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
`
`11/16/2020
`
`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
`
`11/16/2020
`
`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*
`1-2 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-2 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) 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)C The specification is objected to by the Examiner.
`11){¥} The drawing(s) filed on 27 April 2020 is/are: a)(¥} accepted or b){j 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:
`cc) None ofthe:
`b)LJ Some**
`a)Y) All
`1.2 Certified copies of the priority documents have been received.
`2.{¥v} 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 05/05/2020.
`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 20201030
`
`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 27 April 2020.
`CO) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) 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\(Z 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.
`
`Preliminary Remarks
`
`1.
`
`This is a reply to the application filed on 04/27/2020, in which, claims 1-2 remain
`
`pending in the present application with claims 1 and 2 being independent claims.
`
`When making claim amendments, the applicant is encouraged to consider the
`
`references in their entireties, including those portions that have not been cited by the
`
`examiner and their equivalents as they may mostbroadly and appropriately apply to any
`
`particular anticipated claim amendments.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statement (IDS) submitted on May 05, 2020is in
`
`compliance with the provisions of 37 CFR 1.97 and is being considered by the
`
`Examiner.
`
`Double Patenting
`
`3.
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine groundedin 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-
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 3
`
`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 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 timelyfiled 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 nonstatutory
`
`double patenting provided the reference application or patent either is shown to be
`
`commonly owned with the examined application, or claims an invention made as a
`
`result of activities undertaken within the scope of a joint research agreement. See
`
`MPEP § 717.02 for applications subject to examination under the first inventor to file
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(I)(1) -
`
`706.02(l)(3) for applications not subject to examination under the first inventor to file
`
`provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR
`
`1.321(b).
`
`The USPTOInternet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application
`
`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
`
`PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 4
`
`befilled out completely online using web-screens. An eTerminal Disclaimer that meets
`
`all requirements is auto-processed and approved immediately upon submission. For
`
`more information about eTerminal Disclaimers, refer to
`
`
`
`4.
`
`Claims 1 and 2 are rejected on the ground of nonstatutory double patenting
`
`as being unpatentable over claim 1 of U.S. Patent No. US 10,026,440 B2
`
`(hereinafter “’6440”) in view of Kunkel (US 20140232614 A1, hereinafter Kunkel).
`
`Regarding claim 1 of this application,
`
`Claim 1 of this application
`A playback device that plays a
`content, the playback device comprising:
`
`Claim 1 of 6440
`
`A Paypackdevice thatr
`plays@aL contentitYs
`ohn
`
`nos
`
`first 5playback control information,
`specifying that i) a video stream of a high-
`luminance range which is a broader
`luminance range than a standard-
`luminance range and
`il) a Subtitle stream of the high-
`luminance range are to be played in
`combination, is stored in the first
`management information,
`
`second playbackcontrol information,
`specifying that i) a video stream of the
`standard- luminance range and Ii) a subtitle
`
`standard-luminance range and the subtitle
`
`ga video $stream of
`ng
`2
`i
`high--luminance rangee
`that iis a broader
`luminance range than the standard-
`luminance range;
`a subtitle stream of the standard-
`luminance range, and a subtitle stream of
`the high- luminance range;
`the management region storing first
`playbackcontrol information specifying that
`the video stream of the high-luminance
`range and the subtitle stream of the high-
`luminance range are to be playedin
`combination
`the extended regian storing
`
`second playback control information
`specifying that the video stream of the
`
`

`

`he secand mM S
`
`stream of the standard-luminance range
`
`are to be prayed in combination,is stored in
`
`the second ms
`
`OY
`
`the video player acainres and plays
`the video stream of the high-luminance
`range and the subtitle stream of the high-
`luminance range based on the first
`playbackcontrol information in a case of
`playing the content as the high-luminance
`range, and
`
`the video player acaiures 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.
`
`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 5
`
`stream of the standard-luminance range
`are to be played in combination
`
`the nlayback device comprising:
`
`a video player that reads aut and
`plays the video stream of the high-
`luminance range and the subtitle stream of
`the high-luminance range, based on| the
`first playpackcontrol information and
`ihe
`nag bvom
`, Ina case of alaying
`thecontent:as a contentof the high-
`luminance Férange
`reads
`aut and plays the video stream
`of the standard.luminance range and the
`
`subtitle stream of the standard-luminance
`
`control information a
`
`range, based on the second playback
`infarmation, in acase5 of playing the content
`
`Say oes
`
`ys meg
`
`as a contentof the standard-luminance
`
`Regarding claim 1 of this application, claim 1 of ’6440 disclosesall the subject
`
`matter of the claimed invention with the exceptions of a playback device that plays a
`
`content, the playback device comprising: a managementinformation acquirer; and a
`
`video player, wherein the management information acquirer acquires first management
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 6
`
`information and second management information that are playback control information
`
`of the content.
`
`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
`
`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 that are playback control information
`
`of the content (see Kunkel, paragraph [0011]: “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 secondarydisplay”).
`
`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 claim 1 of 6440. 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
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 7
`
`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.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103)is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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.
`
`6.
`
`Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Newton et al. (US 20140125696 A1, hereinafter Newton) in view of Kunkel (US
`
`20140232614 A1, hereinafter Kunkel).
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 8
`
`Regarding claim 1, Newton discloses a playback device that plays a content, the
`
`playback device comprising:
`
`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 il) 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)’),
`
`second playbackcontrol 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
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 9
`
`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
`
`Newton, paragraph [0045]: “It is described to adjust the processing of graphics like
`
`subtitles or pop-up menus depending on the type of video being displayed (LDR or HDR
`
`video)”),
`
`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 via a
`
`video stream selection signal”) and (see Newton, paragraphs [0093]-[0095]: “the video
`
`signalis 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 be included 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
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 10
`
`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
`
`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 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’).
`
`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 that are playback control information of the content.
`
`Kunkel from the same or similar fields of endeavor discloses a playback device
`
`that plays a content, the playback device comprising:
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 11
`
`a management information acquirer (see Kunkel, paragraph [0011]: “display
`
`management module capable of accepting image data to be rendered upon said
`
`primary display”); and
`
`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 that are playback control information
`
`of the content (see Kunkel, paragraph [0011]: “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 secondarydisplay”).
`
`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
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 12
`
`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.
`
`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.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, THAI TRAN can be reached on 571-272-7382. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on accessto the Private
`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197(toll-free).
`
`

`

`Application/Control Number: 16/859,646
`Art Unit: 2484
`
`Page 13
`
`If you would like assistance from a USPTO Customer Service Representative or access
`
`to the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-
`
`272-1000.
`
`NIENRU YANG
`Examiner
`
`Art Unit 2484
`
`/NIENRU YANG/
`Examiner, Art Unit 2484
`
`/THAI Q TRAN/
`Supervisory Patent Examiner, Art Unit 2484
`
`