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
`
`15/699,105
`
`09/08/2017
`
`Hiroshi YAHATA
`
`P53368
`
`1153
`
`06/24/2019
`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
`
`06/24/2019
`
`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.
`15/699,105
`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)
`
`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
`
`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 20190606
`
`

`

`Continuation Sheet (PTOL-326)
`
`Application No. 15/699,105
`
`Continuation of Attachment(s) 2) Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date: 10/02/2017, 10/24/2017, 02/15/2018, 09/06/2018, and 05/01/2019
`
`

`

`Application/Control Number: 15/699,105
`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 1-4 remain
`
`pending in the present application with claims 1, 2, 3 and 4 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: 15/699,105
`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.
`
`Claims 1 and 3 are rejected on the ground of nonstatutory double patenting
`
`as being unpatentable over claim 1 of U.S. copending Application No. 15/699,091
`
`(hereinafter “’9091”) in view of Newton et al. (US 20140125696 A1, hereinafter
`
`Newton).
`
`

`

`Application/Control Number: 15/699,105
`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 ‘9091
`
`A playback device that reads out and plays
`a content from a recording medium in which
`are recorded
`
`A non-transitory recording medium in which
`are recorded
`
`a video stream of standard-
`
`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-
`
`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-
`
`luminance range, and a subtitle stream of
`the hioh- luminance ranoe, and
`
`luminance range, and a subtitle stream of
`the hioh- luminance ranoe, and
`
`a playlist file storing playback control
`information of the content, and including a
`management region and an extended
`reoion,
`
`a playlist file storing playback control
`information of a content, and including a
`management region and an extended
`reoion,
`
`
`
`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 played in
`combination,
`
`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,
`wherein
`
`the extended region storing second
`playback control information specifying that
`the video stream of the standard-luminance
`
`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,
`
`range and the subtitle stream of the
`standard- luminance range are to be played
`in combination,
`wherein
`
`the playlist file further includes a
`the playlist file further including a
`sub-playlist region storing the playback
`sub-playlist region storing the playback
`control information relating to a sub-stream
`control information relating to a sub-stream
`played at the same time with the video
`played at the same time with the video
`stream of the hioh- luminance ranoe, and
`stream of the hioh- luminance ranoe, and
`— wherein
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 5
`
`third playback control information
`relating to an enhanced video stream for
`extending the luminance range of the video
`stream of the high-luminance range being
`stored in the sub-ola list reoion,
`
`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.
`
`been extended beyond the high-luminance
`
`the playback device comprising:
`a video player that reads out and
`plays the video stream of the high-
`luminance range and the subtitle stream of
`the high-luminance range, based on the
`first playback control information, and also
`reads out and plays the enhanced video
`stream based on the third playback control
`information, in a case of playing the content
`as a content of a luminance range that has
`
`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 ‘9091.
`
`However, claim 1 of ‘9091 fails to teach the playback device comprising: a video
`
`player that reads out and plays the video stream of the high-luminance range and the
`
`subtitle stream of the high-luminance range, based on the first playback control
`
`information, and also reads out and plays the enhanced video stream based on the third
`
`playback control information, in a case of playing the content as a content of a
`
`luminance range that has been extended beyond the high-luminance range.
`
`Newton from the same or similar fields of endeavor discloses the playback
`
`device comprising:
`
`a video player that reads out and plays the video stream of the high-luminance
`
`range and the subtitle stream of the high-luminance range, based on the first playback
`
`control information (see Newton, paragraph [0091]: “a BD player, receives an input
`
`stream of video information, e.g. a BB data stream 192 having both LDR video data and
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 6
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`HDR video data. The mode controller provides, to the extra graphics processor, mode
`
`data 153 indicative of the display mode being any one of a LDR display mode and a
`
`HDR display mode.
`
`The mode controller also controls selection of either a LDR
`
`decoder 194 or a HDR decoder 199 for decoding the respective LDR video data stream
`
`or HDR video data stream via a video stream selection signal”) and (see Newton,
`
`paragraphs [0093]-[OO95]: “the video signal is for transferring video information to the
`
`video processing device, the video information comprising low dynamic range [LDR]
`
`video data and/or high dynamic range [HDR] video data, and the video signal
`
`comprising both LDR graphics data and HDR graphics data comprised in the video
`
`information... the subtitle graphics data, and other graphics data like interactive
`
`graphics applications, may be included in said two versions in the video signal”), and
`
`also reads out and plays the enhanced video stream based on the third playback control
`
`information, in a case of playing the content as a content of a luminance range that has
`
`been extended beyond the high-luminance range (see Newton [0028]: “the video
`
`processor is arranged for setting the specific display mode in dependence of dynamic
`
`range information included in the video information, indicative of a dynamic range of the
`
`video information. Advantageously, the processing may be adapted automatically to the
`
`received video information”).
`
`The motivation for doing so would ensure the system to have the ability to use
`
`the playback method disclosed in Newton to have two separate versions of graphics
`
`data respectively for a low or standard luminance display mode and for a high
`
`luminance display mode and to enable a reproducing device to fully control the graphic
`
`function to select either the low or standard luminance version or the high luminance
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 7
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`version to playback thus a video player can read out and play the video stream of the
`
`high-luminance range and the subtitle stream of the high-luminance range based on the
`
`first playback control information in a case of playing the content as a content of the
`
`high-luminance range and can read out and play the video stream of the standard-
`
`luminance range and the subtitle stream of the standard-luminance range based on the
`
`second playback control information in a case of playing the content as a content of the
`
`standard-luminance range so that user can selectively playback video streams in
`
`accordance with a playback devices, a subtitle stream of the standard-luminance range,
`
`and a subtitle stream of the high-luminance range, which are used selectively in
`
`accordance with the playback environment.
`
`Claim 3 is rejected on the ground of nonstatutory double patenting for the same
`
`reasons as discussed in claim 1 above.
`
`6.
`
`Claims 2 and 4 are rejected on the ground of nonstatutory double patenting
`
`as being unpatentable over claim 1 of U.S. allowed Application No. 15/699,068
`
`(hereinafter “’9068”) in view of Ogawa et al. (US 20130279883 A1, hereinafter
`
`Ogawa) and further in view of Newton.
`
`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.
`
`7.
`
`Regarding claim 2 of this application:
`
`Claim 2 of this ao olication
`
`Claim 1 of ‘9068
`
`A playback device that reads out and plays
`a content from a recording medium in which
`is recorded
`
`A non-transitory recording medium in which
`are recorded
`
`ranoe, and a video stream of hioh-
`
`a video stream of standard-luminance
`
`a video stream of standard-luminance
`
`ranoe, and a video stream of hioh-
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 8
`
`luminance range that is a broader
`luminance range than the standard-
`luminance ranoe,
`a subtitle stream of the standard-luminance
`
`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 high-
`luminance ranoe, and
`
`range, and a subtitle stream of the high-
`luminance ranoe, and
`
`a playlist file storing playback control
`information of the content, and including a
`management region and an extended
`reoion,
`
`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 played in
`combination,
`
`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 played in
`combination,
`wherein
`
`the extended region storing second
`playback control information specifying that
`the video stream of the standard-luminance
`
`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,
`
`the recording medium further having
`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 picture included
`in a video stream,
`
`the map region storing 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 high-luminance
`
`range and the subtitle stream of the
`standard- luminance range are to be played
`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 picture 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 high-luminance
`ranoe, and
`wherein
`
`the extended map region stores second
`the extended map region storing second
`map information indicating a position, in the map information indicating a position, in the
`video stream of the standard-luminance
`video stream of the standard-luminance
`
`range, of an independently decodable
`picture included in the video stream of the
`standard-luminance ranoe,
`
`range, of an independently decodable
`picture included in the video stream of the
`standard-luminance ranoe.
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`the playlist file further including 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 hioh- luminance ranoe,
`
`been extended beyond the high- luminance
`
`third playback control information relating to
`an enhanced video stream for extending
`the luminance range of the video stream of
`the high-luminance range being stored in
`the sub-ola list reoion, and
`
`the map region storing 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,
`
`the playback device comprising: a video
`player that reads out and plays the video
`stream of the high-luminance range and the
`subtitle stream of the high-luminance
`range, based on the first playback control
`information and the first map information,
`and also reads out and plays the enhanced
`video stream based on the third playback
`control information and the third map
`information, in a case of playing the content
`as a content of a luminance range that has
`
`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 the playlist file further including 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, third playback
`
`control information relating to an enhanced video stream for extending the luminance
`
`range of the video stream of the high-luminance range being stored in the sub-playlist
`
`region, and the map region storing the first map information, and third map information
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 10
`
`indicating a position, in the enhanced video stream, of an independently decodable
`
`picture included in the enhanced video stream, the playback device comprising: a video
`
`player that reads out and plays the video stream of the high-luminance range and the
`
`subtitle stream of the high-luminance range, based on the first playback control
`
`information and the first map information, and also reads out and plays the enhanced
`
`video stream based on the third playback control information and the third map
`
`information, in a case of playing the content as a content of a luminance range that has
`
`been extended beyond the high- luminance range.
`
`Ogawa from the same or similar fields of endeavor discloses the playlist file
`
`further including 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”),
`
`third playback control information relating to an enhanced video stream for
`
`extending the luminance range of the video stream of the high-luminance range being
`
`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
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 11
`
`frame included in the primary video stream 301 in the main TS to a 4K2K video frame”),
`
`and
`
`the map region storing 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=360000 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”).
`
`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,
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 12
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`and thereby play the video stream of high-luminance range and the enhanced stream at
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`the same time.
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`Regarding claim 2, the combination teachings of claim 1 of ‘9068 and Ogawa as
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`discussed above disclose all the claimed limitations with the exceptions of the playback
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`device comprising: a video player that reads out and plays the video stream of the high-
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`luminance range and the subtitle stream of the high-luminance range, based on the first
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`playback control information and the first map information, and also reads out and plays
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`the enhanced video stream based on the third playback control information and the third
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`map information, in a case of playing the content as a content of a luminance range that
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`has been extended beyond the high- luminance range.
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`Newton from the same or similar fields of endeavor discloses the playback
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`device comprising: a video player that reads out and plays the video stream of the high-
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`luminance range and the subtitle stream of the high-luminance range, based on the first
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`playback control information and the first map information (see Newton, paragraph
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`[0091]: “a BD player, receives an input stream of video information, e.g. a BB data
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`stream 192 having both LDR video data and HDR video data. The mode controller
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`provides, to the extra graphics processor, mode data 153 indicative of the display mode
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`being any one of a LDR display mode and a HDR display mode.
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`The mode controller
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`also controls selection of either a LDR decoder 194 or a HDR decoder 199 for decoding
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`the respective LDR video data stream or HDR video data stream via a video stream
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`selection signal”) and (see Newton, paragraphs [0093]—[OO95]: “the video signal is for
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`transferring video information to the video processing device, the video information
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`comprising low dynamic range [LDR] video data and/or high dynamic range [HDR] video
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`

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`Application/Control Number: 15/699,105
`Art Unit: 2484
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`Page 13
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`data, and the video signal comprising both LDR graphics data and HDR graphics data
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`comprised in the video information... the subtitle graphics data, and other graphics data
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`like interactive graphics applications, may be included in said two versions in the video
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`signal”), and also reads out and plays the enhanced video stream based on the third
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`playback control information and the third map information, in a case of playing the
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`content as a content of a luminance range that has been extended beyond the high-
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`luminance range (see Newton [0028]: “the video processor is arranged for setting the
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`specific display mode in dependence of dynamic range information included in the video
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`information, indicative of a dynamic range of the video information. Advantageously, the
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`processing may be adapted automatically to the received video information”).
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`The motivation for doing so would ensure the system to have the ability to use
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`the playback method disclosed in Newton to have different versions of graphics data
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`respectively for a low or standard luminance display mode; for a high luminance display
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`mode or for any dynamic luminance range to enable a reproducing device to fully
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`control the graphic function to select from the low or standard luminance version or the
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`high luminance version or any dynamic luminance range to playback thus a video player
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`can read out and play the video stream of the high-luminance range and the subtitle
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`stream of the high-luminance range based on the first playback control information in a
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`case of playing the content as a content of the high-luminance range; can read out and
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`play the video stream of the standard-luminance range and the subtitle stream of the
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`standard-luminance range based on the second playback control information in a case
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`of playing the content as a content of the standard-luminance range and can read out
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`and play the video stream of the extended beyond the high-luminance range based on
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`

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`Application/Control Number: 15/699,105
`Art Unit: 2484
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`Page 14
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`the third playback control information in a case of playing the content as a content of the
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`dynamic range so that user can selectively playback video streams in accordance with a
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`playback devices, a subtitle stream of the standard-luminance range, a subtitle stream
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`of the high-luminance range, which are used selectively in accordance with the
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`playback environment or adapted automatically to the received video information when
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`the video stream of the extended beyond the high-luminance range.
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`Claim 4 is rejected on the ground of nonstatutory double patenting for the same
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`reasons as discussed in claim 2 above.
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`Claim Rejections - 35 USC § 103
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`8.
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`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:
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`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.
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`9.
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`Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over
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`Newton in view of Ogawa.
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`Application/Control Number: 15/699,105
`Art Unit: 2484
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`Page 15
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`Regarding claim 1, Newton discloses a playback device that reads out and
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`plays a content from a recording medium in which are recorded
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`a video stream of standard-luminance range, and a video stream of high-
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`luminance range that is a broader luminance range than the standard-luminance range
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`(see Newton, paragraph [0070]: “One graphics stream is provided for LDR and the other
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`one has at least substantially the same contents but is adapted for HDR. A HDR
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`graphics indication may be provided in an attribute of the graphics stream. A linking
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`mechanism between the LDR graphics stream and the corresponding HDR graphics
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`stream may be provided to indicate which graphics stream is the HDR graphics stream
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`corresponding to a particular LDR graphics stream, for example a pointer. The HDR
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`version indication may be included in extension data of e.g. a PlayList file and may
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`contain a link to the corresponding LDR version. Hence the reproducing device is
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`enabled to select the respective one of both streams”),
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`a subtitle stream of the standard-luminance range, and a subtitle stream of the
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`high- luminance range (see Newton, paragraph [0045]: “It is described to adjust the
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`processing of graphics like subtitles or pop-up menus depending on the type of video
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`being displayed (LDR or HDR video)”), and
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`the management region storing first playback control information specifying that
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`the video stream of the high-luminance range and the subtitle stream of the high-
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`luminance range are to be played in combination (see Newton, paragraph [0025]: “the
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`graphics processing control data comprises a subtitle process descriptor defining a
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`HDR processing i