Ex Parte Kang et alDownload PDFPatent Trial and Appeal BoardMar 15, 201612551695 (P.T.A.B. Mar. 15, 2016) Copy Citation 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. } \ :tl 1.· ~j' !') ,, .. ,._,,,,,_,i,l-,li:t : ~ ~~ '\lh'>) ~ ~~~&.N .... ~ DV:O~V~OEO ' ::iia'•"ock 'YOOf ~:- .X~U:t·~l;.,·~ •. F!G. 5 HD Vm'et! {VOS!} {VOS5) v~t13n .aut.i-0 ~ ~~1~11-0n u~ S:i~ atm!t~ mum.·¥~mv da~a ~ wn¥~tt1i ~1!tic ~1*ili~Wss .angfo Copy with citationCopy as parenthetical citation