DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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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Claims 1-6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 12,284,326 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the instant application are covered by the scope of the limitations recited in U.S. Patent No. 12,284,326 B2 with obvious wording variations as shown in the rejection below:
Instant Application No. 19/082,446
U.S. Patent No. 12284326
1. A display device comprising: a digital interface configured to receive a signal including video program content and video program information, the video program information relating to the video program content; a separator configured to separate the video program content and the video program information from the received signal; a display configured to display video; and a microprocessor configured to control switching of states to display, on the display, a 2D video or a 3D video of video data of the video program content received by the digital interface and to control displaying, on the display, a program display which displays information about the video program content displayed on the display based on the video program information, and configured to control the digital interface, the separator, and the display, wherein the video program information includes first identification information, second identification information and third identification information, the first identification information indicating whether the video program content is a 2D video content or a 3D video content, the second identification information indicating an arrangement scheme for identifying the arrangement scheme indicating in what arrangement the video data stream of the video program content contains different images for different viewpoints when the video program content is the 3D video content, and the third identification information indicating an aspect ratio for displaying the video program content, wherein the microprocessor is configured to: display, on the display, the 2D video or the 3D video of the video program content based on the first identification information, the second identification information and the third identification information; and display, on the display, the program display including information indicating the video program content is a 3D video content, information indicating the arrangement scheme based on the second identification information, and the aspect ratio based on the third identification information when the first identification information indicates the video program content is a 3D video content.
1. A display device comprising: a digital interface configured to receive a signal including video program content and video program information, the video program information relating to the video program content; a separator configured to separate the video program content and the video program information from the received signal; a display configured to display video; and a microprocessor configured to control switching of states to display, on the display, a 2D video or a 3D video of video data of the video program content received by the digital interface and to control displaying, on the display, a program display which displays information about the video program content displayed on the display based on the video program information, and configured to control the digital interface, the separator, and the display, wherein the video program information includes first identification information, second identification information and third identification information, the first identification information indicating whether the video program content is a 2D video content or a 3D video content, the second identification information indicating an arrangement scheme for identifying the arrangement scheme indicating in what arrangement the video data stream of the video program content contains different images for different viewpoints when the video program content is the 3D video content, and the third identification information indicating a resolution of the video program content, wherein the microprocessor is configured to: display, on the display, the 2D video or the 3D video of the video program content based on the first identification information, the second identification information and the third identification information; and display, on the display, the program display including information indicating the video program content is a 3D video content, information indicating the arrangement scheme based on the second identification information and resolution information of the video program content based on the third identification information when the first identification information indicates the video program content is a 3D video content.
Claim 2 of the instant application corresponds to claim 2 of U.S. Patent No. 12,284,326 B2.
Claim 3 of the instant application corresponds to claim 3 of U.S. Patent No. 12,284,326 B2.
Claim 4 of the instant application corresponds to claim 4 of U.S. Patent No. 12,284,326 B2.
Claim 5 of the instant application corresponds to claim 5 of U.S. Patent No. 12,284,326 B2.
Claim 6 of the instant application corresponds to claim 6 of U.S. Patent No. 12,284,326 B2.
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: “a digital interface configured to receive a signal including video program content …”, “a separator configured to separate the video program content and the video program information …” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
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 § 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.
Claim limitation “digital interface configured to receive a signal…” and “a separator configured to separate the video program …” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 2-3 are rejected based on claim dependency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lin et al., (U.S. Pub. No. 2013/0127990 A1), “Video Processing Apparatus for Generating Video Output Satisfying Display Capability of Displaying Device According to Video Input and Related Method Thereof”
Song et al., (U.S. Pub. No. 2011/0090304 A1), “Method For Indicating 3D Contents And Apparatus for Processing A Signal”
Kanemaru et al., (U.S. Pub. No. 2011/0078737 A1), “Receiver Apparatus and Reproducing Apparatus”.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA PRINCE whose telephone number is (571)270-1821. The examiner can normally be reached M-F 7:30-3:30 P.M..
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JESSICA PRINCE
Examiner
Art Unit 2486
/JESSICA M PRINCE/Primary Examiner, Art Unit 2486
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