Ex Parte Shintani et alDownload PDFBoard of Patent Appeals and InterferencesAug 31, 201210896690 (B.P.A.I. Aug. 31, 2012) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ________________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ________________ Ex parte PETER SHINTANI and BAN KAWAMURA ________________ Appeal 2010-003868 Application 10/896,690 Technology Center 2100 ________________ Before JAMESON LEE, JUSTIN T. ARBES, and GLENN J. PERRY, Administrative Patent Judges. PERRY, Administrative Patent Judge. DECISION ON APPEAL Appeal 2010-003868 Application 10/896,690 2 STATEMENT OF THE CASE Introduction Appellants invoke our review1 under 35 U.S.C. § 134(a) from the Examiner’s rejection2 of claims 1, 3-5, 7-14 and 16-18. We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. Invention Appellants’ invention relates to selecting a display format for a video display device. Typically, a video display “device” is capable of displaying various “supported” formats (e.g. resolution, aspect ratio, timing).3 Supported formats are described in an extended display information data (EDID) file that is stored in an EEPROM.4 In a “plug and play” environment, a video source “reads” the EEPROM to determine what video formats are supported, selects a format from among those that are supported and sends a video stream in the selected format.5 The selected format may or may not be the user’s first choice among the supported video formats.6 According to the invention, rather than allowing the video source to select one of the supported formats, a user selects a desired format (one of the compatible formats) and causes the EDID file content to be “dynamically” rewritten to place a pointer in “block 0” of the EDID file that 1 Notice of Appeal filed June 23, 2008 2 Non-Final Office Action mailed May 23, 2008 3 Specification page 1 4 Specification page 2 5 Abstract 6 Specification page 2 Appeal 2010-003868 Application 10/896,690 3 points to a description of the desired format.7 When the video source reads the EDID file associated with the video display, it reads the user’s choice and nothing is left to doubt. See generally Abstract, Summary, claim 1. Evidence Considered The Examiner relies on the following prior art in rejecting the claims: Chuang 2005/0086398 A1 April 21, 2005 (filed Oct. 20, 2003) Stone 7,176,980 B2 February 13, 2007 (filed Mar. 23, 2004) Chaiken 6,223,283 B1 April 24, 2001 The Rejection The Examiner rejected claims 1, 3-5, 7-14 and 16-18 under 35 U.S.C. 103(a) as being unpatentable over Chuang, Stone and Chaiken. Ans. 3.8 CLAIM 1 Appellants first argue claim 1 which is reproduced below with disputed limitations emphasized. 1. A method for establishing what format video is received from a source of video, comprising: dynamically establishing at least one parameter associated with a user-preferred format in at least one memory of a video display system; communicating at least the parameter to the source to cause the source to send video to the display system in the desired format; and 7 Specification pages 2 and 6 8 Throughout this opinion, we refer to (1) the Appeal Brief (“App. Br.”) filed June 23, 2008; (2) the Examiner’s Answer (“Ans.”) mailed September 4, 2008; and (3) the Reply Brief (“Reply Br.”) filed September 8, 2008. Appeal 2010-003868 Application 10/896,690 4 allowing a user to select one parameter from a group of parameters, wherein the parameter selected by the user is indicated at least in part by block 0 of an extended display information data (EDID) embodied in an electrically erasable programmable read-only memory (EEPROM) associated with the video display system. Examiner Findings The Examiner finds that Chuang discloses dynamically establishing a parameter representing a video format to be sent to a display device. See Ans. 49. According to the Examiner, Stone teaches allowing a user to dynamically select a preferred video format associated with timing parameters and communicate that preferred format to a video source to cause the video source to send video in the desired format. Ans. 4. The Examiner finds that it would have been obvious to modify the Chuang video display to include a video source as taught by Stone. Ans. 4. The Examiner admits that neither Chuang nor Stone teach utilizing “block 0,” but finds that the table shown in Chaiken column 5 teaches the format of an EDID file including a map of its memory blocks. Ans. 5. The Examiner finds that even though there is not “block 0” listed in the EDID map, the block numbers themselves are arbitrary and are of no particular significance. Ans. 14-15. The Examiner reasons that it would have been 9 The Examiner interprets the Chuang mother board to be part of the video display system. Appeal 2010-003868 Application 10/896,690 5 obvious to modify the EDID file structure10 to store a parameter indicative of the user’s preferred format in “block 0” of the EDID file. Ans. 5. Appellant Contentions Appellants argue that Chaiken does not teach “block 0” as claimed. App. Br. 4. There is no mention of “block 0” in the EDID map shown in Chaiken column 5, referred to by the Examiner. The relied-upon table represents an EDID standard promulgated by a standards body and that the block numbers are not at all arbitrarily assigned. App. Br. 4. According to Appellants, the Examiner’s conclusion that “block 0” is a place that would have been used to indicate a user’s preferred format is a hindsight reconstruction based on Appellant’s specification. App. Br. 5. Finally, Appellants argue that the Chuang EDID that is dynamically rewritten is stored in a memory associated with the source of video rather than being associated with the display device. App. Br. 7. Discussion We are persuaded of error in the Examiner’s rejection of claim 1. We agree with the Examiner that the claim 1 language “associated with the video display system” is broad enough to encompass the dynamically rewritten EDID file of Chuang even though the EDID file is stored on a computer motherboard. Applying the term’s broadest reasonable 10 In Chuang, the EDID is altered to properly reflect that a new LCD has been coupled to a computer mother board. See Chuang figure 2 items 24 and 25. Appeal 2010-003868 Application 10/896,690 6 interpretation in light of the Specification, the word “associated” connotes to us a functional relationship regardless of physical position. However, we part company with the Examiner regarding the “block 0” limitation of claim 1. Appellants’ invention lies in the recognition that a particular block of the EDID file (in this case “block 0”) can advantageously be used to store a pointer to a user selected preferred format, and that by dynamically rewriting the EDID file to include that pointer, a video source reading the EDID file automatically can be apprised of the user’s preference, thereby putting the choice back in the user’s hands rather than relying on the video source to make that choice. We have read the portions of the references discussed by both the Examiner and Appellants and do not find any suggestion of this approach. There is no basis in the record for the Examiner’s view that “block 0” can read on any block. In the absence of contrary evidence, we must regard “block 0” as identifying a specific block. Even if we assume that the Examiner is correct in that “block 0” as claimed encompasses any block of the EDID, we do not find in any of the references disclosure of dynamically writing into a block of the EDID a user choice of display format as claimed. In the absence of such disclosure and in the absence of any disclosure related to “block 0” in particular, we do not sustain the rejection as to claim 1. Likewise, we do not sustain the rejection of dependent claims 3, 4 and 5 depending directly or indirectly from claim 1. CLAIM 7 Claim 7 is reproduced below. 7. A video display system including at least one processor and at least one format information storage apparatus, the processor executing logic comprising: Appeal 2010-003868 Application 10/896,690 7 presenting, to a user, a visual display; permitting the user to use the visual display to define a preferred video format; and programming the information storage apparatus such that the information storage apparatus can indicate to a source of video the preferred video format such that the source sends video to the display system in the preferred video format, a checksum associated with the preferred video format being dynamically established to reflect the parameter selected by the user. Although Appellants apply the comments made with respect to claim 1 to claim 7 mutatis mutandis,11 claim 7 does not include limitations directed to the dynamic modification of the EDID file to include a pointer in “block 0” to a preferred user format. Rather, it more broadly defines that a user selects a preferred video format and that an “information storage apparatus” is programmed to indicate that format so that it will be used by a video source. We find that broad concept to be taught and refer to our discussion above with respect to claim 1. However, rather than focusing on dynamically programming “block 0,” claim 7 focuses on establishing a “checksum” to reflect a user selected parameter. Appellants argue that the Chaiken “checksum” is not changeable and that Chaiken requires that the checksum be fixed to “zero.” See App. Br. 8. The Examiner points out that the Chaiken “checksum” is a 1 byte sum of all of the 128 bytes shown in the EDID. Ans. 17. The EDID map, as shown in Chaiken column 5, includes at least one parameter that represents a video file format. The Examiner finds that one of ordinary skill would have known that a checksum must be capable of changing to conclude as to 11 Appeal Brief 8. Appeal 2010-003868 Application 10/896,690 8 whether corruption exists or not.12 We see no evidence in support of the Examiner’s finding. The claim requires that the “checksum” be “dynamically established.” We find no evidence in Chaiken suggesting dynamically establishing a checksum. We therefore do not sustain the rejection of claim 1. We also do not sustain the rejection of claims 8-12 depending directly or indirectly from claim 7. CLAIM 13 Based on the claim 13 limitations that are similar to those discussed above with respect to claim 1, we refer to our reasoning above and do not sustain the rejection of claim 13 and its dependent claims 14 and 16-18. CONCLUSION The Examiner erred in rejecting claims 1, 3-5, 7-14 and 16-18. ORDER The Examiner’s decision rejecting claims 1, 3-5, 7-14 and 16-18 is reversed. REVERSED KMF 12 Examiner Answer page 17 Copy with citationCopy as parenthetical citation