DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Claim Objections
Claim 10 and 13 are objected to because of the following informalities:
Claim 10 recites “the display unit are connected by an HDMI® cable”, please remove the mark after HDMI.
Claim 13 recites “in a case where the selection unit starts to continuously change the reproduction target content, the control unit changes the setting information”, claim 1 recites “the control unit controls not to change the setting information based on the reproduction target content in a case where the selection unit continuously changes the reproduction target content”. claim 13 depends on claim 1 and is conflicting with claim 1, please amend or delete claim 13.
Appropriate correction is required.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: selection unit, decode unit, resize unit and determination unit in claim 1-13.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 of this title, 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 1-3, 6-11 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ichikawa U.S. Patent Application 20060070000 in view of Nishiguchi U.S. Patent Application 20190199904.
Regarding claim 1, Ichikawa discloses a display control apparatus comprising:
a selection unit; This element is interpreted under 35 U.S.C. 112(f) as the hardware, or the software and processor, with the algorithm described in the specification (buttons and CPU 20) that selects target content from a plurality of content (paragraph [0055]: FIG. 4, the image display device 10 judges whether a folder in which image data to be displayed in the slide show are stored is selected by the user (step S10). Namely, the user operates the menu button B10, the OK button B12, the cancel button B14, and the movement buttons B20, B22, B24, and B26 to specify the folder in which the image data to be displayed in the slide show are stored);
an output unit (display controller 52) that outputs, to a display unit (display screen 54), the target content selected by the selection unit (paragraph [0057]: when the instruction to start the slide show is inputted by the user (step S12: YES), display of the image data in the slide show is started (step S14)); and
a control unit (CPU 20) that controls setting information concerning a display characteristic set in the output unit and the display unit (paragraph [0047]: the CPU 20 transmits image data to be displayed to the display controller 52 via the dedicated bus 50, the display controller 52 controls the display screen 54 based on the image data, and displays the image data on the display screen 54; paragraph [0006]: Various settings of the slide show such as these image switching time interval, effect, and BGM can be set from a setting screen by the user at the user's discretion),
wherein the control unit controls not to change the setting information based on the target content in a case where the selection unit continuously changes the target content (paragraph [0063]: the image display device 10 judges whether all the image data under the folder selected by the user are displayed in the slide show (step S18). When all the image data are not displayed (step S18: NO), the image display device 10 continues the slide show (step S22)), and
to change the setting information based on the target content in a case where the selection unit does not continuously change the target content (paragraph [0064] On the other hand, when all the image data under the folder selected by the user are displayed (step S18: YES), the image display device 10 ends the slide show (step S24); paragraph [0116]: The menu screen displayer 110 may display a menu screen to allow the user to change a setting of the slide show setting information after the temporary stopper 104 temporarily stops the slide show display).
Ichikawa discloses all the features with respect to claim 1 as outlined above. However, Ichikawa fails to disclose selecting reproduction target content from a plurality of content.
Nishiguchi discloses selecting reproduction target content from a plurality of content (paragraph [0184]: In S807, the system control unit 50 performs the moving image reproduction processing. Thereby the progressing images of the moving image are displayed on the display unit 28); and
not to change the setting information based on the reproduction target content in a case where the selection unit continuously changes the reproduction target content (paragraph [0228]: In S1614, the system control unit 50 displays a display target image; paragraph [0230]: In S1616, the system control unit 50 acquires information of the image that is displayed next; see fig. 16B, not to change the setting information if next image is displayed at predetermined time).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa’s to display reproduction image as taught by Nishiguchi, to appropriately display various images.
Regarding claim 2, Ichikawa as modified by Nishiguchi discloses the apparatus according to claim 1, further comprising:
a decode unit; This element is interpreted under 35 U.S.C. 112(f) as the circuitry, or the software and processor, with the algorithm described in the specification (Nishiguchi’s control unit 50) that decodes the content selected by the selection unit; and a resize unit; This element is interpreted under 35 U.S.C. 112(f) as the circuitry, or the software and processor, with the algorithm described in the specification (Nishiguchi’s control unit 50) that resizes the decoded content in accordance with a resolution of the display unit (Nishiguchi’s paragraph [0228]: the system control unit 50 decodes and resizes the format size of the developed image to a format size that can be displayed on the display unit 28 and the external display unit 301).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa’s to display reproduction image as taught by Nishiguchi, to appropriately display various images.
Regarding claim 3, Ichikawa as modified by Nishiguchi discloses the apparatus according to claim 1, wherein the control unit sets a standby time in a case where the reproduction target content is not continuously changed (Nishiguchi’s paragraph [0240]: In S1710, the system control unit 50 determines whether a predetermined time (time longer than the time estimated required for the SDR connection processing; at least 5 seconds) has elapsed since output of the first frame... S1710 (standby for a predetermined time)), and
changes the setting information in accordance with the content selected by the selection unit when the standby time elapses after the continuous change of the reproduction target content is stopped (Ichikawa’s paragraph [0116]: The menu screen displayer 110 may display a menu screen to allow the user to change a setting of the slide show setting information after the temporary stopper 104 temporarily stops the slide show display).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa’s to display reproduction image as taught by Nishiguchi, to appropriately display various images.
Regarding claim 6, Ichikawa as modified by Nishiguchi discloses the apparatus according to claim 1, wherein the content is an image including one of a still image and a moving image, and the display control apparatus is an image capture apparatus that generates the content (Nishiguchi’s paragraph [0062]: The LV button 76 is a button to switch ON/OFF the live-view (LV) in the still image capturing mode. In the moving image capturing mode, the LV button 76 is used to instruct a start or stop of the moving image capturing (recording)).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa’s to display reproduction image as taught by Nishiguchi, to appropriately display various images.
Regarding claim 7, Ichikawa as modified by Nishiguchi discloses the apparatus according to claim 6, wherein the display unit is an external apparatus connected to the image capture apparatus (Nishiguchi’s paragraph [0228]: the system control unit 50 decodes and resizes the format size of the developed image to a format size that can be displayed on the display unit 28 and the external display unit 301), and
the display unit is in a blackout state while the setting information is changed (Nishiguchi’s paragraph [0258]: While performing the SDR connection processing in S1707, the output of the image is stopped so that display during switching of the connection mode is not seen, and the display screen of the external display unit 301 shifts from the screen 1810 to the screen 1820 (see fig. 18A black screen)).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa’s to display reproduction image as taught by Nishiguchi, to appropriately display various images.
Regarding claim 8, Ichikawa as modified by Nishiguchi discloses the apparatus according to claim 1, wherein the display characteristic includes an expressible color gamut and gamma characteristic of the content (Nishiguchi’s paragraph [0199]: If the gradation resolution of the image is increased from the gradation resolution specified in BT. 601 to the gradation resolution specified in BT. 2020, the color gamut (range of colors that can be expressed) expands; paragraph [0208]: A pseudo-HDR image having a gradation characteristic referred to as a hybrid log gamma (HLG) may be acquired).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa’s to display reproduction image as taught by Nishiguchi, to appropriately display various images.
Regarding claim 9, Ichikawa as modified by Nishiguchi discloses the apparatus according to claim 8, wherein the content includes High Dynamic Range (HDR) content and Standard Dynamic Range (SDR) content (Nishiguchi’s paragraph [0270]: the display unit 28 is capable of performing the HDR display, and an HDR display mode or an SDR display mode can be selected and set as a display mode for the display unit 28), and
a color gamut and a gamma characteristic of the SDR content are BT601 and sRGB, and a color gamut and a gamma characteristic of the HDR content are BT2020 and PQ (Nishiguchi’s paragraph [0199]: If the gradation resolution of the image is increased from the gradation resolution specified in BT. 601 to the gradation resolution specified in BT. 2020, the color gamut (range of colors that can be expressed) expands; paragraph [0208]: A pseudo-HDR image having a gradation characteristic referred to as a hybrid log gamma (HLG) may be acquired; paragraph [0200]: the image with RGB (linear characteristic, BT 2020) is converted into an image with RGB (ST. 2084, BT. 2020). The gradation characteristic specified in ST. 2084 is called “perceptual quantization” (PQ)).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa’s to display reproduction image as taught by Nishiguchi, to appropriately display various images.
Regarding claim 10, Ichikawa as modified by Nishiguchi discloses the apparatus according to claim 1, wherein the output unit and the display unit are connected by an HDMI® cable, and the setting information is an HDMI connection setting (Nishiguchi’s paragraph [0073]: The output I/F 91 of the digital camera 100 and the external apparatus 300 can be connected using an HDMI (registered trademark) cable 302, which is a connection cable; paragraph [0122]: an HDMI connection is used for connection with the external apparatus 30X)).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa’s to display reproduction image as taught by Nishiguchi, to appropriately display various images.
Regarding claim 11, Ichikawa as modified by Nishiguchi discloses the apparatus according to claim 1, wherein the control unit controls not to change the setting information based on the reproduction target content in a case where the selection unit continuously changes the reproduction target content, and to output, by the output unit, the reproduction target content converted in accordance with the setting information in a case where a display characteristic of the reproduction content does not match the setting information set in the output unit and the display unit (Ichikawa’s paragraph [0063]: the image display device 10 judges whether all the image data under the folder selected by the user are displayed in the slide show (step S18). When all the image data are not displayed (step S18: NO), the image display device 10 continues the slide show (step S22); Nishiguchi’s paragraph [0229]: If the display target is a moving image, it is determined in the processing in S1615 whether the moving image was reproduced until the end or whether the image switching operation was performed, instead of determining whether the predetermined time has elapsed. Processing advances to S1616 if either the moving image was reproduced until the end or the image switching operation was performed, or to S1617 if not).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa’s to display reproduction image as taught by Nishiguchi, to appropriately display various images.
Claim 14 recites the functions of the apparatus recited in claim 1 as method steps. Accordingly, the mapping of the prior art to the corresponding functions of the apparatus in claim 1 applies to the method steps of claim 14.
Claim 15 recites the functions of the apparatus recited in claim 1 as medium steps. Accordingly, the mapping of the prior art to the corresponding functions of the apparatus in claim 1 applies to the medium steps of claim 15.
Claim 4-5 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ichikawa U.S. Patent Application 20060070000 in view of Nishiguchi U.S. Patent Application 20190199904, and further in view of Iwami U.S. Patent Application 20110249181.
Regarding claim 4, Ichikawa as modified by Nishiguchi discloses all the features with respect to claim 1 as outlined above. However, Ichikawa as modified by Nishiguchi fails to disclose a determination unit that determines whether a content is the same as current setting information, wherein the control unit sets the standby time in a case where there is a difference between the content and the current setting information to a time longer than the standby time in a case where the content is the same as the current setting information.
Iwami discloses a determination unit; This element is interpreted under 35 U.S.C. 112(f) as the circuitry, or the software and processor, with the algorithm described in the specification (CPU 201) that determines whether a content is the same as current setting information, wherein the control unit sets the standby time in a case where there is a difference between the content and the current setting information to a time longer than the standby time in a case where the content is the same as the current setting information (paragraph [0261]: when difficult image data is coded, processing is performed which changes the standby times so as to increase the standby time of the buffer used for transmission).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa and Nishiguchi’s to increase standby time as taught by Iwami, to achieve high image quality and high-precision synchronization.
Regarding claim 5, Ichikawa as modified by Nishiguchi and Iwami discloses the apparatus according to claim 3, wherein the control unit changes the standby time in accordance with a method of changing the reproduction target content (Iwami’s paragraph [0261]: when difficult image data is coded, processing is performed which changes the standby times so as to increase the standby time of the buffer used for transmission).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa and Nishiguchi’s to increase standby time as taught by Iwami, to achieve high image quality and high-precision synchronization.
Regarding claim 12, Ichikawa as modified by Nishiguchi and Iwami discloses the apparatus according to claim 1, wherein
in a case where the selection unit starts to continuously change the reproduction target content, the control unit obtains display characteristics of a plurality of candidate content that may be selected next after the content selected by the selection unit, in a case where a ratio of content of a specific display characteristic among the display characteristics of the plurality of candidate content is not lower than a predetermined ratio, the control unit changes the setting information in accordance with the specific display characteristic (Nishiguchi’s paragraph [0229]: If the display target is a moving image, it is determined in the processing in S1615 whether the moving image was reproduced until the end or whether the image switching operation was performed, instead of determining whether the predetermined time has elapsed; Iwami’s paragraph [0261]: when difficult image data is coded, processing is performed which changes the standby times so as to increase the standby time of the buffer used for transmission), and
the control unit maintains the changed setting information until the continuous change of the reproduction target content ends (Nishiguchi’s paragraph [0229]: Processing advances to S1616 if either the moving image was reproduced until the end or the image switching operation was performed, or to S1617 if not).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa and Nishiguchi’s to increase standby time as taught by Iwami, to achieve high image quality and high-precision synchronization.
Regarding claim 13, Ichikawa as modified by Nishiguchi and Iwami discloses the apparatus according to claim 12, wherein in a case where the selection unit starts to continuously change the reproduction target content, the control unit changes the setting information to information suitable for Standard Dynamic Range (SDR) content or High Dynamic Range (HDR) content, the number of which is larger in the candidate content (Nishiguchi’s paragraph [0229]: If the display target is a moving image, it is determined in the processing in S1615 whether the moving image was reproduced until the end or whether the image switching operation was performed, instead of determining whether the predetermined time has elapsed. Processing advances to S1616 if either the moving image was reproduced until the end or the image switching operation was performed, or to S1617 if not; paragraph [0195]: in the case of outputting images in the HDR connection mode, if a moving image is selected by the image switching operation, the image converted into a pseudo-HDR image in S618 is outputted as the representative image of the moving image which is displayed first after the image switching operation).
Therefore, it would have been obvious before the effective filing date of the claimed invention to combine Ichikawa and Nishiguchi’s to increase standby time as taught by Iwami, to achieve high image quality and high-precision synchronization.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yi Yang whose telephone number is (571)272-9589. The examiner can normally be reached on Monday-Friday 9:00 AM-6:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Hajnik can be reached on 571-272-7642. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YI YANG/
Primary Examiner, Art Unit 2616