Ex Parte Dwivedula et alDownload PDFPatent Trial and Appeal BoardMay 18, 201613009946 (P.T.A.B. May. 18, 2016) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 13/009,946 01/20/2011 121312 7590 05/20/2016 Foley & Lardner LLP/ Broadcom Corporation 3000 K Street N.W Suite 600 Washington, DC 20007-5109 FIRST NAMED INVENTOR Priya Dwivedula UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 106861-0337 1757 EXAMINER ITSKOVICH, MIKHAIL ART UNIT PAPER NUMBER 2483 NOTIFICATION DATE DELIVERY MODE 05/20/2016 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): ipdocketing@foley.com cmckenna@foley.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte PRIYA DWIVEDULA, MICHAEL ERWIN, ERIC KLINGS, PAUL GEHMAN, and LARRY PEARLSTEIN1 Appeal2014-008243 Application 13/009,946 Technology Center 2400 Before MICHAEL J. STRAUSS, DANIEL N. FISHMAN, and JAMES W. DEJMEK, Administrative Patent Judges. DEJMEK, Administrative Patent Judge. DECISION ON APPEAL Appellants appeal under 35 U.S.C. § 134(a) from a Final Rejection of claims 1-20. We have jurisdiction over the pending claims under 35 U.S.C. § 6(b ). We reverse. 1 Appellants identify Broadcom Corporation as the real party in interest. App. Br. 2. Appeal2014-008243 Application 13/009,946 STATEMENT OF THE CASE Introduction Appellants' invention is directed to "frame rate conversion of 3D frames." Spec. i-f 3. According to the Specification, various video signals and sources may have differing frames per second (fps) (e.g., 30 fps for NTSC, 25 fps for PAL, and 24 fps for feature films), whereas display devices such as HDTV s may be capable of displaying video at a rate of 60, 100, 120, 200, or 240 Hz. Spec. i-f 7. "A 3D video frame may be produced by combining left view video components and right view video components." Spec. i-f 5. In a disclosed embodiment of frame rate conversion of a decompressed 3D video signal, the frame rate of both the left and right views is converted to a second frame rate. Spec. i-f 17. Further, the left and right views are converted to a full pixel resolution at the new frame rate. Spec. i-f 17. A sequence of video frames, such as by alternating the left and right views, may be generated and presented to a 3D video rendering device. Spec. i-f 17. Claims 1 and 11 are illustrative of the subject matter on appeal and are reproduced below with the disputed limitations emphasized in italics: 1. A method for processing video, the method comprising: in a three-dimensional (3D) video rendering device: converting a first left view video of a decompressed 3D video having a first frame rate to generate a second left view video having a second frame rate, using frame rate conversion (PRC); converting a first right view video of said decompressed 3D video having said first frame rate to generate a second right view video having said second frame rate, using said PRC; converting said second left view video having said second frame rate, which comprises a particular pixel resolution, to generate a 2 Appeal2014-008243 Application 13/009,946 third left view video having said second frame rate, which comprises full pixel resolution of said decompressed 3D video; converting said second right view video having said second frame rate, which comprises said particular pixel resolution, to generate a third right view video having said second frame rate, which comprises said full pixel resolution; and generating a sequence of video frames for 3D video display, wherein said sequence of video frames comprises frames corresponding to said third left view video and frames corresponding to said third right view video, and saidframes corresponding to said third left view video alternate with said frames corresponding to said third right view video. 11. A system for processing video, the system comprising: one or more processors, one or more circuits, or any combination thereof for use in a three-dimensional (3D) video rendering device, said one or more processors, one or more circuits, or any combination thereof being operable to: convert a first left view video of a decompressed 3D video having a first frame rate to generate a second left view video having a second frame rate, using frame rate conversion (PRC); convert a first right view video of said decompressed 3D video having said first frame rate to generate a second right view video having said second frame rate, using said (PRC); convert said second left view video having said second frame rate, which comprises a particular pixel resolution, to generate a third left view video having said second frame rate, which comprises full pixel resolution of said, decompressed 3D video; convert said second right view video having said second frame rate, which comprises said particular pixel resolution, to generate a third right view video having said second frame rate, which comprises said full pixel resolution; and generate a sequence of video frames for 3D video display, wherein said sequence of video frames comprises frames corresponding to said third left view video and frames corresponding to said third right view video, and said frames corresponding to said 3 Appeal2014-008243 Application 13/009,946 third left view video alternate with said frames corresponding to said third right view video. The Examiner's Rejections 1. Claims 11-20 stand rejected under 35 U.S.C. § 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the applicant regards as the invention. Final Act. 7-9. 2. Claims 1-20 stand rejected under 35 U.S.C. § 102(a) as anticipated by Haskell et al. (US 6,055,012; Apr. 25, 2000) ("Haskell"). Final Act. 9-13. Issues on Appeal 1. Did the Examiner err in finding claim 11 is indefinite for failing to particularly point out and distinctly claim the subject matter of the invention? 2. Did the Examiner err in finding Haskell discloses left and right views of video to be converting and generating as set forth in claim 1? ANALYSIS2 Rejection under 35 U.S. C. § 112, second paragraph The Examiner finds "one or more processors, one or more circuits, or any combination thereof being operable to convert ... ,"as recited in claim 2 Throughout this Decision, we have considered the Appeal Brief filed April 3, 2014 ("App. Br."); the Reply Brief filed July 15, 2014 ("Reply Br."); the Examiner's Answer mailed May 16, 2014 ("Ans."); and the Final 4 Appeal2014-008243 Application 13/009,946 11, "raises ambiguity as to what is covered by the claim and which device corresponds to which claimed function" and is, therefore, indefinite under 3 5 U.S.C. § 112, second paragraph. Final Act. 7. Further, the Examiner finds this claim language invokes 35 U.S.C. § 112, sixth paragraph "because it uses a non-structural term 'one or more circuits' coupled with functional language 'operable to convert' without reciting sufficient structure to achieve the function." Final Act. 8 (emphasis omitted). Having determined 35 U.S.C. § 112, sixth paragraph is invoked, the Examiner concludes the written description fails to disclose the corresponding structure for the claimed function. Id. "The test for definiteness is whether one skilled in the art would understand the bounds of the claim when read in light of the specification." Miles Laboratories, Inc. v. Shandon Inc., 997 F.2d 870, 875 (Fed. Cir. 1993); see also Orthokinetics, Inc. v. Safety Travel Chairs, Inc., 806 F .2d 1565, 1576 (Fed. Cir. 1986). We agree with Appellants and find that one of skill in the art would understand from the Specification that that disputed limitation provides three alternatives-in particular, (i) one or more processors; (ii) one or more circuits; or (iii) any combination thereof. See App. Br. 7. Additionally, it is well-settled that the failure to use the word "means" creates a rebuttable presumption that invoke 35 U.S.C. § 112, sixth paragraph does not apply. Williamson v. Citrix Online, LLC, 792 F.3d 1339, 1348 (Fed. Cir. 2015). The presumption may be overcome if the claim term fails to "recite sufficiently definite structure" or else recites "function Office Action ("Final Act.") mailed September 10, 2013, from which this Appeal is taken. 5 Appeal2014-008243 Application 13/009,946 without reciting sutlicient structure for performing that function." Williamson, 792 F.3d at 1349 (quoting Watts v. XL Sys., Inc., 232 F.3d 877, 880 (Fed. Cir. 2000)). We agree with Appellants that the disputed limitation connotes sufficient structure to one of ordinary skill in the art. App. Br. 8-9; see also Mass. Inst. of Tech. v. Abacus Software, 462 F.3d 1344, 1355-56 (Fed. Cir. 2006). Accordingly, 35 U.S.C. § 112, sixth paragraph is not invoked. For the reasons discussed supra, we do not sustain the Examiner's rejection of claims 11-20 under 35 U.S.C. § 112. Rejection under 35 U.S.C. § 102 Appellants contend the Examiner erred in finding Haskell anticipates claim 1. App. Br. 10-13. In particular, Appellants assert Haskell does not disclose left and right views and cannot, therefore, disclose, inter alia, converting first left and right views having a first frame rate to generate second left and right views using frame rate conversion; converting second left and right views comprising a particular pixel resolution to generate third left and right views comprising full pixel resolution; and generating a sequence of video frames corresponding to the third left and right views and wherein the sequence of frames alternate between the third left view and third right view. Id. Rather than disclosing left and right views, Appellants argue Haskell discloses super-views, which are not left and right views. App. Br. 12. The Examiner explains "Haskell teaches that super-views include left and right views in Fig. 4 ... [and] that the concept of super-views is a broader concept that encompasses stereoscopic views (left and right) and can 6 Appeal2014-008243 Application 13/009,946 be coded the same way." Ans. 10 (citing Haskell, col. 4, 11. 9-13). The Examiner concludes "every technique that Haskell applies to super-views can be applied to stereoscopic views." Ans. 10. "A claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference." Verdegaal Bros., Inc. v. Union Oil Co. of Cal., 814 F.2d 628, 631 (Fed. Cir. 1987). "To establish inherency, the extrinsic evidence 'must make clear that the missing descriptive matter is necessarily present in the thing described in the reference.'" In re Robertson, 169 F.3d 743, 745 (Fed. Cir. 1999) (quotation omitted). The Haskell reference is directed to super-views. See, e.g., Haskell, col. 5, 11. 7-11 ("Our invention, accordingly utilizes first and second super- views."). As disclosed in Haskell, multi-view video, comprising two or more image signals, is mapped into a pair of "super-views and coded similar to our proposals for coding of stereoscopic video." Haskell, col. 4, 11. 9-13 (emphasis added). Further, Haskell states in co-pending applications "coding of stereoscopic video composed of a left view and a right view" are described, whereas in the present invention, "[t]he main difference is that two super-views are employed, each composed of several reduced resolution views, rather than a left and right view." Haskell, col. 14, 11. 29-37 (emphasis added). Additionally, the Examiner's finding that Haskell's teachings could be applied to stereoscopic views does not amount to an inherent disclosure of such an application. See In re Rijckaert, 9 F .3d 1531, 1534 (Fed. Cir. 1993) (the fact that a certain characteristic may occur or be 7 Appeal2014-008243 Application 13/009,946 present in the prior art is not sufficient to establish the inherency of that characteristic). 3 Because we find as dispositive that Haskell does not disclose left and right view videos, as required by independent claims 1 and 11, we need not address the other issues related to the rejection of these claims raised by Appellants. Accordingly, based on the record before us, for the reasons discussed supra, we do not sustain the Examiner's rejection under 35 U.S.C. § 102 of claim 1 or the rejection of claim 11, which contains similar recitations. We also do not sustain the Examiner's rejections of claims 2-10 and 12-20, which depend from claims 1 and 11, respectively. DECISION We reverse the Examiner's decision to reject claims 11-20 under 35 U.S.C. § 112. We reverse the Examiner's decision to reject claims 1-20 under 35 U.S.C. § 102. REVERSED 3 We note although the Examiner appears to find Haskell suggests converting stereoscopic views, a rejection of claim 1 under 35 U.S.C. § 103(a) is not before us. While the Board is authorized to reject claims under 37 C.F.R. § 41.50(b), no inference should be drawn when the Board elects not to do so. See Manual of Patent Examining Procedure (MPEP) § 1213.02. 8 Copy with citationCopy as parenthetical citation