14553054 (P.T.A.B. Jun. 25, 2018)

Ex Parte Ogino et al

Patent Trial and Appeal BoardJun 25, 2018

14553054 (P.T.A.B. Jun. 25, 2018)

UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/553,054 11/25/2014 54072 7590 06/27/2018 SHARP KABUSHIKI KAISHA C/O KEA TING & BENNETT, LLP 1800 Alexander Bell Drive SUITE 200 Reston, VA 20191 FIRST NAMED INVENTOR Kumiko Ogino 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. 70404.2353/fj 1008 EXAMINER BATAILLE, FRANTZ ART UNIT PAPER NUMBER 2677 NOTIFICATION DATE DELIVERY MODE 06/27/2018 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): JKEATING@KBIPLA W.COM uspto@kbiplaw.com epreston@kbiplaw.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Exparte KUMIKO OGINO and TAKAYA NAKATANI Appeal2018-000375 Application 14/553,054 1 Technology Center 2600 Before THU A. DANG, NORMAN H. BEAMER, and JAMES W. DEJMEK, Administrative Patent Judges. DEJMEK, Administrative Patent Judge. DECISION ON APPEAL Appellants appeal under 35 U.S.C. Â§ 134(a) from the Final Rejection of claims 9-21. Appellants have canceled claims 1-8. See Br. 9. We have jurisdiction over the remaining pending claims under 35 U.S.C. Â§ 6(b ). We reverse. 1 Appellants identify Sharp Kabushiki Kaisha as the real party in interest. Br. 2. Appeal2018-000375 Application 14/553,054 STATEMENT OF THE CASE Introduction Appellants' disclosed and claimed invention relates to an image forming apparatus (e.g., a copier or printer) and, in particular, an image forming apparatus having a capability to allow a user to preview and edit images prior to outputting the images (i.e., copies or print-outs). Spec. 1: 10- 16. In a disclosed embodiment, the image formatting apparatus comprises a touch panel display that allows for user input to edit the images. Spec. 2:22- 23, 7:19-25, 13:12-22. Further, the touch panel display may be logically partitioned into a plurality of regions (e.g., system region, function setting region, preview region, action panel region, and task trigger region) that are sized variably to display necessary information in each region. Spec. 26:25- 27: 11. The Specification describes that, based on a selected display mode, the size of the various regions may change. Spec. 27:20-22. Figures 6 and 7 are illustrative and are reproduced below: FIG. 6 2 Appeal2018-000375 Application 14/553,054 Figure 6 illustrates the touch panel display in a "fit mode" of display. Spec. 39:4--5. The display of Figure 6 is logically partitioned into the following regions: (i) function selecting region ( 41 O); (ii) preview region ( 480); (iii) action panel region (482); and (iv) task trigger region (484). Spec. 39:8-19. FIG. 7 468 486 482 51 ... ~~ .. Lil l~! ) ) ) ) 452 454 456 484 Figure 7 illustrates the touch panel display in a "finish preview mode" of display. Spec. 40:19-20. As shown, function selecting region (410 of Fig. 6) is displayed in a contracted representation and preview region ( 480) "is displayed with the greater width by virtue of reduction of the width of function selecting region." Spec. 40:24--41:9. The Specification further describes other display modes such as an image edition mode wherein the action panel region and task trigger region are contracted to allow for a larger preview region. Spec. 42:7--43: 1, Fig. 8. According to the Specification, by enlarging the preview region during the 3 Appeal2018-000375 Application 14/553,054 image edition mode, the image editing operation is easier to perform. Spec. 7: 19--25. Claim 9 is illustrative of the subject matter on appeal and is reproduced below with the disputed limitation emphasized in italics: 9. An image display control device comprising: an image display screen including at least an image display portion configured to display an image and a function selecting display portion configured to display a function selecting menu including functions to be performed in relation to the image; and a display controller configured to, when one mode among a plurality of modes for displaying the image is selected, change both a size of a region showing the function selecting display portion and a content shown in the function selecting display portion. The Examiner's Rejections 1. Claims 9--13, 17, 20, and 21 stand rejected under 35 U.S.C. Â§ 103(a) as being unpatentable over Kotani et al. (US 2007/0297010 Al; Dec. 27, 2007) ("Kotani"); Jang et al. (US 2010/0031169 Al; Feb. 4, 2010) ("Jang"); and Sakai et al. (US 2007/0160345 Al; July 12, 2007) ("Sakai"). Final Act. 4--16. 2. Claims 14--16, 18, and 19 stand rejected under 35 U.S.C. Â§ 103(a) as being unpatentable over Kotani, Jang, Sakai, and Ayatsuka et al. (US 2008/0301586 Al; Dec. 4, 2008) ("Ayatsuka"). Final Act. 16-22. 4 Appeal2018-000375 Application 14/553,054 ANALYSIS 2 In rejecting independent claim 9, the Examiner relies on the combined teachings and suggestions of Kotani, Jang, and Sakai. Final Act. 4--7. In particular, the Examiner finds Kotani teaches an image display control device comprising an image display screen having multiple display modes and including at least an image display portion configured to display an image and a function selecting display portion configured to display a function selecting menu including functions to be performed on the image. Final Act. 4--5 (citing Kotani i-fi-136, 40, 57-58, Figs. 1, 3, 5, 6). Figure 6 of Kotani is illustrative and is reproduced below: 601 !MAGE VIEWING WINDOW 602 TRIMMING AREA VlEWING W!NDOW ______ ..._: ----LL~~~LLLLLLLLLLLLLLLLLL~LL~LLLLLLLLLLLLLLLâ€¢Hâ€¢â€¢~Â·'"Â·--Â·Â·--Â·------ i U EDIT OF !MAGE / FIG. 6 Â·--â€¢â€¢--â€¢---â€¢--â€¢â€¢--'-""""""_' ____ m_,_.,_..,__ _______ ___,._.__ ___ ----1 i -------------------------------r-----Â·--Â·---Â·-Â·--Â·---Â·-Â·-Â·- I I! Ii Ii Ii Ii I[Â·-Â· Lffr RIGH'r ___ l q TNrÂ· OIMAGE 1-- _O ___ K_ l ; - ,_,_~ __ r._._l""> __ ..__ ; ____ -_~t_-._-_-_ . __ .. - or::'.OA7NCEL TURN . TU~~ ...... /.w ' " / CORRECTION mm~ __:J i _,, ~- - - -~~;;Â·~~~~~,6r TR!MM!NG,(ROT;~~;~:-;~Â·-Â· OF\IW\GE CAN BE E.~EGUTED Â·,,_ .f BUTTON -Â·-LÂ·---~~- .. / 6:04------------Â·Â· 665 l&tAGE CORRECTION 606 DETERM!NATfON BUITON Bo:r TR:MMlNG DESIGNATION DESIGNATION CHECK BOX ROTATION BUTTON CHECK BOX 2 Throughout this Decision, we have considered the Appeal Brief, filed October 9, 2015 ("Br."); the Examiner's Answer, mailed February 8, 2016 ("Ans."); and the Final Office Action, mailed July 13, 2015 ("Final Act."), from which this Appeal is taken. 5 Appeal2018-000375 Application 14/553,054 Figure 6 shows an edit screen of Kotani's printing apparatus. Kotani i-f 65. The Examiner finds Figure 6 illustrates, inter alia, an image display portion ( 601) and a function selecting display portion (i.e., the area comprising function buttons 603, 604, 605, 606, and 607). Final Act. 4--5. 3 Additionally, the Examiner relies on Jang to teach a display controller configured to change a size of region showing the function selecting display portion when a display mode is selected from among a plurality of display modes. Final Act. 5 (citing Jang i-f 93, Fig. 1). Further, the Examiner relies on Sakai to teach "when one mode among [a] plurality of modes for displaying the image is selected, change both a size of a region showing the function selecting display portion and a content shown in the function selecting display portion." Final Act. 6 (citing Sakai i-fi-146-52, Fig. 3). 3 It appears the Examiner initially inadvertently refers to a function selecting display portion as ( 601) of Figure 6. Final Act. 4. Within the same paragraph, the Examiner refers to ( 601) as the preview representation on the display portion, and refers to the item ( 603) as located in a function selecting portion of the display. Appellants do not present arguments regarding these particular findings nor do Appellants claim prejudice as a result of the Examiner's typographical error (i.e., referring to item (601) instead of item (603)). Thus, we treat the Examiner's error as harmless. 6 Appeal2018-000375 Application 14/553,054 Figure 3 of Sakai is illustrative and is reproduced below: 8: 2Spm q '-.\ 122 DI 50 Figure 3 of Sakai shows an on-screen menu for a multimedia player in which an expanded view of an array of multiple medium icons is shown. Sakai i-f 46. Sakai describes the multimedia player is capable of supporting various functions and formats as illustrated in the array of function icons (52). Sakai i-f 46. For example, the array of function icons includes a configuration function icon (56), a photo playback function icon (58), a music playback function ( 60), a moving image playback function ( 62) and a game running function icon (64). Sakai i-f 46. Additionally, Sakai describes an area of intersection (140) being located at a fixed position near the center of the display. Sakai i-f 47. A function is selected by scrolling (such as with left/right arrow keys) the array of functions (52) until the desired function is within the area of intersection (140). Sakai i-f 4 7. In Figure 6, the photo playback function (58) is being selected. When a function icon is located at 7 Appeal2018-000375 Application 14/553,054 the area of intersection (140), the color and size of icon is changed and the function name is displayed underneath the icon. Sakai i-f 48. Also shown in Figure 6 is an array of medium icons ( 54 ). Sakai i-f 49. Sakai describes that the array of medium icons ( 54) is only displayed when a function icon from the array of function icons (52) is located within the area of intersection (140). Sakai ,-r 49. Appellants argue the selection of modes described in the cited portions of Sakai relates to a change in the function to be performed (e.g., photo playback, or game running function), whereas Appellants' claim 9 refers to selecting a mode for displaying an image in the image display portion of the display. Br. 6-7. Appellants assert Figure 3 of Sakai, as relied on by the Examiner, does not show an image in an image display portion and does not teach changing a mode for displaying the image. Br. 6-7. We are persuaded by Appellants' assertions. Although the Examiner explains how the size of function icons change as they enter the area of intersection as well as the expanded view of the array of medium icons (Ans. 8-9), the Examiner does not provide sufficient evidence or technical reasoning that the change in size and content of a function selecting display portion of Sakai occurs when "one mode among a plurality of modes for displaying the image is selected," as recited in claim 9. Rather, in the sections of Sakai referenced by the Examiner, the change in the icons of the array of medium icons ( 54) is associated with the function selecting operation of Sakai and does not the selection of a mode for displaying an image. Br. 6-7. In fact, in the referenced sections of Sakai, there is no teaching or even suggestion of selecting a mode for displaying the image, as recited (claim 9). 8 Appeal2018-000375 Application 14/553,054 Because we find it dispositive that Sakai, as relied upon by the Examiner, does not teach or suggest selecting a mode among a plurality of modes for displaying the image, as required by independent claim 9, we need not address other issues raised by Appellants' arguments. For the reasons discussed supra, and constrained by the record before us, we do not sustain the Examiner's rejection of independent claim 9. Additionally, we do not sustain the Examiner's rejections of 10-21, which depend directly or indirectly therefrom. DECISION We reverse the Examiner's decision rejecting claims 9--21. REVERSED 9