DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
1. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 20 of the claimed invention is directed to non-statutory subject matter.
Claim 20 recites “A computer-readable storage medium having stored thereon a program for a display device installed in a moving object, wherein the display device comprising a first display mode in which content is displayed without dividing a display region, and a second display mode in which the display region is divided into a first display region for a first seat installed in the moving object and a second display region for a second seat within the moving object for displaying, and the program causes a computer to function as: an obtaining module which obtains information indicating a display mode of the display device; and a control module which performs zoning of a space within the moving object to output audio, wherein the control module differentiates the zoning depending on whether the display mode of the display device is the first display mode or the second display mode”.
(i) Regarding “a computer-readable storage medium”, the United States Patent and Trademark Office (USPTO) is obliged to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zletz, 893 F.2d 319 (Fed. Cir. 1989) (during patent examination the pending claims must be interpreted as broadly as their terms reasonably allow). The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. See MPEP 2111.01.
A claim drawn to such a computer readable medium that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the
limitation "non-transitory" or “non-volatile” (see current par. [0029]) to the claim. Such a suggested amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se.
The limited situations in which such an amendment could raise issues of new matter occur, for example, when the specification does not support a non-transitory embodiment because a signal per se is the only viable embodiment such that the amended claim is impermissibly broadened beyond the supporting disclosure.
(ii) Regarding “program” or “software”. Products of manufacture are patentable subject matter and have physical attributes. All of the terms used deem to be “program” or “software” is not physical, but typically consist of disembodied data which is not patentable subject matter, per se, MPEP 2106.01 (I).
See the current pars. [0067-0070] for possible correction (i.e., computer-readable instruction).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3,8,10-11 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Otsuka et al (US 2007/0222769) and further in view of Herbig et al (US 2023/0209260), Mistry et al (US 2023/0325146) or Trestain et al (US 11,729,549).
Claims 1, 19 and 20, Otsuka teaches a control device, a method and a medium for a display device installed in a moving object (the display apparatus 100 installed in the vehicle 200), wherein
the display device comprises a first display mode in which content is displayed without dividing a display region, and a second display mode in which the display region is divided into a first display region for a first seat installed in the moving object and a second display region for a second seat within the moving object for displaying, and the control device (Figs. 3-19 wherein Fig. 3 shows necessary elements/components to control the system. Fig. 4 shows the splitting the screen where display screen 101 of wide panel 100 is split into a left part and a right part [0062-0070]) comprises:
an obtaining module which obtains information indicating a display mode of the display device (Figs. 3-19 also show modes and can even be switched between the two as shown in Fig. 18. Fig. 17 shows user can enlarge a mode and with wide panel 100 of the present example, passengers 300A and 300B in backseat 203, who are relatively available, are able to, for example, search for the destinations, places for fueling or rest areas for driver 300C and transfer to and display search results on display screen 401 of navigation system 400, thereby providing valuable information for driver 300C, [0108]); and
a control module which performs zoning of a space within the moving object to output audio, (when display screen 101 is split, with wide panel 100 of the present example, the audio volume outputs from left and right first speaker 500A and second speaker 500B can be changed in accordance with the screen split, with wide panel 100 of the present example, when display screen 101 is split, it is possible to increase the audio volume 101Av of the main image on the left side and decrease the audio volume 101Bv of the sub-image from speaker 500A on the left side, and increase the audio volume 101Bv of the sub-image on the right side and decrease the audio volume 101Av of the main image from speaker 500B on the right side, as shown in FIG. 16 while Fig. 17 shows with wide panel 100 of the present example, when first split screen 101A on the left side is larger than second split screen 101B on the right side, it is possible to increase the audio volume 101Av of first split screen 101A on the left side. Fig. 18 shows with wide panel 100 of the present example, when the display locations on display screen 101 of first split screen 101A and second split screen 101B after a screen spit are switched right and left, it is possible to switch audio 101A of the main image and audio 101Bv of the sub-image outputted from left and right speakers 500A and 500B in accordance with each other, [0127- 0134]).
wherein the control module differentiates the zoning depending on whether the display mode of the display device is the first display mode or the second display mode. (See the previous step or Fig. 18 being schematic diagram for explaining the operation for switching the left and right speaker audio outputs upon switching the display locations of split images on split screens of a display apparatus left and right, with wide panel 100 of the present example, when the display locations on display screen 101 of first split screen 101A and second split screen 101B after a screen spit are switched right and left, it is possible to switch audio 101A of the main image and audio 101Bv of the sub-image outputted from left and right speakers 500A and 500B in accordance with each other, [0134]. Fig. 18 also shows the switching of audio volume control 101Av and 101Bv).
Examiner notes that Otsuka does not use the term “zone/zoning”, but rather uses the term “seat” (i.e., driver's seat 201, passenger's seat 202, and backseat 203 of vehicle 200, [0036-0046]). Obviously, those seating areas are equivalent to the current term “zone/zoning”. To support this obviousness, examiner wishes to provide Herbig who explicitly teaches multiple different acoustic zones assigned to seat in a vehicle as shown in Figs. 2 and 6A. Similarly, Mistry also teches such obviousness in Fig. 4, [0041]. Likewise, Trestain teaches the same in Fig. 7-10 where
Therefore, it would have been obvious to the ordinary artisan before the effective filing date to incorporate the teaching of Herbig, Mistry or Trestain into the teaching of Otsuka for the purpose of providing the explicitly relevant language/term to the current use of claim language to ensure that there is no dispute/confusion when carrying out the claimed invention.
Claim 2. The control device of claim 1, wherein the control module, when the display mode of the display device is the first display mode, performs zoning of a space within the moving object into one zone, and when the display mode of the display device is the second display mode, performs zoning of the space within the moving object into a first zone corresponding to a position in which the first seat is installed and a second zone corresponding to a position in which the second seat is installed. (See the independent claims or Otsuka’s Fig. 2, first speaker 500A and second speaker 500B are arranged on both sides of backseat 203 of vehicle 200, [0040-0043])
Claim 3. The control device of claim 2, wherein the control module, when the display mode of the display device is the second display mode, controls to output audio such that audio of first content displayed on the first display region is able to be heard by an occupant located within the first zone, and controls to output audio such that audio of second content displayed on the second display region is able to be heard by an occupant located within the second zone. (See the independent claims or Otsuka’s FIG. 18 is a schematic diagram for explaining the operation for switching the left and right speaker audio outputs upon switching the display locations of split images on split screens of a display apparatus left and right when the display locations on display screen 101 of first split screen 101A and second split screen 101B after a screen spit are switched right and left, it is possible to switch audio 101A of the main image and audio 101Bv of the sub-image outputted from left and right speakers 500A and 500B in accordance with each other, [0134]).
Claim 8. The control device of claim 1, further comprising: an occupant information detection module which detects at least one of a state or an attribute of an occupant of the moving object, wherein the control module, based on at least one of the state or the attribute of the occupant (Trestain: an occupants may wish to lower the non-speech sound, col. 12, line 51) detected by the occupant information detection module, further identifies an occupant who does not require audio to be output, and controls to suppress the audio to be output to a zone in which the identified occupant located. (Trestain: The volume may be adjusted to decrease to a predefined level. That is, the volume may decrease, but still be audible to the occupants. The volume may be completely muted. The playback may be paused completely. Additionally or alternatively, the volume may be faded down to a mute, or faded down to a predetermined level. The volume level may be predefined by the user, user preferences, etc., col. 13, lines 9-16. Herbig: Each Mic-ICC 124 instance provides an enhanced single-channel speech signal. The controller 128 within the dynamic audio routing matrix 120 identifies which acoustic zone is active in order to pass through the corresponding input signal. The signals originating from inactive acoustic zones are suppressed by the mixer 126. [0036]).
Claim 10. The control device of claim 2, further comprising: an occupant information detection module which detects at least one of a state or an attribute of an occupant (Trestain: an occupants may wish to lower the non-speech sound, col. 12, line 51) of the moving object, wherein the control module, based on at least one of the state or the attribute of the occupant detected by the occupant information detection module, further identifies an occupant who does not require audio to be output, and controls to suppress the audio to be output to a zone in which the identified occupant located. (Trestain: The volume may be adjusted to decrease to a predefined level. That is, the volume may decrease, but still be audible to the occupants. The volume may be completely muted. The playback may be paused completely. Additionally or alternatively, the volume may be faded down to a mute, or faded down to a predetermined level. The volume level may be predefined by the user, user preferences, etc., col. 13, lines 9-16. Herbig: Each Mic-ICC 124 instance provides an enhanced single-channel speech signal. The controller 128 within the dynamic audio routing matrix 120 identifies which acoustic zone is active in order to pass through the corresponding input signal. The signals originating from inactive acoustic zones are suppressed by the mixer 126. [0036]).
Claim 11. The control device of claim 3, further comprising: an occupant information detection module which detects at least one of a state or an attribute of an occupant (Trestain: an occupants may wish to lower the non-speech sound, col. 12, line 51) of the moving object, wherein the control module, based on at least one of the state or the attribute of the occupant detected by the occupant information detection module, further identifies an occupant who does not require audio to be output, and controls to suppress the audio to be output to a zone in which the identified occupant located. (Trestain: The volume may be adjusted to decrease to a predefined level. That is, the volume may decrease, but still be audible to the occupants. The volume may be completely muted. The playback may be paused completely. Additionally or alternatively, the volume may be faded down to a mute, or faded down to a predetermined level. The volume level may be predefined by the user, user preferences, etc., col. 13, lines 9-16. Herbig: Each Mic-ICC 124 instance provides an enhanced single-channel speech signal. The controller 128 within the dynamic audio routing matrix 120 identifies which acoustic zone is active in order to pass through the corresponding input signal. The signals originating from inactive acoustic zones are suppressed by the mixer 126. [0036]).
. Claim 16. The control device of claim 1, wherein the moving object is a vehicle. (See the independent claims).
Claim 17. A content viewing control system comprising: the control device of claim 1; and the display device. (See the independent claims).
Claim 18. A moving object comprising the control device of claim 1. (See the independent claims).
Allowable Subject Matter
Claim 4-7, 9, 12-15: are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUNG-HOANG J. NGUYEN whose telephone number is (571)270-1949. The examiner can normally be reached Reg. Sched. 6:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUNG-HOANG J NGUYEN/Primary Examiner, Art Unit 2691