DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 15/660,375, filed on 12/08/2017.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/27/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12,192,564. Although the claims at issue are not identical, they are not patentably distinct from each other, as the main difference in the claim limitations is the addition of details regarding a type of 3D method and a type of 3D viewing glasses.
Application No. 18/961,766
U.S. Patent No. 12,192,564
Claim 1
Claim 1
A display apparatus comprising:
A display apparatus comprising:
an interface circuitry configured to receive video content and content information including information which identifies whether or not video content is 3D video content;
an interface circuitry configured to receive video content and content information including information which identifies whether or not video content is 3D video content;
a video processor configured to conduct video processing of video content;
a video processor configured to conduct video processing of video content;
an operation instruction receiver configured to receive an operation instruction by the viewer;
an operation instruction receiver configured to receive an operation instruction by the viewer;
a display configured to display video content in 3D view or in 2D view; and
a display configured to display video content in 3D view or in 2D view; and
a processor,
a processor,
wherein in a case where the content information received via the interface circuitry indicates that the video content to be received is 3D video content, the processor is configured to:
wherein in a case where the content information received via the interface circuitry indicates that the video content to be received is 3D video content, the processor is configured to:
obtain a 3D method type included in the content information received via the interface circuitry;
Claim 5: wherein the content information further comprises information which identifies a
3D method of the video content to be transmitted
cause the display to display an indication that 3D video content is identified; and
cause the display to display an indication that 3D video content is identified; and
cause the display to display a selection indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to allow viewing the video content in 3D view or to not allow viewing the video content in 3D view, and
cause the display to display a selection indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to allow viewing the video content in 3D view or to not allow viewing the video content in 3D view, and
wherein in a case where the content information received via the interface circuitry indicates that the video content to be received is not 3D video content,
wherein in a case where the content information received via the interface circuitry indicates that the video content to be received is not 3D video content,
the processor is configured to cause the display to not display an indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to view the video content in 3D view or to not view the video
content in 3D view.
the processor is configured to cause the display to not display an indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to view the video content in 3D view or to not view the video
content in 3D view.
Claim 2
Claim 2
wherein the processor is configured to control the video processor to conduct 3D video processing of the video content in a case where the operation instruction via the operation instruction receiver to allow viewing the video content in 3D view is input while the selection indication is displayed on the display.
wherein the processor is configured to control the video processor to conduct 3D video processing of the video content in a case where the operation instruction via the operation instruction receiver to allow viewing the video content in 3D view is input while the selection indication is displayed on the display.
Claim 3
Claim 3
wherein the processor is configured to control the video processor to conduct 2D video processing of the video content in a case where the operation instruction via the operation instruction receiver to not allow viewing the video content in 3D view is input while the selection indication is displayed on the display.
wherein the processor is configured to control the video processor to conduct 2D video processing of the video content in a case where the operation instruction via the operation instruction receiver to not allow viewing the video content in 3D view is input while the selection indication is displayed on the display.
Claim 4
Claim 4
wherein the processor is configured to control the video processor to conduct 2D video processing of the video content in a case where the operation instruction via the operation instruction receiver to erase the selection indication is input without
performing a selection operation to the selection indication while the selection indication is displayed on the display.
wherein the processor is configured to control the video processor to conduct 2D video processing of the video content in a case where the operation instruction via the operation instruction receiver to erase the selection indication is input without
performing a selection operation to the selection indication while the selection indication is displayed on the display.
Claim 5
Claim 5
wherein the content information further comprises information which identifies a 3D method of the video content to be transmitted, and
wherein the content information further comprises information which identifies a 3D method of the video content to be transmitted, and
wherein the processor is configured to control the video processor to conduct 3D video processing of the video content if the display apparatus supports a 3D method indicated by the content information.
wherein the processor is configured to control the video processor to conduct 3D video processing of the video content if the display apparatus supports a 3D method indicated by the content information.
Claim 6
Claim 6
wherein the content information further comprises information which identifies a 3D method of the video content to be transmitted, and
wherein the content information further comprises information which identifies a 3D method of the video content to be transmitted, and
wherein the processor is configured to control the video processor to conduct 2D video processing of the video content if the display apparatus does not support a 3D method indicated by the content information.
wherein the processor is configured to control the video processor to conduct 2D video processing of the video content if the display apparatus does not support a 3D method indicated by the content information.
Claim 7
Claim 7
wherein it is necessary to wear glasses for viewing a video content in 3D view in order for the viewer to view the video content in 3D view in a case where viewing the video content in 3D view is allowed by the operation instruction.
wherein it is necessary to wear glasses for viewing a video content in 3D view in order for the viewer to view the video content in 3D view in a case where viewing the video content in 3D view is allowed by the operation instruction.
Claim 10
Claim 8
A display apparatus comprising:
A display apparatus comprising:
an interface circuitry configured to receive video content and content information including information which identifies whether or not video content is 3D video content;
an interface circuitry configured to receive video content and content information including information which identifies whether or not video content is 3D video content;
a video processor configured to conduct video processing of video content;
a video processor configured to conduct video processing of video content;
an operation instruction receiver configured to receive an operation instruction by the viewer;
an operation instruction receiver configured to receive an operation instruction by the viewer;
a display configured to display video content in 3D view or in 2D view; and
a display configured to display video content in 3D view or in 2D view; and
a processor,
a processor,
wherein in a case where the content information received via the interface circuitry indicates that the video content to be received is 3D video content,
wherein in a case where the content information received via the interface circuitry indicates that the video content to be received is 3D video content,
the processor is configured to:
the processor is configured to:
obtain a 3D method type included in the content information received via the interface circuitry;
Claim 11: wherein the content information further comprises information which identifies a
3D method of the video content to be transmitted
cause the display to display an indication that 3D video content is identified;
cause the display to display an indication that 3D video content is identified;
cause the display to display a selection indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to allow viewing the video content in 3D view or to not allow viewing the video content in 3D view;
cause the display to display a selection indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to allow viewing the video content in 3D view or to not allow viewing the video content in 3D view;
control the video processor to conduct 3D video processing of the video content in a case where the operation instruction via the operation instruction receiver to allow viewing the video content in 3D view is input while the selection indication is displayed on the display; and
control the video processor to conduct 3D video processing of the video content in a case where the operation instruction via the operation instruction receiver to allow viewing the video content in 3D view is input while the selection indication is displayed on the display; and
control the video processor to conduct 2D video processing of the video content in a case where the operation instruction via the operation instruction receiver to not allow viewing the video content in 3D view is input while the selection indication is displayed on the display, and
control the video processor to conduct 2D video processing of the video content in a case where the operation instruction via the operation instruction receiver to not allow viewing the video content in 3D view is input while the selection indication is displayed on the display, and
wherein it is necessary to wear glasses for viewing a video content in 3D view in order for the viewer to view the video content in 3D view in a case where viewing the video content in 3D view is allowed by the operation instruction.
wherein it is necessary to wear glasses for viewing a video content in 3D view in order for the viewer to view the video content in 3D view in a case where viewing the video content in 3D view is allowed by the operation instruction.
Claim 11
Claim 9
wherein in a case where the content information received via the interface circuitry indicates that the video content to be received is not 3D video content,
wherein in a case where the content information received via the interface circuitry indicates that the video content to be received is not 3D video content,
the processor is configured to cause the display to not display an indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to view the video content in 3D view or to not view the video
content in 3D view.
the processor is configured to cause the display to not display an indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to view the video content in 3D view or to not view the video
content in 3D view.
Claim 12
Claim 10
wherein the processor is configured to control the video processor to conduct 2D video processing of the video content in a case where the operation instruction via the operation instruction receiver to erase the selection indication is input without
performing a selection operation to the selection indication while the selection indication
is displayed on the display.
wherein the processor is configured to control the video processor to conduct 2D video processing of the video content in a case where the operation instruction via the operation instruction receiver to erase the selection indication is input without
performing a selection operation to the selection indication while the selection indication
is displayed on the display.
Claim 13
Claim 11
wherein the content information further comprises information which identifies a 3D method of the video content to be transmitted, and
wherein the content information further comprises information which identifies a 3D method of the video content to be transmitted, and
wherein the processor is configured to control the video processor to conduct 3D video processing of the video content if the display apparatus supports a 3D method indicated by the content information.
wherein the processor is configured to control the video processor to conduct 3D video processing of the video content if the display apparatus supports a 3D method indicated by the content information.
Claim 14
Claim 12
wherein the content information further comprises information which identifies a 3D method of the video content to be transmitted, and
wherein the content information further comprises information which identifies a 3D method of the video content to be transmitted, and
wherein the processor is configured to control the video processor to conduct 2D video processing of the video content if the display apparatus does not support a 3D method indicated by the content information.
wherein the processor is configured to control the video processor to conduct 2D video processing of the video content if the display apparatus does not support a 3D method indicated by the content information.
Claims 1-16 are additionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 10,200,743. Although the claims at issue are not identical, they are not patentably distinct from each other for similar reasons to those discussed above.
Claims 1-16 are additionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 9,749,675. Although the claims at issue are not identical, they are not patentably distinct from each other for similar reasons discussed above.
Claims 1-16 are additionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,363,326. Although the claims at issue are not identical, they are not patentably distinct from each other because both sets of claims indicate three options for cases to occur: no 3D content being included, and thus 2D video processing occurs without need for user determination of whether to display 3D or not; 3D content is included, and the viewer determination is to display in 3D, so the video processor does 3D processing; and 3D content is included, but the viewer determination doesn't want 3D, so 2D processing occurs.
Claims 1-16 are additionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,831,945. Although the claims at issue are not identical, they are not patentably distinct from each other for similar reasons discussed above.
Allowable Subject Matter
Claims 1-16 are objected to as being rejected on the grounds of non-statutory double patenting, but would be allowable if the double patenting rejections were to be overcome, such as through the filing of a Terminal Disclaimer in compliance with 37 CFR 1.321(b).
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach or suggest the combination of limitations presented in the independent claims, with specific regard to wherein in a case where the content information received via the network interface circuitry indicates that the video content to be transmitted includes 3D video content, the processor is configured to cause the display to display an indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to choose to view the video content in 3D view or to view the video content in 2D view, and wherein in a case where the content information received via the network interface circuitry indicates that the video content to be transmitted does not include 3D video content, the processor is configured to cause the display to not display an indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to choose to view the video content in 3D view or to view the video content in 2D view.
The closest prior art of reference, Kim et al. (U.S. Publication No. 2008/0303832), describes an apparatus for displaying an image bitstream that includes a display mode information extraction unit that receives image data with header information relating to whether to display the image data in a 3D mode or a 2D mode, but does not expressly disclose wherein in a case where the content information received via the network interface circuitry indicates that the video content to be transmitted includes 3D video content, the processor is configured to cause the display to display an indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to choose to view the video content in 3D view or to view the video content in 2D view, and wherein in a case where the content information received via the network interface circuitry indicates that the video content to be transmitted does not include 3D video content, the processor is configured to cause the display to not display an indication for requesting a viewer to input an operation instruction via the operation instruction receiver to select whether to choose to view the video content in 3D view or to view the video content in 2D view.
Conclusion
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/TYLER B. EDWARDS/
Examiner
Art Unit 2488
/SATH V PERUNGAVOOR/Supervisory Patent Examiner, Art Unit 2488
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