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
`
`10/18/2019
`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
`
`10/18/2019
`
`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 24 September 2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) 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) 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 20191002
`
`

`

`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.
`
`Status of the Claims
`
`1.
`
`This is a reply to the amendments filed on 09/24/2019, in which, claims 5 and 6
`
`are added. Claims 1-6 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.
`
`Response to Arguments
`
`2.
`
`Applicant's arguments filed on 09/24/2019 with respect to claims 1-4 have been
`
`considered but are not persuasive.
`
`On pages 12-14, Applicant argues that “Applicant respectfully disagrees and
`
`submits that OGAWA fails to disclose or teach third playback control information for
`
`extending the luminance range of the video stream of the high-luminance range; and
`
`also submits that OGAWA fails to disclose or teach first and second playback control
`
`information as recited by independent claims 1 and 3, to the extent it is being relied
`
`upon to teach such features. First, [0314]-[0316] and [0125] of OGAWA may disclose a
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
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`Page 3
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`sub-playlist region (sub-path) to register the extended stream, which includes resolution
`
`extension information 331 necessary for extending each full HD video frame included in
`
`the primary video stream 301 in the main TS to a 4K3K video frame. In this regard, the
`
`“extended stream” in Ogawa extends resolution of the video stream. On the contrary,
`
`the third playback control information of independent claims 1 and 3 relates to an
`
`“enhanced video stream” that extends the luminance range of the video stream. In other
`
`words, OGAWA targets 2D, 3D, or 2D extension of resolution and is completely silent
`
`about extension of a luminance range. As a result, it is submitted that OGAWA fails to
`
`cure the acknowledged deficiencies of NEWTON with respect to above-mentioned
`
`feature (1 ). Thus, even if the skilled artisan was to modify NEWTON in view of OGAWA
`
`as asserted, it is submitted that one would not arrive at above-mentioned feature (1) of
`
`independent claims 1 and 3, in which the third playback control information relates to an
`
`enhanced video stream for extending the luminance range of the video stream of the
`
`high-luminance range.”
`
`In response, upon further consideration, Examiner respectfully submits that
`
`Newton does disclose “third playback control information 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 eg. 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”). In addition, Examiner
`
`respectfully pointed out that instead of OGAWA, reference Newton was used to disclose
`
`or teach “first and second playback control information as recited by independent claims
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 4
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`1 and 3, to the extent it is being relied upon to teach such features”. Therefore, Newton
`
`meets the claimed limitations and the rejection is maintained.
`
`On pages 14-16, Applicant argues that “Additionally to the above, [0314]-[0316]
`
`of OGAWA reference the 2D playlist file 241 , which merely includes the main path 3001
`
`and the two sub-paths 3002 and 3003. (See, e.g.,OGAWA at FIG. 30.) The Office
`
`Action appears to interpret the main path 3001 and the two sub-paths 3002 and 3003 as
`
`relating to a management region and an extended region. In other words, the Office
`
`Action appears to be applying the main path 3001 as “the first playback control
`
`information” recited in independent claims 1 and 3 and the two sub-paths 3002 and
`
`3003 as “the second playback control information” of independent claims 1 and 3.
`
`OGAWA, however, discloses in [0316] that the 2D video stream of main path and other
`
`2D video stream of the two sub-paths are played back simultaneously...
`
`In contrast,
`
`according to independent claims 1 and 3, the first and second playback control
`
`information are not played simultaneously, but rather, are played
`
`individually/independently. For example, the first playback control information specifies
`
`that the video stream of the high-luminance range is to be played in combination with
`
`the subtitle stream of the high-luminance range, not with the video stream of the
`
`standard-luminance range. Thus, it is further submitted that the main path 3001 and the
`
`two sub-paths 3002 and 3003 of OGAWA may not be properly interpreted to disclose
`
`the first and second playback control information of independent claims 1 and 3, as
`
`recited by the claimed combinations. In this regard, OGAWA further appears to be silent
`
`as to any regions in which the main path 3001 and the two sub-paths 3002 and 3003
`
`

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`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 5
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`are stored (as generally will be discussed below with respect to above-mentioned
`
`features (3) and (4)).”
`
`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 of the base-view extents BSD in the stereoscopic video specific sections
`
`matches with the entirety of the base-view extents B2D 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 16, Applicant argues that “as generally mentioned above, OGAWA
`
`targets 2D, 3D, or 2D extension, but is completely silent regarding being applicable to
`
`standard-luminance range (e.g., SDR) and high-luminance range (e.g,HDR), which are
`
`recited in relation to the first and second playback control information of independent
`
`claims 1 and 3. Accordingly, to the extent that OGAWA is being relied upon, it is further
`
`submitted that OGAWA fails to cure the deficiencies of NEWTON with respect to above-
`
`mentioned feature (2).”
`
`In response, Examiner respectfully disagrees. OGAWA is not completely 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 pixel data included in the original 4K2K video frame. When pixel
`
`data is represented as YCer values, the pixel difference information 403 includes a
`
`

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`Application/Control Number: 15/699,105
`Art Unit: 2484
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`Page 6
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`difference Y_d in the luminance component Y, a difference Cr_d in the red-difference
`
`component Or, a difference Cb_d in the blue-difference component Cb, and a difference
`
`d_d in the opacity d”). Therefore, Ogawa meets the claimed limitations and the rejection
`
`is maintained.
`
`On pages 16-18, Applicant argues that “With respect to the above-mentioned
`
`second submission, it is asserted that NEWTON discloses above-mentioned features
`
`(3) and (4), relating to the management region (that stores the first playback control
`
`information) and the extended region (that stores the second playback control
`
`information). (See Office Action at page 15, line 18 to page 16, line 8). Applicant
`
`respectfully disagrees, and also again notes that OGAWA is silent as to any regions in
`
`which the main path 3001 and the two sub-paths 3002 and 3003 are stored. As a result,
`
`it is submitted that OGAWA may not be properly interpreted to cure any deficiencies of
`
`NEWTON in this regard.
`
`NEWTON does not appear to disclose any management
`
`region and extended region in which first and second playback control information,
`
`which 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
`
`claims 1 and 3. 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 [0072],
`
`NEWTON discloses, “the HDRProcessingdefmition segment contains two processing
`
`instructions: a Pop-up process descriptor 51 and a Subtitleprocess descriptor 52. The
`
`segment may also contain HDR palettes 53 to be used when display mode is HDR.
`
`It is
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 7
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`to be noted that the original 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 particularly relevant to the recited
`
`“management region” and “extended region” of independent claims 1 and 3 (which are
`
`each recited as being recorded in a recording medium), as such disclosures are silent
`
`as to any regions in which the data/information are stored. Absent an explicit
`
`identification of any disclosure of a management region and an extended region in
`
`NEWTON, Applicant respectfully submits that NEWTON may not be properly
`
`interpreted as disclosing the same. As a result, it is submitted that NEWTON fails to
`
`disclose above-mentioned features (3) and (4) of independent claims 1 and 3, and
`
`again submitted that OGAWA fails to cure any deficiencies of NEWTON in this regard.”
`
`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 that it does store HDR and SDR playback control
`
`information in different regions (see Newton, paragraphs [0065]—[0066]: “graphics
`
`segment consists of a segment descriptor and the segment data. The segment
`
`descriptor contains the type of the 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
`
`

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`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 8
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`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”).
`
`Therefore, Applicant's arguments are moot in view of the combination of Ogawa and
`
`Newton described in the Office Action.
`
`3.
`
`Regarding the nonstatutory double patenting rejections of claims 1, 2, 3, and 4,
`
`Applicant has not filed terminal disclaimers to overcome these rejections, and therefore
`
`the nonstatutory double patenting rejections are maintained.
`
`Double Parenting
`
`4.
`
`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
`
`identical, but at least one examined application claim is not patentably distinct from the
`
`reference claim(s) because the examined application claim is either anticipated by, or
`
`would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d
`
`1428, 46 USPQZd 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQZd
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 9
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`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).
`
`5.
`
`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).
`
`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.
`
`6.
`
`Regarding claim 1 of this application:
`
`Claim 1 of this a Iication
`
`Claim 1 of ‘9091
`
`A playback device that reads out and plays
`a content from a recording medium in which
`
`A non-transitory recording medium in which
`are recorded
`
`are recorded a video stream of standard-
`
`Iuminance ranoe, and a video stream of
`
`luminance ranoe, and a video stream of
`
`a video stream of standard-
`
`

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`Application/Control Number: 15/699,105
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`
`Page 10
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`high-luminance range that is a broader
`luminance range than the standard-
`luminance ranoe,
`a subtitle stream of the standard-
`
`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
`
`stored in the sub-ola list reoion.
`
`range and the subtitle stream of the
`standard- luminance range are to be played
`in combination,
`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 hioh- 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
`
`range and the subtitle stream of the
`standard-luminance range are to be played
`in combination,
`
`the playlist file further including 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 hioh- luminance ranoe, and
`
`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,
`
`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 ranoe that has
`
`

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`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`been extended beyond the high-luminance
`ranoe.
`
`Page 11
`
`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
`
`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]
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 12
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`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
`
`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
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 13
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`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.
`
`7.
`
`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.
`
`8.
`
`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
`
`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-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 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,
`
`a playlist file storing playback control
`information of a content, and including a
`management region and an extended
`reoion,
`wherein
`
`the management region storing first
`playback control information specifying that
`the video stream of the hioh-luminance
`
`the management region stores first
`playback control information specifying that
`the video stream of the hioh-luminance
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`range and the subtitle stream of the high-
`luminance range are to be played in
`combination,
`
`Page 14
`
`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 storing second
`map information indicating a position, in the
`video stream of the standard-luminance
`
`the extended map region stores second
`map information indicating a position, in the
`video stream of the standard-luminance
`
`standard-luminance ranoe.
`
`range, of an independently decodable
`picture included in the video stream of the
`
`range, of an independently decodable
`picture included in the video stream of the
`standard-luminance ranoe,
`
`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,
`
`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 indeoendentl decodable
`
`

`

`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 15
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`picture included in the enhanced video
`stream,
`
`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 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
`
`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
`
`

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`Application/Control Number: 15/699,105
`Art Unit: 2484
`
`Page 16
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`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 disclose