Ex Parte Furukawa et al

Patent Trial and Appeal Board

Mar 26, 2013

10813215 (P.T.A.B. Mar. 26, 2013)

UNITED STATES PATENT AND TRADEMARKOFFICE
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
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
10/813,215 03/31/2004 Takashi Furukawa SON-2965 3882
23353 7590 03/27/2013
RADER FISHMAN & GRAUER PLLC
LION BUILDING
1233 20TH STREET N.W., SUITE 501
WASHINGTON, DC 20036
EXAMINER
DANG, HUNG Q
ART UNIT PAPER NUMBER
2484
MAIL DATE DELIVERY MODE
03/27/2013 PAPER
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.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
_____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
_____________

Ex parte TAKASHI FURUKAWA, MINORU KAWAHARA, and KEN
NAKAGAWA
_____________

Appeal 2011-002274
Application 10/813,215
Technology Center 2400
______________

Before, JEAN R. HOMERE, DAVID M. KOHUT, and
BRYAN F. MOORE, Administrative Patent Judges.

KOHUT, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2011-002274
Application 10/813,215

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This is a decision on appeal under 35 U.S.C. § 134(a) of the Non-
Final Rejection of claims 18, 23-31, 33-42, 44, and 45.1 An oral hearing was
conducted on March 13, 2013. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse the Examiner’s rejection of these claims.

INVENTION
The invention is directed to a method, recordable medium, and device
for reproducing data at a high speed on a display in order to increase image
quality. Spec. 3-7. Claim 18 is representative of the invention and is
reproduced below:
18. A reproducing device adapted to play back video data
recorded on an information recording medium, the reproducing
device comprising:
a controller adapted to set reproduction speeds of the video
data, said reproduction speeds including a normal playback and
a high-speed playback, said high-speed playback being at a
higher speed than said normal playback;
a drive adapted to read out said video data from the
information recording medium, said video data including main
track data being read out during said normal playback and low
resolution data being read out during said high-speed playback;
and
a decoder adapted to generate an output image from said
video data, said output image being viewable on a screen,
wherein, during said normal playback, said screen displays
a frame of said main track data,
wherein, during said high-speed playback, said screen is
divided into areas, said areas of said screen partially displaying
different frames of said low resolution data, and
wherein, at a transition from said high-speed playback to
said normal playback, an acceleration in accordance with time
required to read out and decode said main track data is

1 Claims 1-17, 19-22, 32, and 43 were previously cancelled.
Appeal 2011-002274
Application 10/813,215

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calculated so as to perform deceleration at a deceleration
corresponding to said calculated acceleration.

REFERENCES
Mishima US 6,009,236 Dec. 28, 1999

Suzuki US 7,058,280 B2 June 6, 2006
(filed June 6, 2001)

REJECTION AT ISSUE
Claims 18, 23-31, 33-42, 44, and 45 are rejected under 35 U.S.C.
§ 103(a) as being unpatentable over the combination of Mishima and
Suzuki. Ans. 3-22.
ISSUE
Did the Examiner err in finding that the combination of Mishima and
Suzuki discloses “wherein, at a transition from said high-speed playback to
said normal playback, an acceleration in accordance with time required to
read out and decode said main track data is calculated so as to perform
deceleration at a deceleration corresponding to said calculated acceleration,”
as recited by claim 18 and similarly recited in claims 23, 34, and 45?2
ANALYSIS
Claim 18 recites “wherein, at a transition from said high-speed
playback to said normal playback, an acceleration in accordance with time
required to read out and decode said main track data is calculated so as to
perform deceleration at a deceleration corresponding to said calculated

2 Appellants make additional arguments with respect to claims 18, 23-31,
33-42, 44, and 45. App. Br. 8-23; Reply Br. 3-1. We will not reach the
additional arguments as this issue is dispositive of the Appeal.
Appeal 2011-002274
Application 10/813,215

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acceleration.” Independent claims 23, 34, and 45 recite similar limitations.
Claims 24-31, 33, 35-42, and 44 are dependent upon one of independent
claims 23 and 34. Appellants argue that neither Mishima nor Suzuki teaches
or suggests the calculation of an acceleration in accordance with the time
required to read out and decode said main track data, as required by claim
18, because while the references teach two states of reproducing images, i.e.,
a normal and a 5x speed, neither inherently teaches the calculation of an
acceleration. App. Br. 10; Reply Br. 7-8. We agree.
While the Examiner finds that Suzuki must make calculations in order
to speed up or slow down a reproduction mode (Ans. 25), the change in
speed does not necessarily mean that a calculation of acceleration is being
performed. The Examiner has not shown, or explained in a sufficient
manner, that one skilled in the art would have made an acceleration
calculation as opposed to a velocity calculation. As such, we cannot sustain
the Examiner’s rejection of claims 18, 23-31, 33-42, 44, and 45.
CONCLUSION
The Examiner erred in finding that the combination of Mishima and
Suzuki discloses “wherein, at a transition from said high-speed playback to
said normal playback, an acceleration in accordance with time required to
read out and decode said main track data is calculated so as to perform
deceleration at a deceleration corresponding to said calculated
acceleration,” as recited by claim 1 and similarly recited in claims 23, 34,
and 45.
SUMMARY
The Examiner’s decision to reject claims 18, 23-31, 33-42, 44, and 45
is reversed.
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REVERSED

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