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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the display" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites, in the preamble, “a method of changing a display setting in a display device…”, yet the body of the claim recites the passive operations of displaying setting information and outputting display setting information, without reciting any active steps of changing, selecting, adjusting, or updating an actual display setting or display attribute. As such, the operative steps in the body of the claim are not commensurate with the changing of a display setting, as designated in the preamble. Therefore, a person of ordinary skill in the art would be unable to determine whether the scope of claim 6 is limited to a process that alters an actual operation display parameter or is merely directed to outputting graphical information on a display. Accordingly, for the purposes of examination, claim 6 has been construed as directed to a method of outputting and displaying setting information, without requiring an affirmative step of altering or adjusting a display setting of a device
Claims 7-10 each formulated as method claims (i.e., reciting “The method of claim 1, …”), but improperly depend directly from claim 1, which is an apparatus claim (i.e., reciting “a display device, comprising…”). It is unclear whether claims 7-10 are intended to be apparatus claims directed to the physical display device of claim 1, or independent method claims that should have depended from method claim 6. This creates ambiguity regarding the statutory category and scope of the claims.
This action considers the claims as best understood.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beadell et al (U.S. 2008/0113708).
Regarding claims 1 and 6, Beadell discloses:
a display device (¶11, ¶28, ¶79-80, Fig. 1, gaming machine 2 including a main cabinet 4 and includes display devices), comprising:
a display (¶79-82, ¶139-140, Fig. 1, gaming machine 2 includes a main video display 8);
a memory configured to store instructions (¶85, ¶123-125, Fig. 2, gaming machine 2 includes a memory block 261 used for caching and/or storing data, programming instructions, etc.); and
a processor configured to execute the instructions (¶120-125, ¶129-130, gaming machine 2 includes a master gaming controller 108 and a CPU 262 having one or more processors 263 configured to execute program instructions and control operations of the machine) to:
control the memory to store display setting information representing attributes for outputting video data by the display (¶41, ¶207-208, a storage medium of the gaming device stores player tracking data which includes display parameter settings which are incorporated as buttons on button panel 6 of gaming device 2);
control the display to output the display setting information (¶206-207, a user interface which provides the levels or settings for the various buttons is provided graphically on main display 8 of gaming device 2), wherein the display setting information comprises at least one of a display setting history used during game execution or a current display setting value (¶206-208, the user interface provides at least the current settings of the display settings), and the display setting history comprises, for each game, at least one of a recently used display setting value or a frequently used display setting value (¶100-103, ¶177, ¶208, the gaming machine 2 tracks settings based on past play of gaming machine 2 or other similar machines (i.e., settings are retrieved from past play which represents recently used values from a preceding session of gameplay).
Regarding claims 2 and 7, Beadell discloses that which is discussed above, and further discloses that:
the display setting history comprises display setting values used by users other than a user of the display device when playing a specific game (¶208, the parameter settings associated with other players’ tracking information may also be retrieved by the gaming device 2).
Regarding claims 3 and 8, Beadell discloses that which is discussed above, and further discloses that:
the display setting information comprises a plurality of setting values, and the processor is further configured to execute the instructions to control the display to output the plurality of setting values together on a single screen (¶206-207, a user interface which provides the levels or settings for the various buttons is provided graphically on main display 8 of gaming device 2, wherein the levels and settings include display settings such as hue, contrast, black level, etc.).
Regarding claims 4 and 9, Beadell discloses that which is discussed above, and further discloses:
a user interface, wherein the display outputs the display setting information in response to a user input received via the user interface (¶205-207, Fig. 17A, actuation of brightness button 32j on the user interface triggers the display of the setting controls).
Regarding claims 5 and 10, Beadell discloses that which is discussed above, and further discloses:
an audio output unit (¶86, Fig. 1, gaming device 2 includes speakers 9 and 11), wherein the processor is further configured to execute the instructions to control the audio output unit to output an audio signal corresponding to a function performed by the display device (¶41, ¶86, ¶114-118, ¶206, speakers 9 and 11 output auditory sounds and notifications corresponding to game events displayed on display 8 and based on current volume adjustment operations).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Applicant is directed to the attached "Notice of References Cited" for additional relevant prior art. The Examiner respectfully requests the Applicant to fully review each reference as potentially teaching all or part of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON PINHEIRO whose telephone number is (571)270-1350. The examiner can normally be reached M-F 8:00A-4:30P ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dmitry Suhol can be reached on (571) 272-4430. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jason Pinheiro/Examiner, Art Unit 3715
/DMITRY SUHOL/Supervisory Patent Examiner, Art Unit 3715
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