www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/859,646
`
`04/27/2020
`
`Hiroshi YAHATA
`
`P60273
`
`8428
`
`125331
`
`7590
`
`10/18/2021
`
`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
`
`10/18/2021
`
`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):
`
`gbpatent @ gbpatent.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-4 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-4 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible 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 PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J accepted or b)() 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)[M) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.2 Certified copies of the priority documents have been received.
`2.{¥} Certified copies of the priority documents have beenreceived in Application No. 15/699, 105.
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210930
`
`Application No.
`Applicant(s)
`16/859,646
`YAHATAetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`NIENRU YANG
`2484
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 24 June 2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA 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.
`
`Continued Examination Under 37 CFR 1.114
`
`1.
`
`A requestfor continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), wasfiled in this application after final rejection. Since this
`
`application is eligible for continued examination under 37 CFR 1.114, and the fee set
`
`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
`
`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
`
`06/24/2021 has been entered.
`
`Preliminary Remarks
`
`2.
`
`This is a reply to the argumentsfiled on 06/24/2021, in which, claims 1-2 have
`
`been amended; and claims 3-4 have been added. Claims 1-4 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 mostbroadly and appropriately apply to any
`
`particular anticipated claim amendments.
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 3
`
`Responseto Arguments
`
`3.
`
`Applicant's arguments with respect to claim 1 have been considered but are not
`
`persuasive.
`
`On pages 6-9, Applicant argues that “Applicant respectfully submits that any
`
`proper combination of NEWTON and KUNKEL fails to render obvious at least such
`
`features of amended independent claim 1, as recited by the claimed combination, of.
`
`acquiring the first management information and the second managementinformation
`
`that store the first playback control information and the second playback control
`
`information, respectively. Instead, as previously discussed, NEWTONdiscloses a
`
`device for processing video information in which a display signal for display ina LDR
`
`display mode or an HDR display mode maybe generated. (See, e.g., NEWTON at
`
`Abstract). Specifically, in the HDR display mode, the device retrieves a stream of HDR
`
`graphics data and overlays such graphics data. (See, e.g., NEWTONat[0022]). In this
`
`regard, as NEWTON merely processesvideo data for display in one of two modes, it is
`
`submitted that NEWTON fails to disclose the above-mentioned feature of amended
`
`independent claim 1 relating to the acquiring ...
`
`it is again submitted that KUNKEL fails
`
`to cure the deficiencies of NEWTON ... Accordingly, KUNKEL also merely processes a
`
`video signal and would not appear to acquire first management information that stores
`
`first playback control information and second management information that stores
`
`second playbackcontrol information, as recited by the claimed combination of amended
`
`independentclaim 1
`
`... the image data of KUNKEL surely would not include anyfirst
`
`management information and second management information as recited by amended
`
`independent claim 1
`
`... KUNKEL is completely silent about the data structure of
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 4
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`amended independent claim 1
`
`in which the management information acquirer acquires
`
`first management information and second management information that storefirst
`
`playback control information and second playback control information, respectively.”
`
`In response, Examiner respectfully disagrees. Examiner respectfully submits that
`
`Newton does disclose the newly addedclaim limitation to allow either video streams
`
`specified in the first playback control information or video streams specified in the
`
`second playbackcontrol information are played (see Newton, paragraph [0070]: “a set
`
`of two different graphics streams is defined. One graphics stream is provided for LDR
`
`and the other one has at least substantially the same contents but is adapted for HDR”
`
`and paragraphs [0093]-[0095]: “Having two separate streams of graphics data,
`
`respectively for the LDR display mode and the HDR display mode, advantageously
`
`enables the sourceof the video to fully control the graphics functions for both display
`
`modes separately...
`
`In periods having said two versions of graphics data the
`
`reproducing device will select either the LDR version or HDR version depending on the
`
`display mode”). Newton does not only processvide data for display in one of the two
`
`modes, but also process audio data (see Newton, paragraph [0044]: “Distribution of
`
`audio video (A/V) content is described in several standards”). Therefore, Applicant's
`
`arguments are not persuasive in view of the combination of Kunkel and Newton
`
`described in the Office Action.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103)is incorrect, any
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 5
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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
`
`the same under either status.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections 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 thistitle, if the differences
`between the claimed invention andthe prior art are such that the claimed invention as a whole
`would have been obvious before the effectivefiling date of the claimed invention to a person
`having ordinary skill in the art to which the claimed invention pertains. Patentability shall not
`be negated by the manner in which the invention was made.
`
`5.
`
`Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Newton et al. (US 20140125696 A1, hereinafter referred to as “Newton”) in view of
`
`Kunkel (US 20140232614 A1, hereinafter referred to as “Kunkel”).
`
`Regarding claim 1, Newton discloses a playback device that plays a content, the
`
`playback device comprising:
`
`[first management information and second management information] that store
`
`first playback control information and second playback control information, respectively
`
`(see Newton, paragraph [0070]: “a set of two different graphics streams is defined. One
`
`graphics stream is provided for LDR and the other one has at least substantially the
`
`same contents but is adapted for HDR’, and paragraphs [0093]-[0095]: “Having two
`
`separate streams of graphics data, respectively for the LDR display mode and the HDR
`
`display mode, advantageously enables the source of the video to fully control the
`
`graphics functions for both display modes separately...
`
`In periods having said two
`
`versions of graphics data the reproducing device will select either the LDR version or
`
`HDR version depending on the display mode’);
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 6
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`the first playback control information, specifying that i) a video stream of a high-
`
`luminance range which is a broader luminance range than a 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
`
`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 ii) a subtitle stream of the
`
`high-luminance range are to be played in combination, is stored in the first management
`
`information (see Newton, paragraph [0045]: “It is described to adjust the processing of
`
`graphicslike subtitles or pop-up menus depending on the type of video being displayed
`
`(LDR or HDR video)”),
`
`the second playback control information, specifying that i) a video stream of the
`
`standard-luminance range (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 to be noted that
`
`the original palettes (now called LDR palettes) are provided in other segments as
`
`defined in the BD standard”) and ii) a subtitle stream of the standard-luminance range
`
`are to be played in combination, is stored in the second management information (see
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 7
`
`Newton, paragraph [0045]: “It is described to adjust the processing of graphicslike
`
`subtitles or pop-up menus depending on the type of video being displayed (LDR or HDR
`
`video)”),
`
`the video player acquires and plays the video stream of the high-luminance
`
`range and the subtitle stream of the high-luminance range basedon the first playback
`
`control information in a case of playing the content as the high-luminance range (see
`
`Newton, paragraph [0091]: “a BD player, receives an input stream of video information,
`
`e.g. a BD 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 viaa
`
`video stream selection signal”) and (see Newton, paragraphs [0093]-[0095]: “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 comprisedin the video information... the subtitle graphics data, and other
`
`graphics data like interactive graphics applications, may beincluded in said two
`
`versions in the video signal’), and
`
`the video player acquires and plays the video stream of the standard-luminance
`
`range and the subtitle stream of the standard-luminance range based on the second
`
`playbackcontrol information in a case of playing the content as the standard-luminance
`
`range (see Newton, paragraph [0091]: “a BD player, receives an input stream of video
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 8
`
`information, e.g. a BD 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 ora
`
`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]-
`
`[0095]: “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 comprisedin the video information... the subtitle
`
`graphics data, and other graphics datalike interactive graphics applications, may be
`
`included in said two versions in the video signal’).
`
`Regarding claim 1, Newton discloses all the claimed limitations with the
`
`exception of a playback device that plays a content, the playback device comprising: a
`
`management information acquirer; and a video player, wherein the management
`
`information acquirer acquires first management information and second management
`
`information.
`
`Kunkel from the same or similar fields of endeavor discloses a playback device
`
`that plays a content, the playback device comprising:
`
`a management information acquirer (see Kunkel, paragraph [0011]: “display
`
`management module capable of accepting image data to be rendered upon said
`
`primary display”); and
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 9
`
`a video player (see Kunkel, paragraph [0031]: “the video stream may be a HDR,
`
`EDR and/or VDR data/metadata stream and, as such, some portion of the video
`
`processing system may affect HDR, EDR and/or VDR image/video processing’),
`
`wherein the management information acquirer acquires first management
`
`information and second management information (see Kunkel, paragraph [001 1]:
`
`“display management module capable of accepting image data to be rendered upon
`
`said primary display and capable of accepting image data to be rendered upon said
`
`secondary display; and wherein further said display management module is capable of
`
`dynamically calculating an adjustment of rendering said image data upon one of a
`
`group, said group comprising said primary display and said secondary display”).
`
`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 Kunkel with the
`
`teachings as in Newton. The motivation for doing so would ensure the system to have
`
`the ability to use the display management module disclosed in Kunkel to accept image
`
`data to be rendered; to dynamically calculate an adjustment of rendering the image data
`
`upon primary display and secondary display and to processdisplay of different dynamic
`
`range of video streams thus comprising a management information acquirer and a video
`
`player wherein the management information acquirer acquires first management
`
`information and second management information that are playback control information
`
`of the video content so that the playback device can play video streams of the standard-
`
`luminance range by about the same processing as video streams of the high-luminance
`
`range.
`
`Claim 2 is rejected for the same reasons as discussed in claim 1 above.
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 10
`
`Regarding claim 3, the combination teachings of Newton and Kunkel as
`
`discussed above also disclose the playback device according to claim 1, wherein the
`
`first playback control information further specifies that a first audio stream is to be
`
`played in combination with the video stream of the high-luminance range and the
`
`subtitle stream of the high-luminance range, and the second playbackcontrol
`
`information further specifies that a second audio stream is to be played in combination
`
`with the video stream of the standard-luminance range and the subtitle stream of the
`
`standard-luminance range (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 to be noted that
`
`the original palettes (now called LDR palettes) are provided in other segments as
`
`defined in the BD standard” and paragraph [0044]: “Distribution of audio video (A/V)
`
`content is described in several standards’).
`
`The motivation for combining the references has been discussedin claim 1
`
`above.
`
`Claim 4 is rejected for the same reasons as discussed in claim 3 above.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to NIENRU YANG whosetelephone number is (571)272-
`
`4212. The examiner can normally be reached on Monday- Friday 10 AM- 6 PMEST.
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 11
`
`Examiner interviews are available via telephone, in-person, and video
`
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`
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`
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`
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`
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`
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`
`NIENRU YANG
`Examiner
`
`Art Unit 2484
`
`/NIENRU YANG/
`Examiner, Art Unit 2484
`
`/THAI Q TRAN/
`Supervisory Patent Examiner, Art Unit 2484
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 12
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`