Ex Parte Kang et al

Patent Trial and Appeal Board

Mar 15, 2016

12551695 (P.T.A.B. Mar. 15, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/551,695 0910112009
89980 7590 03/17/2016
NSIPLAW
P.O. Box 65745
Washington, DC 20035
FIRST NAMED INVENTOR
Man-seok Kang
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
011001.0355 3168
EXAMINER
TRAN,LOIH
ART UNIT PAPER NUMBER
2484
NOTIFICATION DATE DELIVERY MODE
03/17/2016 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):
pto@nsiplaw.com
pto.nsip@gmail.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte MAN-SEOK KANG, SUNG-RYEUL RHYU, and
DAE-JONG LEE
Appeal2013-006558
Application 12/551,695
Technology Center 2400
Before DAVID M. KOHUT, JEREMY J. CURCURI, and, JENNIFER L.
McKEOWN, Administrative Patent Judges.
McKEOWN, Administrative Patent Judge.
DECISION ON APPEAL
Appellants appeal under 35 U.S.C. § 134(a) from the Examiner's
decision to reject claims 1-24 and 27. Claims 25 and 26 are cancelled. We
have jurisdiction under 35 U.S.C. § 6(b), and we affirm.
STATEMENT OF THE CASE
Appellants' invention is directed to "A content transmitting method
including: generating additional information regarding content including
audio/video (NV) data for multi-angle viewing, wherein the additional
information is to be used to record the content; and transmitting the content
and the additional information." Abstract.
Appeal2013-006558
Application 12/551,695
Claim 1 is illustrative:
1. (Previously Presented) A content transmitting method
of a content transmitting apparatus, the method comprising:
generating, by the content transmitting apparatus,
additional information regarding content including audio/video
(A/V) data for multi-angle viewing, wherein the additional
information is used to record the content and comprises
information related to the multi-angle viewing; and
transmitting, by the content transmitting apparatus, the
content and the additional information to a content recording
apparatus that records the content onto a storage medium
according to the additional information.
THE REJECTIONS
The Examiner rejected claims 1, 2, 6, 7, 12, 14, 15, 19, and 20 under
35 U.S.C. § 103(a) as unpatentable over Kikuchi (US 2006/0083485 Al;
Apr. 20, 2006). Ans. 2-8. 1
The Examiner rejected claims 3, 4, 8, 9, 11, 13, 16, 17, 21-24, and 27
under 35 U.S.C. § 103(a) as unpatentable over Kikuchi and Jung (US
2004/0174795 Al; Sept. 9, 2004). Ans. 2-8.
The Examiner rejected claims 5, 10, and 18 under 35 U.S.C. § 103(a)
as unpatentable over Kikuchi and Ikeda (US 2007/0160346 Al; July 12,
2007). Ans. 2-8.
1 Throughout this opinion, we refer to ( 1) the Appeal Brief filed December
13, 2012 ("App. Br."); (2) the Examiner's Answer mailed February 19, 2013
("Ans."); and (3) the Reply Brief filed April 18, 2013 ("Reply Br.").
2
Appeal2013-006558
Application 12/551,695
THE OBVIOUSNESS REJECTION BASED ON KIKUCHI
Claims 1, 2, 6, 7, 12, 14, 15, 19, and 20
The Examiner finds that Kikuchi discloses the recited elements of
claim 1, except for "transmitting, by the content transmitting apparatus, the
content and the additional information to a content recording apparatus that
records the content onto a storage medium according to the additional
information." Ans. 2-3. The Examiner points out, though, that Kikuchi' s
background describes that video data with additional information is
transmitted to a recording apparatus for recording video data onto a DVD.
The Examiner, then, concludes that "it would have been obvious to one of
ordinary skill in the art to generate video picture data with multi-angle data
and transmit video data with additional information including multi-angle
data to a recording device for recording onto a storage medium to enhance
user's viewing experience." Ans. 3.
Appellants, on the other hand, contend that Kikuchi fails to teach
"generating, by the content transmitting apparatus, additional information
regarding content including audio/video (A/V) data for multi-angle
viewing, wherein the additional information is used to record the content
and comprises information related to the multi-angle viewing." App. Br.
13. Additionally, Appellants argue that Kikuchi fails to teach the recited
transmitting limitations. App. Br. 15-16
ISSUE
Under§ 103, has the Examiner erred in rejecting claim 1 by finding
that Kikuchi teaches the recited generating and transmitting limitations, as
recited in claim 1?
3
Appeal2013-006558
Application 12/551,695
ANALYSIS
Based on the record before us, we are not persuaded that the Examiner
erred in rejecting claims 1, 2, 6, 7, 12, 14, 15, 19, and 20 as unpatentable
over Kikuchi.
While Appellants admit that Kikuchi describes recording, in multi-
angle format, a digital stream signal including multi-view picture data,
Appellants maintain that Kikuchi' s process does not include "the generation
of additional information to record content including A/V data and
comprising information related to multi-angle viewing." App. Br. 13.
Further, Appellants contend
Other than simply explaining a case where multi-view data of a
TV broadcast is converted into multi-angle data and recording
the converted data, there is no teaching or suggestion in
Kikuchi of using additional information "to record the content
and comprises information related to the multi-angle viewing,"
as recited in independent claim 1.
Id. Appellants also emphasize that the recording must be "according to the
additional information." App. Br. 14.
We find Appellants' arguments unpersuasive. Namely, claim 1
merely requires that the additional information ( 1) is used to record the
content (i.e. that the content is recorded according to the additional
information) and (2) comprises information related to the multi-angle
viewing. A broad, but reasonably interpretation of the recited additional
information, would include, for example, the multi-viewing data included in
Kikuchi' s broadcast.
4
Appeal2013-006558
Application I2/55 I ,695
For example, as shown in Kikuchi's Figure 5 (reproduced below)
Kikuchi's broadcast data includes HD Video and additionally SD VI, SD
V2, and SD V3, which comprise additional information related to the multi-
angle viewing.
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