
`
`independently decodable picture included
`in the enhanced video stream.
`
`It should be noted that the table above distinguishes the equivalent limitations as
`
`recited claim 2 of the instant application in comparison to the limitations as recited in
`
`claim 1 of ‘9068.
`
`However, claim 1 of ‘9068 fails to teach wherein the playlist file further includes a
`
`sub-playlist region storing the playback control information relating to the sub-stream
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 9
`
`played at the same time with the video stream of the high- luminance range, 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, and wherein the map region stores the first map information, and
`
`third map information indicating a position, in the enhanced video stream, of an
`
`independently decodable picture included in the enhanced video stream.
`
`Ogawa from the same or similar fields of endeavor discloses wherein the playlist
`
`file further includes a sub-playlist region storing the playback control information relating
`
`to the sub-stream played at the same time with the video stream of the high- luminance
`
`range (see Ogawa, paragraph [0316]: “Each of the sub-paths 3002 and 3003 is a
`
`sequence of sub-playitem information pieces (hereinafter abbreviated as SUB_PI) that
`
`defines a playback path that can be associated in parallel with the main playback path
`
`for the file... Such a playback path is a different section of the file 2D 221 than is
`
`represented by the main path... The stream data indicated by the playback path
`
`represents other 2D video images to be played back simultaneously with 2D video
`
`images played back from the file 2D 221 in accordance with the main path”),
`
`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 Ogawa, paragraph [0125]: “the extended stream
`
`includes resolution extension information 331 as extended data. The resolution
`
`extension information 331 is information necessary for extending each full HD video
`
`frame included in the primary video stream 301 in the main TS to a 4K2K video frame”),
`
`and
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 10
`
`wherein the map region stores the first map information, and third map
`
`information indicating a position, in the enhanced video stream, of an independently
`
`decodable picture included in the enhanced video stream (see Ogawa, FIG. 28B and
`
`paragraph [0301]: “when for example a PTS=36000O is indicated as the PTS for a
`
`specific entry point for the playback start position, the playback device 102 first retrieves
`
`the SPN=3200 allocated to this PTS in the entry map”).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`of the invention to utilize the teachings by Ogawa into claim 1 of ‘9068. The motivation
`
`for doing so would ensure the system to have the ability to use the different paths of
`
`playlist file disclosed in Ogawa to define a playback path that can be associated in
`
`parallel with the main playback path wherein the stream data indicated by the playback
`
`path represents video streams to be played back simultaneously with video stream in
`
`accordance with the main path and to use the extended stream disclosed in Ogawa to
`
`include resolution extension information as extended data which in necessary for
`
`extending the luminance range of the video stream thus having the playlist file storing
`
`playback 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-stream played at the same time with the video stream of the high-
`
`luminance range and storing playback control information relating to an enhanced video
`
`stream for extending the luminance range of the video stream of the high-luminance
`
`range in the sub-playlist region so that the playback device that plays a recording
`
`medium having such a configuration can read out the first control information within the
`
`management region and the third control information within the sub-playlist, and thereby
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 11
`
`play the video stream of high-luminance range and the enhanced stream at the same
`
`time.
`
`Claim Rejections - 35 USC § 103
`
`7.
`
`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 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.
`
`8.
`
`Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Newton
`
`et al. (US 20140125696 A1, hereinafter Newton) in view of 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 range that is a broader luminance range than the standard-luminance range
`
`(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 of the graphics stream. A linking
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 12
`
`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
`
`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 of the 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”), and
`
`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 HDR palettes 53 to be used when display mode is HDR.
`
`It is
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 13
`
`to be noted that the original palettes (now called LDR palettes) are provided in other
`
`segments as defined in the BD standard”).
`
`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 region and an extended region, wherein the playlist file further
`
`includes a sub-playlist region storing the playback control information relating to a sub-
`
`stream played at the same time with the video stream of the high- luminance range, 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.
`
`Ogawa from the same or similar fields of endeavor discloses a playlist file storing
`
`playback control information of a content, and including a management region and an
`
`extended region (see Ogawa, paragraphs [0314]—[0316]: “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),
`
`wherein the playlist file further includes a sub-playlist region storing the playback
`
`control information relating to a sub-stream played at the same time with the video
`
`stream of the high- luminance range (see Ogawa, paragraph [0316]: “Each of the sub-
`
`paths 3002 and 3003 is a sequence of sub-playitem information pieces (hereinafter
`
`abbreviated as SUB_PI) that defines a playback path that can be associated in parallel
`
`with the main playback path for the file... Such a playback path is a different section of
`
`the file 2D 221 than is represented by the main path... The stream data indicated by the
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 14
`
`playback path represents other 2D video images to be played back simultaneously with
`
`2D video images played back from the file 2D 221 in accordance with the main path”),
`
`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 Ogawa, paragraph [0125]: “the extended stream
`
`includes resolution extension information 331 as extended data. The resolution
`
`extension information 331 is information necessary for extending each full HD video
`
`frame included in the primary video stream 301 in the main TS to a 4K2K video frame”).
`
`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 ability to use the different paths of playlist file disclosed in Ogawa to define a
`
`playback path that can be associated in parallel with the main playback path wherein
`
`the stream data indicated by the playback path represents video streams to be played
`
`back simultaneously with video stream in accordance with the main path and to use the
`
`extended stream disclosed in Ogawa to include resolution extension information as
`
`extended data which in necessary for extending the luminance range of the video
`
`stream thus having the playlist file storing playback 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-stream played at the same
`
`time with the video stream of the high-luminance range and storing playback control
`
`information relating to an enhanced video stream for extending the luminance range of
`
`

`

`Application/Control Number: 15/699,091
`Art Unit: 2484
`
`Page 15
`
`the video stream of the high-luminance range in the sub-playlist region so that the
`
`playback device that plays a recording medium having such a configuration can read
`
`out the first control information within the management region and the third control
`
`information within the sub-playlist, and thereby play the video stream of high-luminance
`
`range and the enhanced stream at the same time.
`
`The Examiner has cited particular paragraphs and figures in the references
`
`applied to the claims above for the convenience of the Applicant. Although the specified
`
`citations are representative of the teachings of the arts and are applied to specific
`
`limitations within the individual claim, other passages and figures may apply as well. It is
`
`respectfully requested from the Applicant in preparing responses, to fully consider the
`
`references in their entirety as potentially teaching all or part of the claimed invention, as
`
`well as the context of the passage taught by the prior arts or disclosed by the Examiner.
`
`Allowable Subject Matter
`
`9.
`
`Claim 2 includes allowed features as listed in allowed US Patent application
`
`15/699,068 and therefore is allowed if Applicants overcome the double patenting
`
`rejection.
`
`Conclusion
`
`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: 15/699,091
`Art Unit: 2484
`
`Page 16
`
`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
`
`the organization where this application or proceeding is assigned i

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