STEELCASE INC.Download PDFPatent Trials and Appeals BoardAug 24, 20212020003307 (P.T.A.B. Aug. 24, 2021) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE 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 APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/827,963 08/17/2015 Michael H. Dunn 871462.01112.PA12423814US 1232 113018 7590 08/24/2021 Steelcase/ Quarles & Brady LLP Attn: IP Docket 411 E. Wisconsin Ave. Ste. 2400 Milwaukee, WI 53202-4428 EXAMINER HOPE, DARRIN ART UNIT PAPER NUMBER 2173 NOTIFICATION DATE DELIVERY MODE 08/24/2021 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): pat-dept@quarles.com patents@steelcase.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte MICHAEL H. DUNN, IAN G. HUTCHINSON, and PETER W. HILDEBRANDT Appeal 2020-003307 Application 14/827,963 Technology Center 2100 Before BRADLEY W. BAUMEISTER, JENNIFER MEYER CHAGNON, and ROBERT J. SILVERMAN Administrative Patent Judges. CHAGNON, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–3 and 6–13.2 We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 Appellant refers to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies the real party in interest as Steelcase Inc. Appeal Br. 1. 2 The Examiner had originally also rejected claims 4 and 5 as obvious (see Final Act. 8), but subsequently withdrew the rejection of these claims. See Ans. 6 (stating that “Applicant’s arguments regarding claims 4 and 5 are persuasive.”). Appeal 2020-003307 Application 14/827,963 2 CLAIMED SUBJECT MATTER As described in the Specification, [t]he field of the invention is information presentation systems and more specifically presentation systems that enable interactive information presentation to an audience within a conference room or the like where information is presented in a manner akin to conventional paper type flip charts that can be dynamically edited in a collaborative fashion. Spec.3 ¶ 3. The claims are directed to a presentation system. Appeal Br., Claims App. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A presentation system comprising: a portable presentation unit including a rectangular rotational display screen and a wireless transceiver; a wireless access point in communication with the wireless transceiver; a stationary presentation unit including a stationary display screen in communication with the wireless access point; a processor in communication with the wireless access point, wherein the processor is programmed to format an image for display on the rectangular rotational display in the portable presentation unit, 3 In this Decision, we refer to the Specification filed August 17, 2015 (“Spec.”); Non-Final Office Action dated April 25, 2019 (“Non-Final Act.”); Appeal Brief filed October 2, 2019 (“Appeal Br.”); and Examiner’s Answer dated January 27, 2020 (“Ans.”). Appeal 2020-003307 Application 14/827,963 3 to monitor the portable presentation unit for a command signal to flip an image to the stationary display screen in the stationary presentation unit, to produce the image on the stationary display, and to format a height and width of the image on the stationary display screen to correlate with the image on the rotational display in the portable presentation unit. Appeal Br., Claims App. (some formatting added). REFERENCES The prior art relied upon by the Examiner is: Name Reference Date Matsuzaki et al. (“Matsuzaki”) US 2002/0067318 A1 June 6, 2002 Hara et al. (“Hara”) US 2003/0058227 A1 Mar. 27, 2003 Sitrick et al. (“Sitrick”) US 2003/0110925 A1 June 19, 2003 Brown et al. (“Brown”) US 7,134,079 B2 Nov. 7, 2006 Priem US 7,598,948 B1 Oct. 6, 2009 REJECTIONS I. Claims 1–3 and 6–12 stand rejected under 35 U.S.C. § 103 as being unpatentable over Sitrick, Priem, Matsuzaki, and Brown. II. Claim 13 stands rejected under 35 U.S.C. § 103 as being unpatentable over Sitrick, Priem, Matsuzaki, Brown, and Hara. OPINION We review the appealed rejections for error based upon the issues Appellant identifies, and in light of the arguments and evidence produced thereon. Ex parte Frye, 94 USPQ2d 1072, 1075 (BPAI 2010) (precedential) (cited with approval in In re Jung, 637 F.3d 1356, 1365 (Fed. Cir. 2011) (“[I]t has long been the Board’s practice to require an applicant to identify Appeal 2020-003307 Application 14/827,963 4 the alleged error in the examiner’s rejections.”)). After considering the argued claims in light of each of Appellant’s arguments, we are not persuaded Appellant has identified reversible error in the appealed rejections of claims 1–3 and 6–13. Rejection of claims 1–3 and 6–12 under 35 U.S.C. § 103 as being unpatentable over Sitrick, Priem, Matsuzaki, and Brown Claims 1–3 and 7–12 With respect to claim 1, the Examiner points to Sitrick as disclosing the claimed presentation system including “a portable presentation unit” including “a wireless transceiver,” “a wireless access point . . . ,” “a stationary presentation unit . . . ,” and “a processor in communication with the wireless access point.” Non-Final Act. 3–4 (citing Sitrick ¶¶ 13, 45, 49, 56, 65, 66, 69, 92, 96, 98, 118, 130, Abstract, Figs. 1, 2). As described in Sitrick, which relates to electronic music stands, a master workstation (e.g., for a conductor) communicates wirelessly with individual work stations (e.g., for individual musicians) to display a musical score on a display, such as a liquid crystal display. Sitrick ¶¶ 13, 48, 49, 118, 130. For teaching the claimed “rectangular rotational display screen” of the portable presentation unit, and the claimed processor programmed to “format an image for display on the rectangular rotation display,” the Examiner points to Priem. Non-Final Act. 5 (citing Priem 1:48–62, 2:17– 34, 4:12–5:63, 13:59–14:15, Figs. 1A–1G, 6). The Examiner finds that Priem “describes a rotational display that can be rotated from portrait to landscape and vice versa. The presented materials are oriented on a screen according to the rotation of the display.” Id.; Priem 4:12–5:63. The Appeal 2020-003307 Application 14/827,963 5 Examiner reasons that “it would have been obvious . . . to use the Priem system and method of detecting rotated displays in Sitrick’s electronic image visualization device” to “make adjusting displayed imagery easier.” Non-Final Act. 5. For teaching a processor programmed “to monitor the portable presentation unit for a command signal to flip an image to the stationary display screen in the stationary presentation unit” and “to produce the image on the stationary display,” the Examiner points to Matsuzaki. Non-Final Act. 5–6 (citing Matsuzaki ¶¶ 38, 49–51, 321, Figs. 16, 17); see also Ans. 3–4. In Matsuzaki, [w]hen the user sets to display an image file on a destination FLCD [(i.e., a ferroelectric liquid crystal display)], he or she drags the image file to be displayed from those displayed as icons on the window 410, and drops it on the destination FLCD on the window 420. When the user drops the dragged image file on an icon 430 “display on all devices” in the window 420, all the FLCDs other than the FLCD that displays the control screen serve as the destinations of that image file. Matsuzaki ¶ 321; see id. ¶ 4 (defining FLCD). The Examiner reasons that “it would have been obvious . . . to use the Matsuzaki display control in the Sitrick and Priem electronic image visualization device” to “make it easier to select a device for displaying a particular image.” Non-Final Act. 6. Finally, for teaching a processor programmed “to format a height and width of the image on the stationary display screen to correlate with the image on the rotational display in the portable presentation unit,” the Examiner points to Brown. Non-Final Act. 7 (citing Brown 10:62–11:3); see also Ans. 4–5. Brown teaches that “[t]he presentation system . . . can Appeal 2020-003307 Application 14/827,963 6 work with two or more different document file formats such as PowerPoint presentations and Adobe Acrobat PDF files. In a preferred embodiment, the PowerPoint presentations are used to deliver screens of information in landscape layout, while Acrobat files display information from portrait layout paginated documents.” Brown 10:64–11:3. The Examiner reasons that “it would have been obvious . . . to use the Brown system and method for multiple screen electronic presentations in the Sitrick, Priem, and Matsuzaki electronic image visualization device” to “allow a presenter to effectively and dynamically present material that can easily be modified and augmented according to each environment in which the presentation is made.” Non-Final Act. 7 (citing Brown 1:39–43). Appellant argues that the combined references do not disclose a processor programmed “to format a height and width of the image on the stationary display screen to correlate with the image on the rotational display in the portable presentation unit.” See Appeal Br. 3–4. Appellant notes that, in Matsuzaki, when selecting an image for display, “[t]he user can drag an image icon from the window 410 to window 420 to display the image file on the destination display.” Id. at 4. Appellant continues, “[s]ince the image to be moved [in Matsuzaki] is displayed as an icon, and the image file is displayed on the receiving screen, clearly the height and width of the image is not correlated between the screens.” Id. Appellant recognizes that the Examiner points also to Brown for this limitation (id.), but argues that “in Brown, the orientation of a displayed document is determined solely based on whether the file format of the document is Power Point or Adobe Acrobat.” Id. (citing Brown 10:62–11:3). Appeal 2020-003307 Application 14/827,963 7 Appellant’s arguments are not persuasive. We recognize that Appellant’s Specification4 teaches, “when display 955 is rotated from the portrait orientation to the landscape orientation [certain] changes may, in at least some embodiments, automatically occur.” Spec. ¶ 172. One of these changes is described, as follows: First, the number of slave images projected may be dependent upon unit 955 orientation. To this end, in at least some embodiments it is contemplated that when display 955 is in the portrait orientation as illustrated in Fig. 30, each projector 964 and 966 may be programmed to project two separate adjacent images. For instance, as illustrated in Fig. 30, projector 964 projects first and second images into adjacent spaces 956 and 958 while projector 966 projects first and second images into adjacent spaces 960 and 962 where each of the projected images has a portrait form. Referring to Fig. 31, when unit 955 is rotated into the landscape orientation, the processor that drives the projectors is programmed to automatically reformat so that each of projectors 964 and 966 only projects one landscape image. In Fig. 31, projector 964 projects a first landscape image into landscape space 980 while projector 966 projects a second image into landscape space 982. Id. In other words, the Specification describes that when the display of the portable presentation unit (i.e., display 955) is rotated from the portrait orientation to the landscape orientation, then the spaces onto which the flipped images are produced in the stationary presentation unit are correspondingly rotated from portrait orientation (i.e., spaces 956, 958, 960, 962, Fig. 30) to landscape orientation (i.e., spaces 980, 982, Fig. 31). 4 In the Summary of the Claimed Subject Matter portion of the Appeal Brief, Appellant points to the embodiment described at paragraphs 170 to 173 with respect to this claim limitation. Appeal Br. 2. Appeal 2020-003307 Application 14/827,963 8 The claim, however, does not require that the image be coextensive with either of the display screens. Rather, as written, the claim also could read on an image corresponding to only a portion of the rectangular rotational display screen being “flipped” to the stationary display screen. In this instance, the relative orientation of the rotational display and the presentation spaces is not relevant to whether the images themselves correlate. The claim also does not require, for example, that the height and width of the image on the stationary display screen correlate with a height and width of the image on the rotational display in the portable presentation unit. Nor does the claim recite any particular manner in which the processor determines how to correlate the height and width of the image on the stationary display screen. “Because the applicant has the opportunity to amend claims during prosecution, giving a claim its broadest reasonable interpretation will reduce the possibility that the claim, once issued, will be interpreted more broadly than is justified.”5 MPEP § 2173.01(I) (citing In re Yamamoto, 740 F.2d 1569, 1571 (Fed. Cir. 1984); In re Zletz, 893 F.2d 319, 321 (Fed. Cir. 1989)). One plain and ordinary meaning of “correlate” is “to correspond.” See “Correlate” Definition, MERRIAM-WEBSTER.COM, available at https://www.merriam-webster.com/dictionary/correlate. In Brown, for example, if the image previewed on the center monitor 212 is a PowerPoint presentation, the materials displayed by left projector 232 and/or right 5 In the event of further prosecution, we also note some inconsistencies in the claim language that Appellant may wish to consider addressing with an amendment. For example, in claim 1, “rectangular rotational display screen” is also recited as “rectangular rotational display” and “rotational display”; and “stationary display screen” is also recited as “stationary display.” Appeal 2020-003307 Application 14/827,963 9 projector 236 will display in landscape layout (i.e., “having a wider width than height”). Ans. 4 (citing Brown 10:62–11:3). Likewise, if the image previewed on the center monitor 212 is an Adobe Acrobat PDF file, materials displayed by left projector 232 and/or right projector 236 will display in portrait layout (i.e., “having less width than height”). Ans. 4 (citing Brown 10:62–11:3); see also Brown 5:4–11, Fig. 2. In other words, the height and width of the materials displayed by the projectors in Brown correspond to the file format of the image previewed on the center monitor. As noted above, the claim does not require that the height and width of the image on the stationary display screen correlate with a height and width of the image on the rotational display in the portable presentation unit. Thus, we find that Brown teaches the limitation “to format a height and width of the image on the stationary display screen to correlate with the image on the rotational display in the portable presentation unit.” Appellant has not persuaded us of error in the Examiner’s findings. Appellant also argues that the Examiner “fails to establish a logical reason to combine” Brown with Sitrick, Priem, and Matsuzaki. Appeal Br. 4. Appellant contends that the portion of Brown relied upon in the rejection (Brown 10:62–11:3) does not “improve the ability to dynamically present material, modify material, or augment material,” which is the Examiner’s stated reason to combine. Appeal Br. 5; see Final Act. 7 (citing Brown 1:39–43, as providing a reason to combine). Appellant asserts that, instead, Brown at column 10, line 62 through column 11, line 3 describes “lock[ing] the orientation of an image into a particular[] orientation based solely on whether that image is in a Power Point or an Adobe format.” Appeal Br. 5. Appeal 2020-003307 Application 14/827,963 10 We are not persuaded of Examiner error in incorporating features of Brown into the Sitrick, Priem, and Matsuzaki device. Brown “contemplates within its scope other presentation environments in which multiple screens and dynamic annotation capability are beneficial” (Brown 2:61–64), such as the multiple music stand displays of Sitrick (as modified by Priem and Matsuzaki). See Sitrick ¶¶ 12, 48, 67 117, 118, 202 (describing multiple workstations that display music as directed by a master workstation and a “draw mode [that] allows the user to draw notes or notations on the music or other displayed image”). Finally, Appellant contends that Sitrick is non-analogous art. Appeal Br. 5–7. In particular, Appellant argues that the field of the invention is “presentation systems that enable interactive information presentation to an audience within a conference room or the like where information is presented in a manner akin to conventional paper type flip charts that can be dynamically edited in a collaborative fashion.” Id. at 6 (quoting Spec. ¶ 3). Appellant further argues that “[t]he field of the Sitrick reference is specifically stated to be ‘the field of music’” and “[m]ore particularly, the field is ‘an architecture, system, apparatus, and methodology ... for displaying musical compositions ... and communicating music data and/or music performances.’” Id. (quoting Sitrick ¶ 3). Accordingly to Appellant, “Sitrick, therefore, is clearly not in the field of the claimed invention.” Id. Appellant also contends, without further argument, that “Sitrick does not address problems related to flip charts, such as those set forth in the paragraphs cited above [(Spec. ¶¶ 9–13)].” Appeal Br. 6. Appeal 2020-003307 Application 14/827,963 11 In the Answer, the Examiner explains: Sitrick discloses displaying information on a master workstation and allowing a conductor to select data for display on a slave display (paragraphs [0130], [0132] and [0138]). Sitrick discloses that the “present invention also includes display of any image data utilized for facilitating or otherwise enhancing performance, including graphics, text animations, video-in-video, instant messaging, collaborative networking of editing and selective or transfer of music composition, announcements, etc.” (Paragraph [0067]). Thus, Sitrick does suggest, for example, allowing a conductor to flip sheet music from a conductor’s display to a performer’s display and performing operations that extend beyond just displaying music. Ans. 5–6. We are unpersuaded that Sitrick is non-analogous art. A reference is analogous art to the claimed invention if: (1) the reference is from the same field of endeavor as the claimed invention; or (2) the reference is reasonably pertinent to the problem faced by the inventor. See In re Bigio, 381 F.3d 1320, 1325 (Fed. Cir. 2004). The claims recite a “presentation system,” generally. See also Spec. ¶ 3 (describing “the field of the invention is information presentation systems” before describing the more particular field Appellant quotes above). The claims do not include limitations directed to “enabl[ing] interactive information presentation to an audience within a conference room or the like where information is presented in a manner akin to conventional paper type flip charts that can be dynamically edited in a collaborative fashion,” as argued by Appellant (Appeal Br. 6). Similarly, the Abstract of Sitrick states: “An electronic image visualization system, such as a music stand system and display, management and communications methodologies relating thereto are presented.” Appeal 2020-003307 Application 14/827,963 12 (emphases added). Although we agree with Appellant that Sitrick indicates that it “relates to the field of music,” Sitrick also states that it “relates to an architecture, system, apparatus and methodology relating to the construction and utilization of a subsystem (or a plurality of subsystems) for displaying musical compositions, either batch or in a real time environment, and processing and communicating music data and/or user performances.” Sitrick ¶ 3 (emphases added). Appellant does not argue that the musical compositions displayed in Sitrick are not images. For the reasons discussed, we are not persuaded of error in the Examiner’s rejection of claim 1. We, therefore, sustain the rejection. We also sustain the Examiner’s rejection of claims 2, 3, and 7–12, which depend therefrom, and are not argued separately. Claim 6 Claim 6 recites that “the stationary presentation unit includes at least one projector.” Appeal Br., Claims App. The Examiner finds that Brown teaches projectors. Final Act. 9 (citing Brown 3:27–46, Fig. 3 (projectors 114a, 144b)). The Examiner reasons that that “it would have been obvious . . . to use the Brown system and method for multiple screen electronic presentations in the Sitrick, Priem, and Matsuzaki electronic image visualization device” to “allow a presenter to effectively and dynamically present material that can easily be modified and augmented according to each environment in which the presentation is made.” Ans. 6 (citing Brown 1:39–43). Appellant contends that it would not have been obvious to include a projector in the Sitrick system because Sitrick “isn’t intended for Appeal 2020-003307 Application 14/827,963 13 presentations, or to annotate presentations for a group, and is not intended for collaboration.” Appeal Br. 8. Appellant further contends that “any suggestion to add a projector to a system [that] is intended to be used, for example, by marching bands is entirely misplaced, and would clearly not be considered by one of ordinary skill in the art.” Id. We are not persuaded of Examiner error in incorporating features of Brown into the Sitrick, Priem, and Matsuzaki device. As discussed above with respect to claim 1, Brown “contemplates within its scope other presentation environments in which multiple screens and dynamic annotation capability are beneficial” (Brown 2:61–64), such as the multiple music stand displays of Sitrick (as modified by Priem and Matsuzaki) (see Sitrick ¶¶ 12, 48, 67 117, 118, 202 (describing multiple workstations that display music as directed by a master workstation and a “draw mode [that] allows the user to draw notes or notations on the music or other displayed image”)). Accordingly, we sustain the rejection of claim 6. Rejection of claim 13 under 35 U.S.C. § 103 as being unpatentable over Sitrick, Priem, Matsuzaki, Brown, and Hara Claim 13 recites that “the rectangular rotational display comprises a writable and erasable surface.” Appeal Br., Claims App. The Examiner finds that Hara discloses this limitation. Final Act. 10 (citing Hara ¶ 47). Hara teaches: The second drawing tool comprises a mouse operation tool 61 selected in mouse operation using the electronic pen 107, a pen drawing tool 62 selected in drawing free lines on the PC screen 105, an eraser tool 63 selected in erasing part or all of the free lines drawn with the pen drawing tool 62, a page information Appeal 2020-003307 Application 14/827,963 14 registration button 64 for storing base image and free line data on selection as page information, a document save button 65 for saving the page information stored on selection as document information, and a setting button 66 for displaying a dialog box to change the width, color of the pen drawing tool and the size of the eraser tool 63. Hara ¶ 47. The Examiner reasons that “it would have been obvious . . . to use the Hara [surface6] in the Sitrick, Priem, Matsuzaki, and Brown electronic image visualization device” to “allow a presenter to annotate presentation more easily.” Final Act. 10–11. Appellant contends that Sitrick “isn’t intended for presentations, or to annotate presentations for a group.” Appeal Br. 9. The Examiner responds, finding that “Sitrick is intended for collaboration with other users.” Ans. 7. As support, the Examiner points to the following disclosure of Sitrick: The present invention also includes display of any image data utilized for facilitating or otherwise enhancing performance, including graphics, text animations, video-in-video, instant messaging, collaborative networking of editing and selective or transfer of music composition, announcements, etc. Sitrick ¶ 67. Appellant does not persuade us of error in the Examiner’s combination. Sitrick teaches the ability to annotate. Sitrick ¶ 12. The 6 The rejection says “projector” rather than “surface.” We understand this to by harmless clerical error, as the rejection clearly relies on Hara as disclosing the claimed “writable and erasable surface” rather than a projector. See Final Act. 10–11. Appeal 2020-003307 Application 14/827,963 15 “drawing tool” of Hara is used in an “electronic whiteboard system,” for drawing and erasing (i.e., annotating). Hara ¶¶ 18, 47. Accordingly, we sustain the rejection of claim 13. CONCLUSION The Examiner’s rejections of claims 1–3 and 6–13 under 35 U.S.C. § 103 are affirmed. In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–3, 6–12 103 Sitrick, Priem, Matsuzaki, Brown 1–3, 6–12 13 103 Sitrick, Priem, Matsuzaki, Brown, Hara 13 Overall Outcome 1–3, 6–13 TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation