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 § 103
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 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.
Claims 1-7 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over SUZUKI (US PG PUB 2014/0270692) in view of Shibagami et al. (US Pat. No. 11,683,464 hereinafter referred as Shibagami).
Regarding claim 1, Suzuki discloses a communication terminal (see figure 1 and paragraph 0271), comprising: circuitry configured to:
receive, predetermined area information and video data including a captured image, the predetermined area information corresponding to a reproduction time of the video data and indicating a predetermined area of the captured image (see paragraph 0090 terminal device 2 displays the image on display unit; see paragraphs 0096-0097 part of whole of a panoramic image; see paragraphs 0315-0316 control data includes time condition and direction condition; time condition is a condition regarding a point in time on the playback time axis of the panoramic video; see paragraphs 0319-0320, direction condition related to the viewing direction in the panoramic video); and
reproduce the video data, while synchronizing a display direction of the video data based on the predetermined area information corresponding to the reproduction time (see paragraphs 0315-0317 current playback time point be included in the period represented by the time information see paragraph 0318 viewpoint of the panoramic video moves over time, the time information is information representing the position of the view point; see also paragraphs 0319-0321 and figure 34).
Claim 1 differs from SUZUKI in that the claim further requires a display direction of the image of the video data cannot be changed by a user while the user is viewing the predetermined area.
In the same field of endeavor Shibagami discloses a display direction of the image of the video data cannot be changed by a user while the user is viewing the predetermined area (see col. 22 line 55-col. 23 line 479 setting enable/disable to enable/disable an azimuth direction and display range; when disable direction and display range are prevented from being changed).
Therefore, in light of the teaching in Shibagami, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify SUZUKI by including an enabling/disabling function in a setting in order to prevent unintentional change to the display range.
Regarding claim 2, SUZUKI discloses the video data is recorded image data distributed by another communication terminal, and the circuitry is further configured to reproduce the recorded image data while synchronizing the display direction of the recorded image data, when the recorded image data is being reproduced (see paragraphs 0090, 0094, 0259, 0261, 0271 and 0315-0320).
Regarding claim 3, SUZUKI discloses the captured image is a full-spherical image (see figure 3 and paragraph 0101).
Regarding claim 4, SUZUKI discloses an image communication system comprising:
a first communication terminal (see figure 1 and paragraph 0088); and
a second communication terminal (see figure 1 and paragraph 0088),
the first communication terminal including first circuitry configured to transmit, to the second communication terminal, predetermined area information and video data including a captured image, the predetermined area information corresponding to a reproduction time of the video data and indicating a predetermined area of the captured image (see paragraphs 0088-0089, terminal device 2 displays the image on display unit; see paragraphs 0096-0097 part of whole of a panoramic image; see paragraphs 0315-0316 control data includes time condition and direction condition; time condition is a condition regarding a point in time on the playback time axis of the panoramic video; ; see paragraphs 0319-0320, direction condition related to the viewing direction in the panoramic video),
the second communication terminal including second circuitry configured to reproduce the video data while synchronizing a display direction of the video data based on the predetermined area information corresponding to the reproduction time that is received from the first communication terminal (see paragraph 0271, paragraphs 0315-0317 current playback time point be included in the period represented by the time information see paragraph 0318 viewpoint of the panoramic video moves over time, the time information is information representing the position of the view point; see also paragraphs 0319-0321 and figure 34).
Claim 4 differs from SUZUKI in that the claim further requires a display direction of the image of the video data cannot be changed by a user while the user is viewing the predetermined area.
In the same field of endeavor Shibagami discloses a display direction of the image of the video data cannot be changed by a user while the user is viewing the predetermined area (see col. 22 line 55-col. 23 line 479 setting enable/disable to enable/disable an azimuth direction and display range; when disable direction and display range are prevented from being changed).
Therefore, in light of the teaching in Shibagami, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify SUZUKI by including an enabling/disabling function in a setting in order to prevent unintentional change to the display range.
Regarding claim 5, the limitations of claim 5 can be found in claim 1. Therefore, claim 5 is analyzed and rejected for the same reasons as discussed in claim 1 above.
Claims 6-7 are rejected for the same reasons as discussed in claims 2-3 respectively above.
Regarding claim 12, SUZUKI discloses the predetermined area is set for each of a plurality of communication terminals including the communication terminal, and the circuitry is configured to receive the predetermined area that is set and the video data (see paragraphs 0271 and 0315-0319).
Regarding claim 13, SUZUKI discloses in a case where there is no predetermined area information corresponding to the reproduction time of the received video data, the circuitry is configured to receive a selection of a predetermined area where the received video data is displayed, and display a predetermined- area image representing the predetermined area that is selected (see paragraphs 0090, 0097 and 0315-0320).
Claims 14-15 are rejected for the same reasons as discussed in claims 2-3 respectively above.
Regarding claim 16, SUZUKI discloses a plurality of communication terminals including the first communication terminal and the second communication terminal; and a communication management system including system circuitry configured to set a predetermined area that is different for each of the plurality of communication terminals, and transmit the predetermined area that is set and the video data to the plurality of communication terminals (see paragraphs 0090, 0094, 0259, 0261, 0271 and 0315-0320).
Regarding claim 17, SUZUKI discloses in a case where there is no predetermined area information corresponding to the reproduction time of the received video data, the second circuitry is configured to receive a selection of a predetermined area where the received video data is displayed, and display a predetermined-area image representing the predetermined area that is selected (see paragraphs 0096-0097 and 0315-0319).
Claim 18 is rejected for the same reason as discussed in claim 12 above.
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 1-7 and 12-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12389120. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following reasons.
Regarding claim 1, the Patent Application’s claim 1 recites a communication terminal, comprising: circuitry configured to: receive, from another communication terminal, predetermined area information and video data including a captured image, the predetermined area information corresponding to a reproduction time of the video data and indicating a predetermined area of the captured image, the receiving being performed in response to at least one of inputting or selecting the predetermined area information by a first user, the predetermined area information having been selected at the another communication terminal; and reproduce the video data to a second user at a different location than the first user, while synchronizing a display direction of the video data based on the predetermined area information corresponding to the reproduction time, wherein a display direction of the image of the video data cannot be changed by a user while the user is viewing the predetermined area.
Regarding claim 2, the Patent Application’s claim 2 recites the limitation of claim 2.
Regarding claim 3, the Patent Application’s claim 3 recites the limitation of claim 3.
Regarding claim 4, the Patent Application’s claim 4 recites an image communication system comprising: a first communication terminal; and a second communication terminal, the first communication terminal including first circuitry configured to transmit, to the second communication terminal, predetermined area information and video data including a captured image, the predetermined area information corresponding to a reproduction time of the video data and indicating a predetermined area of the captured image, the transmitting being performed in response to at least one of inputting or selecting the predetermined area information by a first user, the predetermined area information having been selected at the first communication terminal, the second communication terminal including second circuitry configured to reproduce the video data to a second user at a different location than the first user, while synchronizing a display direction of the video data based on the predetermined area information corresponding to the reproduction time that is received from the first communication terminal, wherein a display direction of the image of the video data cannot be changed by a user while the user is viewing the predetermined area.
Regarding claim 5, the Patent Application’s claim 5 recites a method, comprising: receiving, from another communication terminal, predetermined area information and video data including a captured image, the predetermined area information corresponding to a reproduction time of the video data and indicating a predetermined area of the captured image, the receiving being performed in response to at least one of inputting or selecting the predetermined area information by a first user, the predetermined area information having been selected at the another communication terminal; and reproducing the video data to a second user at a different location than the first user, while synchronizing a display direction of the video data based on the predetermined area information corresponding to the reproduction time, wherein a display direction of the image of the video data cannot be changed by a user while the user is viewing the predetermined area.
Regarding claim 6, the Patent Application’s claim 6 recites the limitation of claim 6.
Regarding claim 7, the Patent Application’s claim 7 recites the limitation of claim 7.
Regarding claim 6, the Patent Application’s claim 6 recites the limitation of claim 6.
Regarding claim 12, the Patent Application’s claims 1 and 13 recite the limitation of claim 12.
Regarding claim 13, the Patent Application’s claim 1 recites the limitation of claim 13.
Regarding claim 14, the Patent Application’s claim 2 recite the limitation of claim 14.
Regarding claim 15, the Patent Application’s claim 3 recite the limitation of claim 15.
Regarding claim 16, the Patent Application’s claims 13 and 15 recite the limitation of claim 16.
Regarding claim 17, the Patent Application’s claim 1 recite the limitation of claim 17.
Regarding claim 18, the Patent Application’s claim 17 recites the limitation of claim 18.
Conclusion
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/HELEN SHIBRU/Primary Examiner, Art Unit 2484 September 17, 2026
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