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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Interpretation Under - 35 USC § 112(f)
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.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
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.
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 first receiving module, a first processing module, a first display module, a second receiving module, and a second processing module claims 7 - 9.
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.
Claims 8 and 9 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 8 recites the limitations "the second display module" and “the second region”. There is insufficient antecedent basis for these limitations in the claim.
Claim 8 recites the limitations "the second display module". There is insufficient antecedent basis for this limitation in the claim.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 6 and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Otsuka (US 2023/0142944).
Regarding independent claim 1, Otsuka teaches an image display method (Figure 4), comprising:
receiving first data corresponding to a first region of an image (paragraph 56: the partial images are successively compressed and encoded in this order, and are, as indicated by an arrow, transmitted to the image processing apparatus 200 and displayed);
processing the first data (paragraph 56: while such processing as compression and encoding, transmission, decoding and decompression, and output to a display panel 94 is being performed for the uppermost partial image 92a, partial images are sequentially transmitted and displayed, as with the partial image 92b under the partial image 92a and the even lower partial image 92c); and
{1}displaying the first region of the image and concurrently with the displaying the first region of the image{1}, {2}receiving second data corresponding to a second region of the image and processing the second data{2} (paragraph 56: {1}while such processing as compression and encoding, transmission, decoding and decompression, and output to a display panel 94 is being performed for the uppermost partial image 92a{1}, {2}partial images are sequentially transmitted and displayed{2}, as with the partial image 92b under the partial image 92a and the even lower partial image 92c).
Regarding dependent claim 2, Otsuka teaches wherein the second data comprises a conversion in form and/or format from the second region of the image during the processing of the first data (paragraph 56: while such processing as compression and encoding, transmission, decoding and decompression, and output to a display panel 94 is being performed for the uppermost partial image 92a, partial images are sequentially transmitted and displayed, as with the partial image 92b under the partial image 92a and the even lower partial image 92c).
Regarding dependent claim 3, Otsuka teaches wherein the method is applied to {1}a display subject{1} (paragraph 37: The output mechanism section 102 includes a housing 108 having such a shape that left and right eyes are covered in a state where a user has mounted the head-mounted display 100, and is internally provided with {1}a display panel that faces the eyes when mounted{1}), and the displaying the first region of the image comprises:
displaying the first region of the image at a position on the display subject corresponding to the first region of the image (paragraph 55, 56 and Figure 4: partial image 92a is displayed at a position on the left and right display panels of the head-mounted display 100); and
after the displaying the first region of the image, the method further comprises:
displaying the second region of the image at a position on the display subject corresponding to the second region of the image (paragraph 55, 56 and Figure 4: subsequent partial images 92b-92e are displayed at a position on the left and right display panels of the head-mounted display 100 after the display of partial image 92a).
Regarding dependent claim 4, Otsuka teaches wherein the method is applied to {1}a first display subject and a second display subject{1} (paragraph 37: The output mechanism section 102 includes a housing 108 having such a shape that left and right eyes are covered in a state where a user has mounted the head-mounted display 100, and is internally provided with {1}a display panel that faces the eyes when mounted{1}), the first region comprises a first part and a second part, and the first data comprises data of the first part and the second part (paragraphs 55-56: each partial images 92a-92e of a frame 90 has a configuration in which a left-eye image and a right-eye image are respectively represented by regions bisected into left and right);
the displaying the first region of the image comprises:
displaying the first part of the image at a position on the first display subject corresponding to the first part (paragraph 55, 56 and Figure 4: partial image 92a is displayed at a position on the left and right display panels of the head-mounted display 100); and
displaying the second part of the image at a position on the second display subject corresponding to the second part (paragraph 55, 56 and Figure 4: partial image 92a is displayed at a position on the left and right display panels of the head-mounted display 100).
Regarding dependent claim 5, Otsuka teaches wherein the second region comprises a third part and a fourth part (paragraphs 55-56: each partial images 92a-92e of a frame 90 has a configuration in which a left-eye image and a right-eye image are respectively represented by regions bisected into left and right), and after the displaying the first region of the image, the method further comprises:
displaying the third part of the image at a position on the first display subject corresponding to the third part (paragraph 55, 56 and Figure 4: subsequent partial images 92b-92e are displayed at a position on the left and right display panels of the head-mounted display 100 after the display of partial image 92a); and
displaying the fourth part of the image at a position on the second display subject corresponding to the fourth part (paragraph 55, 56 and Figure 4: subsequent partial images 92b-92e are displayed at a position on the left and right display panels of the head-mounted display 100 after the display of partial image 92a).
Regarding dependent claim 6, Otsuka teaches wherein the processing the first data comprises: {1}processing data corresponding to the first part{1}; and {2}concurrently processing data corresponding to the second part{2} (paragraph 56: {1}while such processing as compression and encoding, transmission, decoding and decompression, and output to a display panel 94 is being performed for the uppermost partial image 92a{1}, {2}partial images are sequentially transmitted and displayed{2}, as with the partial image 92b under the partial image 92a and the even lower partial image 92c).
Regarding claim 10, claim 10 is similar in scope as to claim 1, thus the rejections for claim 1 hereinabove is applicable to claim 10. Otsuka teaches an electronic device, comprising: a processor, and a memory, communicatively coupled to the processor, wherein the memory store a program or instruction that when executed by the processor (Claim 18), implement the image display method according to claim 1.
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 7 – 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka (US 2023/0142944) in view of Lei et al. (US 2023/0308681).
Regarding dependent claim 7, Otsuka teaches <<does not disclose>> an image display apparatus (Figure 3), comprising:
a first receiving module configured for receiving first data corresponding to a first region of an image (paragraph 49: An input/output interface 202 in the image processing apparatus 200 sequentially obtains image or audio data transmitted from the server 400);
a first processing module configured for processing the first data (paragraph 50: Each time data for a partial image is stored to the partial image storage section 204, the video decoder 208 reads out this data, subjects the data to decoding and decompression by a procedure that corresponds to the encoding scheme);
a first display module configured for displaying the first region of the image (paragraph 54: Each time data for an image-processed partial image is stored to the partial image storage section 216, the display controller 220 reads out this data, and, at an appropriate timing, outputs this data to the display panel in the head-mounted display 100, the flat panel display 302, and the portable terminal 303);
a <<second>> receiving module configured for receiving second data, concurrently with displaying the first region of the image through the first display module (paragraph 49: An input/output interface 202 in the image processing apparatus 200 sequentially obtains image or audio data transmitted from the server 400), and
a <<second>> processing module configured for processing the second data (paragraph 50: Each time data for a partial image is stored to the partial image storage section 204, the video decoder 208 reads out this data, subjects the data to decoding and decompression by a procedure that corresponds to the encoding scheme).
Otsuka does not expressly disclose a second receiving module and a second processing module. Lei discloses receiving an encoded left-view and right-view bitstreams by multiple decoders (paragraphs 27 – 30 and Figure 1). Lei’s system processing left and right images by utilizing receivers, encoders, transmitters, receivers, decoders, and displays is similar endeavor as to Otsuka. It would have been obvious for one of ordinary skill in the art at the time of the invention (pre-AIA ) or at the time of the effective filing date of the application (AIA ) to achieve a predictable result of a system comprising a left receiver, a right receiver, a left decoder, and a right decoder by modifying Otsuka’s system that comprises a receiver for left and right images and a decoder for decoding the received left and right images by adding an additional receiver for receiving left images by the first receiver and receiving right images by the second receiver and an additional decoder for processing left received images by the first decoder and processing right received images by the second decoder as taught by Lei, and the result would have been predictable.
Regarding dependent claim 8, Otsuka teaches wherein the apparatus is adapted to {1}a display subject{1} (paragraph 37: The output mechanism section 102 includes a housing 108 having such a shape that left and right eyes are covered in a state where a user has mounted the head-mounted display 100, and is internally provided with {1}a display panel that faces the eyes when mounted{1});
{1}the first display module{1} is further configured for displaying the first region of the image at a position on the display subject corresponding to the first region of the image (paragraphs 55-56: each partial images 92a-92e of a frame 90 has a configuration in which a left-eye image and a right-eye image are respectively represented by regions bisected into left and right); and
{1}the second display module{1} is further configured for displaying the second region of the image at a position on the display subject corresponding to the second region of the image (paragraphs 55-56: each partial images 92a-92e of a frame 90 has a configuration in which a left-eye image and a right-eye image are respectively represented by regions bisected into left and right).
Regarding dependent claim 9, Otsuka teaches wherein the apparatus is adapted to {1}a first display subject and a second display subject{1} (paragraph 37: The output mechanism section 102 includes a housing 108 having such a shape that left and right eyes are covered in a state where a user has mounted the head-mounted display 100, and is internally provided with {1}a display panel that faces the eyes when mounted{1}), the first region comprises a first part and a second part, and the first data comprises data of the first part and the second part (paragraphs 55-56: each partial images 92a-92e of a frame 90 has a configuration in which a left-eye image and a right-eye image are respectively represented by regions bisected into left and right);
{1}the first display module{1} is further configured for displaying the first part of the image at a position on the first display subject corresponding to the first part (paragraph 55, 56 and Figure 4: partial image 92a is displayed at a position on the left and right display panels of the head-mounted display 100); and
{1}the second display module{1} is further configured for displaying the second part of the image at a position on the second display subject corresponding to the second part (paragraph 55, 56 and Figure 4: partial image 92a is displayed at a position on the left and right display panels of the head-mounted display 100).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY J CHOW whose telephone number is (571)272-8078. The examiner can normally be reached 11AM-7PM.
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/JEFFREY J CHOW/Primary Examiner, Art Unit 2618
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