Ex Parte Thiruvengada et al

Patent Trial and Appeal Board

Apr 26, 2016

13152968 (P.T.A.B. Apr. 26, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
13/152,968
92689 7590
HONEYWELL/SLW
Patent Services
115 Tabor Road
P.O. Box 377
06/03/2011
04/28/2016
MORRIS PLAINS, NJ 07950
FIRST NAMED INVENTOR
Hari Thiruvengada
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.
H0026873-2.218985 8004
EXAMINER
EDWARDS, TYLERB
ART UNIT PAPER NUMBER
2486
NOTIFICATION DATE DELIVERY MODE
04/28/2016 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):
patentservices-us@honeywell.com
uspto@slwip.com
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PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte HARI THIRUVENGADA, PAUL DERBY,
TOM PLOCHER, and HENRY CHEN
Appeal2014-006717
Application 13/152,968
Technology Center 2400
Before ST. JOHN COURTENAY III, CATHERINE SHIANG, and
MONICA S. ULLAGADDI, Administrative Patent Judges.
COURTENAY, Administrative Patent Judge.
DECISION ON APPEAL
STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134(a) from the Examiner's Final
Rejection of claims 1-20. We have jurisdiction under 35 U.S.C. § 6(b).
We affirm.
Invention
The invention on appeal relates to "a system and method to control
surveillance cameras ... for thumbnail-based camera control." (Spec. i-fl).
Appeal2014-006717
Application 13/152,968
Representative Claim
1. A system comprising:
a video sensing device;
a computer processor coupled to the video sensing device; and
a display unit coupled to the computer processor;
wherein the system is configured to:
display a field of view of the video sensing device as a
thumbnail on a main display of an area;
[L 1] receive input from a user, wherein the input
received from the user is received via one or more of a pan
icon, a zoom icon, and a tilt icon;
automatically calculate a change in one or more of a pan,
a tilt, and a zoom of the video sensing device as a function of
the input;
alter one or more of the pan, the tilt, and the zoom of the
video sensing device as a function of the calculations; and
display a new field of view of the video sensing device in
the thumbnail as a function of the alteration of the pan, tilt, and
zoom of the video sensing device.
(Bracketed matter and emphasis added regarding the contested limitation,
labeled as "L 1 ").
Rejections
A. Claims 1-3, 5, 6, and 16-20 are rejected under 35 U.S.C. § 102(b) as
anticipated by Kawai et al. (US 2002/0067412 Al; published June 6,
2002) ("Kawai").
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B. Claim 15 is rejected under 35 U.S.C. §103(a) as being obvious over
the combined teachings and suggestions of Kawai.
C. Claims 13 and 14 are rejected under 35 U.S.C. § 103(a) as being
obvious over the combined teachings and suggestions of Kawai, and
Amini et al. (US 6,698,021 Bl; published February 24, 2004).
D. Claim 4 is rejected under 35 U.S.C. § 103(a) as being obvious over
the combined teachings and suggestions of Kawai, Amini, and
McCormack (U.S. Publication No. 2007/0115355 Al, published May
24, 2007).
E. Claims 7-12 are rejected under 35 U.S.C. §103(a) as being obvious
over the combined teachings and suggestions of Kawai, and Chosak et
al. (US 2007 /0052803 Al; published l'vfarch 8, 2007).
Grouping of Claims
Based on Appellants' arguments, we decide the appeal of claims 1-3
and 16-20, rejected under anticipation rejection A, on the basis of
representative claim 1. We address separately argued claims 5 and 6, also
rejected under§ 102 rejection A, infra. We address the remaining claims
rejected under§ 103 rejections B-E, infra. See 37 C.F.R. § 41.37(c)(l)(iv).
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Application 13/152,968
ANALYSIS
Rejection A of claims 1-3 and 16--20 under 35 U.S. C. § 102(b)
Issue: Under 35 U.S.C. § 102(b ), did the Examiner err by finding
Kawai expressly or inherently discloses contested limitation L 1: "receive
input from a user, wherein the input received from the user is received via
one or more of a pan icon, a zoom icon, and a tilt icon," within the meaning
of claim 1? (Emphasis added).
We have considered all of Appellants' arguments and any evidence
presented. We disagree with Appellants' arguments, and we adopt as our
own: ( 1) the findings and reasons set forth by the Examiner in the action
from which this appeal is taken, and (2) the reasons and rebuttals set forth in
the Answer in response to Appellants' arguments. (Ans. 13-14). However,
we highlight and address specific findings and arguments for emphasis in
our analysis below.
Appellants contend Kawai fails to describe "a pan icon, a zoom icon,
or a tilt icon" because "Kawai only relate[s] to a camera icon." Appellants
further contend that Kawai' s "camera control window 46 is a text entry box,
[therefore] it is not a pan icon, a tilt icon, or a zoom icon." (App. Br. 7-8).
The Examiner disagrees. (Ans. 13-14). In construing the claim term
"icon" according to its broadest reasonable interpretation, the Examiner
consults a "definition of an icon in the field of computing as found in the
Oxford Dictionary" which defines an icon as: "'A symbol or graphic
representation on a screen of a program, option, or window, especially one
of several for selection."' (Ans. 13). The Examiner further notes, "Appellant
does not specifically specify that the icons are 'graphical' icons, leaving a
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Application 13/152,968
broadest reasonable interpretation of the claims open to symbols that are not
necessarily graphical." (Ans. 14).
Appellants do not argue that any definition, or express disclaimer, in
the original Specification limits the scope the contested claim terms "a pan
icon, a zoom icon, or a tilt icon;" (Claim 1). We note the scope of the claims
on appeal, at a minimum, at least covers the corresponding supporting
embodiment(s) described in the Specification. We emphasize, however, that
under a broad but reasonable interpretation (or the more narrow construction
applied by the federal courts), the scope of the claims is not limited to the
preferred embodiments described in the Specification: "[A ]lthough the
specification often describes very specific embodiments of the invention, we
have repeatedly warned against confining the claims to those embodiments
... [C]laims may embrace 'different subject matter than is illustrated in the
specific embodiments in the specification."' Phillips v. A WH Corp., 415
F.3d 1303, 1323 (Fed. Cir. 2005) (en bane) (citations and internal quotation
marks omitted).
Here, Appellants' Specification describes exemplary, non-limiting
embodiments of the contested claimed icons: "[t]he [pan, tilt, and zoom]
icons 105, 110, and 115 can include any means to receive input from a user
.... " (emphasis added). The Specification further provides an open-ended
list of examples: "such as a slide bar, an arrow, an increase button, a
decrease button, or any other type of widget." (Spec. i-f 15, Figure 2,
emphasis added).
Turning to the Kawai reference, we find the text entry fields relied on
by the Examiner (Ans. 2-3), as depicted within "camera control window 46"
of Figure 14, are means that receive input from a user, corresponding to the
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Appeal2014-006717
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, .. •-t -t • • .. .. , -. r"I • r- , • /.-r -1 ,..,_ 1 ro , .. , , -t
suppon aescrmea m Appeuams, ~pec1ncauon ~ 11 l) J , ror me contestea
"icons" recited in limitation L 1 (Claim 1 ).
See Figure 14, "Camera Control Window 46" of Kawai, as depicted
below:
Depicted above: "Camera Control Window 46" see Kawai i-fi-f 114--116
However, as emphasized above, the scope of the claims is not limited
to the preferred embodiments described in the Specification. See Phillips,
415 F.3d at 1323.2 Thus, the scope of the claimed contested "icons" is
broader than the exemplary embodiments described in Appellants'
Specification. (See Spec. 2-3, i-f 15). Therefore, on this record, Appellants
1 See e.g., Kawai (i-fl5, "any other type of widget").
2 This court has repeatedly "cautioned against limiting the claimed invention
to preferred embodiments or specific examples in the specification."
Williamson v. Citrix Online, LLC, 792 F.3d 1339, 1346-47 (Fed. Cir. 2015)
(quoting Teleflex, Inc. v. Ficosa N. Am. Corp., 299 F.3d 1313, 1328 (Fed.
Cir. 2002)). Even in cases where the specification describes only a single
embodiment, the claims are not necessarily limited to that embodiment.
Thorner v. Sony Computer Entm 't Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir.
2012) (It is not enough that the only embodiment, or all of the embodiments,
contain a particular limitation to limit a claim to that particular limitation.).
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Application 13/152,968
have not persuaded us the Examiner's claim interpretation is overly broad,
unreasonable, or inconsistent with Appellants' Specification. (See Ans. 13-
14).
Given the aforementioned claim interpretation and evidence (Kawai,
Fig 14, i-fi-f 114--116), Appellants have not persuaded us the Examiner erred
in finding Kawai discloses contested limitation L 1: "receive input from a
user, wherein the input received from the user is received via one or more of
a pan icon, a zoom icon, and a tilt icon," within the meaning of claim 1.
(Emphasis added).
Accordingly, we sustain anticipation rejection A of representative
claim 1. Claims 2, 3, and 16-20 (also rejected under rejection A, but not
argued separately), fall with claim 1. See Grouping of Claims, supra.
Rejection A of claim 5 under 35 U.S.C. § 102(b)
Dependent claim 5 recites: "The system of claim 1, configured to
change a characteristic of the pan icon when a pan limit of the video sensing
device is reached, change a characteristic of the tilt icon when a tilt limit of
the video sensing device is reached, and change a characteristic of the zoom
icon when a zoom limit of the video sensing device is reached."
Referring to Kawai (i-fi-f 137, 143), Appellants contend: "[s]ince Kawai
does not disclose a pan icon, a tilt icon, or a zoom icon, Kawai cannot
disclose a change in a characteristic of any such icons when a limit of the
video sensing device is reached, as is recited in claim 5" (App. Br. 8-9,
emphasis added).
However, Appellants' argument is grounded on an erroneous premise
- that Kawai does not disclose a pan icon, a tilt icon, or a zoom icon. (Id.).
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We found this argument unpersuasive for the reasons discussed above
regarding claim 1. Therefore, by a preponderance of the evidence, and for
the reasons discussed above regarding claim 1, Appellants have not
persuaded us the Examiner erred. Accordingly, we sustain anticipation
rejection A of dependent claim 5.
Rejection A of claim 6 under 35 U.S.C. § 102(b)
Dependent claim 6 recites: "The system of claim 1, wherein one or
more of the pan icon, the tilt icon, and the zoom icon are configured such
that a user can alter an increment of a change in the pan, the tilt, and the
zoom of the video sensing device that is implemented by input via the pan
icon, the tilt icon, and the zoom icon."
Referring again to Kawai (i-f 115), Appellants restate: "Kawai simply
does not disclose a pan icon, a tilt icon, or a zoom icon." (App. Br. 9,
emphasis added). Again, we find Appellants' argument is grounded on an
erroneous premise - that Kawai does not disclose a pan icon, a tilt icon, or
a zoom icon. (id.). We found this argument unpersuasive for the reasons
discussed above regarding claim 1.
However, Appellants further contend: "Kawai does not disclose that a
user can 'alter an increment of a change in the pan, tilt, and zoom' via a pan
icon, tilt icon, or zoom icon." (App. Br. 9).
Regarding Appellants' second contention, we find paragraphs 116-
120 of Kawai further explain paragraph 115, particularly changing the pan,
tilt, and zoom:
[O 116] In this embodiment, four functions, i.e., panning,
tilting, zooming, and focusing can be controlled for each
camera 10. In this embodiment, the following three modes
are provided. That is,
[0117] Mode #1: change pan angle and focal point
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Application 13/152,968
[0118] ivfode #2: change zoom ratio
[O 119] Mode #3: change tilt angle
[0120] As will be described in detail later, when the
camera icon of the selected camera is double-clicked, the
above-mentioned three modes are cyclically selected.
Given this evidence, and for the same reasons previously discussed
regarding claim 1, Appellants have not persuaded us the Examiner erred.
Accordingly, we sustain anticipation rejection A of dependent claim 6.
Rejections B-E of claims 4 and 7-15 under §103(a)
Appellants advance no arguments for claims 4 and 7-15, which are
rejected under§ 103 rejections B-E. Arguments not made are considered
waived. See 37 C.F.R. § 41.37(c)(l)(iv). 3 Therefore, we sustain rejections
B-E of dependent claims 4 and 7-15.
Reply Brief
To the extent Appellants advance new arguments in the Reply Brief
not in response to a shift in the Examiner's position in the Answer, we note
arguments raised in a Reply Brief which were not raised in the Appeal Brief
or are not responsive to arguments raised in the Examiner's Answer will not
be considered except for good cause. See 37 C.F.R. § 41.41(b)(2).
3 See Hyatt v. Dudas, 551F.3d1307, 1314 (Fed. Cir. 2008) ("When the
appellant fails to contest a ground of rejection to the Board, ... the Board
may treat any argument with respect to that ground of rejection as waived.")
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Conclusion
For at least the aforementioned reasons, on this record, we are not
persuaded the Examiner erred. We find a preponderance of the evidence
supports the Examiner's finding of anticipation regarding the claims rejected
under rejection A. Appellants advance no arguments for claims 4 and 7-15,
which are rejected under§ 103 rejections B-E. Arguments not made are
considered waived. See 37 C.F.R. § 41.37(c)(l)(iv).
DECISION
We affirm the Examiner's rejections of claims 1-20.
No time for taking any action connected with this appeal may be
extended under 37 C.F.R. § 1.136(a)(l). See 37 C.F.R. § 41.50(±).
AFFIRMED
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