Ex Parte ITO

Patent Trial and Appeal Board

Jun 27, 2018

14548727 (P.T.A.B. Jun. 27, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR
14/548,727 11/20/2014
43076 7590 06/29/2018
MARK D. SARALINO (GENERAL)
RENNER, OTTO, BOISSELLE & SKLAR, LLP
1621 EUCLID A VENUE, NINETEENTH FLOOR
CLEVELAND, OH 44115-2191
Kazunari ITO
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.
ONKYP0206US 1044
EXAMINER
AUGUSTINE, NICHOLAS
ART UNIT PAPER NUMBER
2141
NOTIFICATION DATE DELIVERY MODE
06/29/2018 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):
ipdocket@rennerotto.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte KAZUNARI IT0 1
Appeal2017-010034
Application 14/548,727
Technology Center 2100
Before CARLA M. KRIVAK, HUNG H. BUI, and JON M. JURGOV AN,
Administrative Patent Judges.
KRIVAK, Administrative Patent Judge.
DECISION ON APPEAL
Appellant appeals under 35 U.S.C. § 134(a) from a Final Rejection of
claims 1, 3, and 4, which are all the claims pending in the application. We
have jurisdiction under 35 U.S.C. § 6(b ).
We reverse.
1 Appellant identifies the real party in interest as Onkyo Corporation (App.
Br. 1).
Appeal2017-010034
Application 14/548,727
STATEMENT OF THE CASE
Appellant's invention is directed to "a display device provided with a
display unit displaying information" and a processor that "determine[s] [the]
necessity to instruct [a] display processor to update the display of the
information" depending on "a first display mode in which [a] first
information [ e.g., track number and title] is displayed on the display unit and
a second display mode in which [a] second information [e.g., current
volume] is displayed on the display unit" (Spec. 1:6-7, 13:5---6 and 18-21,
20:18-22).
Independent claim 1, reproduced below, is illustrative of the claimed
subject matter:
1. A display device comprising:
a display unit that displays information;
an operation unit for receiving operation of an instruction
to update the information;
an information storage in which display information to
display the information is stored;
a display processor that causes the display unit to display
the information on a basis of the display information stored in
the information storage;
an operation processor that receives operation of the
operation unit and instructs to update the display information;
and
an information access processor that instructs the
information storage to update the display information, and
instructs the display processor to update the display of the
information, in case that the operation processor instructs to
update the display information, wherein
the information storage updates the display information
stored therein on the basis of the instruction to update the
display information by the information access processor,
the display processor causes the display unit to display
the information based on the display information updated by the
2
Appeal2017-010034
Application 14/548,727
information storage in case that the information access
processor instructs to update the display of the information,
the display unit displays the information including first
information and second information,
the operation unit includes a first operation unit for
receiving operation of an instruction to update the first
information;
the display information is stored in the information
storage, the display information including first display
information to display the first information, second display
information to display the second information, and third display
information, the third display information indicating one of a
first display mode in which the first information is displayed on
the display unit and a second display mode in which the second
information is displayed on the display unit,
the display processor causes the display unit to switch
and display the first information based on the first display
information and the second information based on the second
display information on the basis of the third display information
stored in the information storage,
the operation processor receives operation of the first
operation unit, and instructs the information storage to update
the first display information,
the information access processor instructs the
information storage to update the first display information, and
instructs the display processor to update the display of the
information, in case that the operation processor instructs to
update the first display information, and the third display
information stored in the information storage is the first display
mode, and does not instruct the display processor to update the
display of the information in case that the operation processor
instructs to update the first display information and the third
display information stored in the information storage is the
second display mode,
the information storage updates the first display
information stored therein on the basis of the instruction to
update the first display information by the information access
processor, and
3
Appeal2017-010034
Application 14/548,727
the display processor causes the display unit to display
the first information based on the first display information
updated by the information storage when the information access
processor instructs to update the display of the information.
REFERENCE and REJECTION2
The Examiner rejected claims 1, 3, and 4 under 35 U.S.C. § 103 based
upon the teachings ofYui (US 2005/0114901 Al; published May 26, 2005).
ANALYSIS
With respect to claim 1, the Examiner finds "the [ claimed]
information access processor is arbitrary" and is taught by Yui's
"information processor in a parent/child device" and Yui's "converter 36 of
figure 21 having MPU [microprocessor] 66 that processes signals coming
form[sic] set top box" (Ans. 2, 4). The Examiner also finds Yui's "multiple
information feeds being displayed on a user interface" in Figures 8A-8D
teach the claimed "first display information to display the first information"
and "second display information to display the second information" (Ans. 4
2 Appellant additionally argues "[t]he finality of the latest Office Action
was improper since the applicant did not submit amendments that
necessitated the Examiner's reformulation of his original rejection under
35 USC §102 to a rejection under 35 USC §103" (Reply Br. 2 (emphasis
omitted); see also App. Br. 8). Challenging the finality of an Office Action,
however, is a petitionable matter. See 3 7 C.F .R. § 1.181; see also
MPEP § 706.07(c) (Aug. 2017) ("[a]ny question as to prematureness ofa
final rejection .... may therefore not be advanced as a ground for appeal, or
made the basis of complaint before the Patent Trial and Appeal Board."); Ex
Parte Frye, 94 USPQ2d 1072, 1077-78 (BP AI 2010) (precedential);
MPEP § 1002.02( c ). As this matter is petitionable, rather than appealable,
we express no opinion as to its propriety, and have no further comment on
the merits of Appellant's argument.
4
Appeal2017-010034
Application 14/548,727
(citing Yui ,r,r 183, 191, Figs 4, 8A-8D); Final Act. 4). The Examiner
further finds Yui's "variety of display formats as depicted in figure 4 and
8A-D" teaches the claimed "third display information" indicating first and
second display modes changeable via "a menu to change the display mode
as depicted in figure 8B" (Ans. 4). The Examiner then finds Yui's
"processors that ... allow for the user to change the interface layout and/ or
transfer the display" ( emphases added) cause the display to "switch and
display the first information ... and the second information ... on the basis
of the third display information," as claimed (Ans. 4 (citing Yui Fig. 8B)).
We do not agree.
We agree with Appellant that Yui does not teach or suggest a display
processor and information access processor controlling a display unit to (i)
switch between displaying first and second information based on first and
second display modes, and also (ii) update the first display information
without displaying the updated first information in the second display mode,
as required by claim 1. For example, the Examiner asserts that Yui's view
SJ (a TV channel broadcast, see Figs. 8A-8B) is the claimed.first
information displayed on a parent device ( a digital TV display unit
controlled by an information processor/set top box) in a.first display mode
(see Fig. 8A), but not displayed on the parent device in a second display
mode (see Fig. 8D) (Ans. 4). As Appellant explains, however, changing the
parent device's interface layout or transferring view S 1 away from the parent
device (i.e., changing between Yui's Figs. 8A and 8D) does not teach the
claimed switching (Reply Br. 7). Particularly, Yui's parent device (display
unit) does not switch between displaying the first mode's information (view
S 1) and displaying the second mode's information (views S2 and Min Fig.
5
Appeal2017-010034
Application 14/548,727
8D), as required by claim 1 (see Yui Figs. 8A-8D). Rather, Yui's display
unit always displays the second mode's information (views S2 and M)
(Reply Br. 7; see Yui Figs. 8A-8D). Thus, Examiner has not identified a
display processor and an information access processor controlling Yui's
parent display unit as required by claim 1.
Yui's converter 36 and microprocessor 66 (see Ans. 4) also do not
teach the claimed information access and display processors. As Appellant
asserts, Yui's converter 36 and microprocessor 66 merely send a video
signal (e.g., view SI) to a child device (another display unit), but do not
control the display of information on the child device based on first and
second display modes, as required by claim 1 (Reply Br. 5---6 ( citing Yui Fig.
19)).
The Examiner has not shown where Yui discloses or suggests a
display processor and an information access processor controlling a display
unit based on first and second display modes, as claimed. Thus, for these
reasons, we do not sustain the Examiner's rejection of claim 1 and claims 3
and 4 dependent therefrom.
DECISION
The Examiner's decision rejecting claims 1, 3, and 4 is reversed.
REVERSED
6