Ex Parte Tytgat

Patent Trial and Appeal Board

Feb 26, 2016

12483606 (P.T.A.B. Feb. 26, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
12/483,606 06/12/2009
48116 7590
FAY SHARPE/LUCENT
1228 Euclid Avenue, 5th Floor
The Halle Building
Cleveland, OH 44115-1843
02/26/2016
FIRST NAMED INVENTOR
Donny G. Tytgat
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.
LUTZ 201025US01 9595
EXAMINER
AMIN, JW ALANT B
ART UNIT PAPER NUMBER
2618
MAILDATE DELIVERY MODE
02/26/2016 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 DONNY G. TYTGAT
Appeal2014-001326
Application 12/483,606
Technology Center 2600
Before ST. JOHN COURTENAY III, JOHN A. EVANS, and
MELISSA A. RAAP ALA, Administrative Patent Judges.
EV ANS, Administrative Patent Judge.
DECISION ON APPEAL
Appellant1 seeks our review under 35 U.S.C. § 134(a) of the
Examiner's final rejection of Claims 1-5, 8-12, and 15-18. App. Br. i. We
have jurisdiction under 35 U.S.C. § 6(b ).
We REVERSE.2
1 The Appeal Brief identifies Alcatel-Lucent as the real party in interest.
App. Br. 1.
2 Rather than reiterate the arguments of Appellant and the Examiner, we
refer to the Appeal Brief (filed May 28, 2013, "App. Br."), the Reply Brief
(filed October 29, 2013, Reply Br."), the Examiner's Answer (mailed
September 3, 2013, "Ans."), the Final Action (mailed October 4, 2012,
"Final Act."), and the Specification (filed June 12, 2009, "Spec.") for the
respective details.
Appeal2014-001326
Application 12/483,606
STATEMENT OF THE CASE
The claims relate to a method of switching from a first to a second
video source. See Abstract.
Claims 1, 11, and 1 7 are independent. An understanding of the
invention can be derived from a reading of exemplary Claims 1 and 11,
reproduced below with some formatting added:
1. A method for switching from a first video source to a
second video source, the first video source producing first video
content being displayed to a user, and the second video source
producing second video content, the method comprising:
- displaying a changing view of a polyhedron with first
and second substantially rectangular surfaces starting with at
least a view of the first surface and changing the direction under
which the polyhedron is viewed until only the second surface is
displayed; and,
- mapping the first video content and the second video
content on the first and second surfaces of the polyhedron,
respectively, so that at least the first video content is displayed
at least at the beginning of the changing view and the second
video content is displayed at least at the end of the changing
view.
11. A system for switching from a first video source to a
second video source, comprising:
- a tuner for obtaining first video content from a first
video source and second video content from a second video
source;
- a composing means receiving said first video content
and second video content from the tuner, and arranged for
mapping the first video content and the second video content on
first and second substantially rectangular surfaces of a
polyhedron, respectively; and,
2
Appeal2014-001326
Application 12/483,606
- a image generating and processing means for providing
images to a display unit showing the polyhedron starting with
the first surface and further showing a changing view of the
polyhedron until only the second surface is visible.
References and Rejections
The Examiner relies upon the prior art as follows:
Eiref
Herz
Ross
US 6,621,509 Bl
US 7,685,619 Bl
GB 2 425 700 A
The claims stand rejected as follows: 3
Sept. 16, 2003
Mar. 23, 2010
Nov. 1, 2006
1. Claims 1-5, 9-12, and 15-18 stand rejected under 35 U.S.C. § 103(a)
as obvious over Eiref and Ross. Final Act. 2-13.
2. Claim 8 stands rejected under 35 U.S.C. § 103(a) as obvious over
Eiref, Ross, and Herz. Final Act. 13.
ANALYSIS
We have reviewed the rejections of Claims 1-5, 8-12, and 15-18 in
light of Appellant's arguments that the Examiner has erred. We agree with
Appellant's conclusions.
3 Based on Appellant's arguments in the Appeal Brief, we will decide the
appeal on the basis of claims as set forth below. See 37 C.F.R.
§ 41.37( c )(1 )(vii).
3
Appeal2014-001326
Application 12/483,606
CLAIM 11 OBVIOUSNESS OVER EIREF AND Ross
Appellant contends that Claim 11 requires a video screen that displays
an image of a polyhedron having first and second substantially rectangular
surfaces wherein first and second video images are presented respectively on
said surfaces. Appellant argues Eiref teaches a polyhedron wherein text is
displayed on at least one surface of the polyhedron, but where video is
displayed on only a single surface of said polyhedron. Appellant maintains
that Eiref distinguishes between the text and video presentations such that
Eiref fails to teach displaying video on multiple surfaces. App. Br. 13.
The Examiner finds, with respect to Figure 7, video 90 is displayed on
a first surface and detailed information 112 is displayed on a second surface.
The Examiner finds the detailed information 112 may comprise a second
video. Thus, video may be displayed on each of two surfaces of the
polyhedron. Ans. 3--4 (citing Eiref, col. 13, 11. 15-19; Fig. 7).
Appellant replies the Examiner's findings relate to information from ~
single program that is displayed on the surfaces of a polyhedron, but that
Eiref fails to teach video from first and second sources being displayed on
first and second surfaces of a polyhedron. Reply Br. 4.
With respect to Figure 7, Eiref teaches the plurality of thumbnails
represent a TV channel guide where live video may be displayed in one
surface along with detailed information about the program, and detailed
information regarding the actors in the other surfaces. See Eiref, col. 8.
11. 34--40. Eiref further teaches selection of an information thumbnail which
may include live video, channel specific programming information, user
options, vertical blanking interval information, and information identifiers.
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Appeal2014-001326
Application 12/483,606
The information identifier functions as an index to more in-depth data or
functions as a title. Based on the selected thumbnail, detailed information is
retrieved and displayed on at least one surface of the polyhedron. This
information may include live video, text data, and animation data. See Id.
col. 13, 11. 6-19.
Claim 11 recites, inter alia: "a tuner for obtaining first video content
from a first video source and second video content from a second video
source." The cited portions of Eiref teach video may be displayed on more
than one surface of a virtual polyhedron. However, we find no teaching that
such video may be obtained from more than one source, as claimed.
Therefore, we decline to sustain the rejection of Claim 11.
CLAIMS 12 AND15 OBVIOUSNESS OVEREIREF AND Ross
In view of the foregoing discussion, we decline to sustain the rejection
of Claims 12 and 15 which depend from Claim 11.
CLAIMS 1-5, 9, 10, AND 16-18 OBVIOUSNESS OVER EIREF AND Ross
In view of the foregoing, we decline to sustain the rejection of
independent Claims 1 and 17 which recite limitations commensurate with
those discussed in relation to Claim 11. Similarly, we decline to sustain the
rejection of dependent Claims 2-5, 9, 10, 16, and 18.
5
Appeal2014-001326
Application 12/483,606
CLAIM 8 OBVIOUSNESS OVER EIREF' Ross, AND HERZ
In view of the foregoing, we decline to sustain the rejection of
dependent Claim 8. The Examiner does not apply Herz to the limitations
discussed above.
DECISION
The rejection of Claims 1-5, 8-12, and 15-18 under 35 U.S.C. § 103
is REVERSED.
REVERSED
6