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 .
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.
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Claims19-34 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims1-3, 7-14, 17-18 of U.S. Patent No. 12,273,602. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent anticipate the claims of the present application.
Patent No.12,273,602
Application No.19/048,397
Claim1 recites a reception apparatus comprising:
a display;
a network interface;
a sensor unit including a camera;
and circuitry configured to: receive an image content;
transmit to a server via the network interface, viewing environment information including sensing information generated by the sensor unit;
receive from the server via the network interface, metadata for image quality adjustment in accordance with the viewing environment information;
and perform image quality adjustment processing on the image content on a basis of the metadata for image quality adjustment, wherein the circuitry is configured to apply the image quality adjustment to an image of the image content to obtain a processed image, and wherein the display is configured to display the processed image.
Claim19 recites reception apparatus comprising:
a display;
a network interface;
a sensor unit;
and circuitry configured to:
transmit to a server via the network interface, viewing environment information including sensing information generated by the sensor unit;
and perform image quality adjustment processing on an image content in accordance with viewing
environment information for image quality adjustment to obtain a processed image;
wherein the display is configured to display the processed image.
Claim2 recites the reception apparatus according to claim 1, wherein the circuitry is configured to receive the image content from a broadcast unit, the server being associated with the broadcast unit.
Claim20 recites the reception apparatus according to claim 19, wherein the circuitry is configured to receive the image content from a broadcast unit, the server being associated with the broadcast unit
Claim3 recites the reception apparatus according to claim 1, wherein the circuitry is configured to receive the image content from a broadcast unit, the server being independent from the broadcast unit.
Claim21 recites the reception apparatus according to claim 19, wherein the circuitry is configured to receive the image content from a broadcast unit, the server being independent from the broadcast unit
Claim7 recites the reception apparatus according to claim 1, wherein the viewing environment information includes the sensing information and display information.
Claim22 recites the reception apparatus according to claim 19, wherein the viewing
environment information includes the sensing information and display information.
Claim8 recites the reception apparatus according to claim 1, wherein the sensing information includes at least one of light brightness information, light color information, or wall color information.
Claim23 recites the reception apparatus according to claim 19, wherein the sensing information includes at least one of light brightness information, light color information, or wall color information.
Claim9 recites the reception apparatus according to claim 1, wherein the network interface is an internet interface.
Claim24 recites the reception apparatus according to claim 19, wherein the network interface is an internet interface
Claim10 recites the reception apparatus according to claim 1, wherein the viewing environment information includes at least any of display size information, and viewing position information.
Claim25 recites the reception apparatus according to claim 19, wherein the viewing
environment information includes at least any of display size information and viewing position information.
Claim11 recites the reception apparatus according to claim 1, wherein the sensing information includes at least any of light color information or wall color information.
Claim26 recites the reception apparatus according to claim 19, wherein the sensing information includes at least any of light color information and wall color information.
Claim12 recites reception method comprising:
receiving an image content;
transmit to a server via a network interface, viewing environment information including sensing information generated by a sensor unit including a camera; receiving from the server via the network interface, metadata for image quality adjustment in accordance with the viewing environment information; performing image quality adjustment processing on the image content on a basis of the metadata for image quality adjustment; applying the image quality adjustment to an image of the image content to obtain a processed image;
and displaying the processed image by a display of the reception apparatus.
Claim27 recites a reception method for a reception apparatus comprising:
receiving an image content;
transmitting to a server via a network interface, viewing environment information including sensing information generated by a sensor unit;
performing image quality adjustment processing on an image content in accordance with viewing environment information for image quality adjustment to obtain a processed image;
and displaying the processed image by a display of the reception apparatus.
Claim2 recites the reception apparatus according to claim 1, wherein the circuitry is configured to receive the image content from a broadcast unit, the server being associated with the broadcast unit.
Claim28 recites the reception method according to claim 27, wherein the method comprises receiving the image content from a broadcast unit, the server being associated with the broadcast unit.
Claim3 recites the reception apparatus according to claim 1, wherein the circuitry is configured to receive the image content from a broadcast unit, the server being independent from the broadcast unit.
Claim29 recites the reception method according to claim 27, wherein the method comprises receiving the content from a broadcast unit, the server being independent from the broadcast unit.
Claim14 recites the reception method according to claim 12, wherein the viewing environment information includes the sensing information and display information.
Claim30 recites the reception method according to claim 27, wherein the viewing environment information includes the sensing information and display information.
Claim17 recites the reception method according to claim 12, wherein the sensing information includes at least one of light brightness information, light color information, or wall color information.
Claim31 recites the reception method according to claim 27, wherein the sensing information includes at least one of light brightness information, light color information, or wall color information.
Claim13 recites the reception method according to claim 12, wherein the network interface is an internet interface.
Claim32 recites the reception method according to claim 27, wherein the network interface is an internet interface.
Claim18 recites the reception method according to claim 12, wherein the viewing environment information includes at least any of light color information, wall color information, display size information, or viewing position information.
Claim33 recites the reception method according to claim 27, wherein the viewing environment information includes at least any of display size information and viewing position information.
Claim17 recites the reception method according to claim 12, wherein the sensing information includes at least one of light brightness information, light color information, or wall color information.
Claim34 recites the reception method according to claim 27, wherein the sensing information includes at least any of light color information and wall color information.
Claim Rejections - 35 USC § 102
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.
Claims19-34 are rejected under 35 U.S.C. 102(a)(1) as being disclosed by Higuchi et al US 2013/0314549(hereinafter Higuchi).
Regarding claim19, Higuchi discloses a reception apparatus comprising: a display(fig. 1, 3 display device 7); a network interface(fig. 1 internet 26); a sensor unit(fig. 1 electronic apparatus comprising camera 30); and circuitry configured to: transmit to a server via the network interface, viewing environment information including sensing information generated by the sensor unit([0028], the electronic apparatus (tablet PC) 100 according to the embodiment is connected to the cloud server 27 via the Internet 26. For example, the system may be configured so that an image taken by the electronic apparatus (tablet PC) 100 is sent to the cloud server 27 and all or part of the camera calibration and the processing of calculating image quality adjustment information using calibration results and the shot image are performed by the cloud server 27); and perform image quality adjustment processing on an image content in accordance with viewing environment information for image quality adjustment to obtain a processed image([0028], the video display apparatus receives the calculated image quality adjustment information and performs image quality adjustments on itself using the received image quality adjustment information); wherein the display is configured to display the processed image([0028], performs image quality adjustments on itself using the received image quality adjustment information).
Regarding claim20, Higuchi discloses the reception apparatus according to claim 19, wherein the circuitry is configured to receive the image content from a broadcast unit, the server being associated with the broadcast unit ([0028], server, [0041], broadcast program, fig. 3 broadcast station).
Regarding claim21, Higuchi discloses the reception apparatus according to claim 19, wherein the circuitry is configured to receive the image content from a broadcast unit, the server being independent from the broadcast unit ([0028], server, [0041], broadcast program, fig. 3 broadcast station).
Regarding claim22, Higuchi discloses the reception apparatus according to claim 19, wherein the viewing environment information includes the sensing information and display information ([0059], captured image of the screen of the video display apparatus with an optimum background area)).
Regarding claim23, Higuchi discloses the reception apparatus according to claim 19, wherein the sensing information includes at least one of light brightness information, light color information, or wall color information ([0025], environmental factor includes room brightness, [0063-0064], dark room/brightness).
Regarding claim24, Higuchi discloses the reception apparatus according to claim 19, wherein the network interface is an internet interface (fig. 1 internet 26).
Regarding claim25, Higuchi discloses the reception apparatus according to claim 19, wherein the viewing environment information includes at least any of display size information and viewing position information ([0059], viewing distance information).
Regarding claim26, Higuchi discloses the reception apparatus according to claim 19, wherein the sensing information includes at least any of light color information and wall color information ([0025], environmental factor includes room brightness, [0063-0064], dark room/brightness).
Claim27 is rejected for similar reason as discussed in claim19 above.
Claim28 is rejected for similar reason as discussed in claim20 above.
Claim29 is rejected for similar reason as discussed in claim21 above.
Claim30 is rejected for similar reason as discussed in claim22 above.
Claim31 is rejected for similar reason as discussed in claim23 above.
Claim32 is rejected for similar reason as discussed in claim24 above.
Claim33 is rejected for similar reason as discussed in claim25 above.
Claim34 is rejected for similar reason as discussed in claim26 above.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIRUMSEW WENDMAGEGN whose telephone number is (571)270-1118. The examiner can normally be reached 9:00-7:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Tran can be reached at (571) 272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GIRUMSEW WENDMAGEGN
Primary Examiner
Art Unit 2484
/GIRUMSEW WENDMAGEGN/ Primary Examiner, Art Unit 2484