Yehuda Binder

Patent Trials and Appeals Board

Mar 30, 2020

15001422 - (D) (P.T.A.B. Mar. 30, 2020)

UNITED STATES PATENT AND TRADEMARK OFFICE
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.
15/001,422 01/20/2016 Yehuda BINDER BINDER-006-US7 1552
131926 7590 03/30/2020
May Patents Ltd. c/o Dorit Shem-Tov
P.O.B 7230
Ramat-Gan, 5217102
ISRAEL
EXAMINER
BUKOWSKI, KENNETH
ART UNIT PAPER NUMBER
2621
MAIL DATE DELIVERY MODE
03/30/2020 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 YEHUDA BINDER
____________________

Appeal 2018-008176
Application 15/001,422
Technology Center 2600
____________________

Before JEFFREY S. SMITH, JOHN R. KENNY, and
MICHAEL J. ENGLE, Administrative Patent Judges.

KENNY, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE
In a Final Office Action, the Examiner rejected claims 2–6, 13–46,
50–61, and 63–77. Final Act. 1. Claims 7–12 and 47–49 were withdrawn
from consideration. Id. Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals
from the Examiner’s decision to reject claims 2, 3, 6, 13, 14, 16, 17, 36–39,
44, 46, 54–57, 65, 66, and 70–77. Appeal Br. 1, 36. We have jurisdiction
under 35 U.S.C. § 6(b).
We AFFIRM.

1 We use the word Appellant to refer to “applicant” as defined in 37 C.F.R.
§ 1.42(a). Appellant identifies the real party in interest as May Patents Ltd.
Appeal Br. 2.
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CLAIMED INVENTION
According to Appellant, “[t]he present invention relates generally to
devices (such as displays) controlled by face detection.” Spec. 1. Claim 2,
reproduced below, is illustrative of the claimed subject matter:
2. A television set responsive to an element in an image, the
television set comprising:
a flat screen for displaying television channels;
a digital camera for capturing the image and for
transmitting a digital data form of the captured image, said
digital camera being oriented to capture an image of a scene
substantially in front of said flat screen;
an image processor coupled to receive the image in the
digital data from said digital camera and for applying an
algorithm to detect the element in the captured image;
a connector for connecting to a cable that is connectable to
simultaneously carry digital data signal and an DC power
signal;
a transceiver coupled between said digital camera and said
connector for transmitting the digital data form of the
captured image over the cable; and
a single enclosure housing said flat screen, said digital
camera, said image processor, said connector and said
transceiver,
wherein information is displayed on said flat screen in
response to the detection of the element in the captured
image, and wherein the television set is operative to supply
at least part of the DC power signal.
REFERENCES
Gutta
Chen
Binder
Cho
Xu
Kitaura
US 2002/0149613 A1
US 2003/0117495 A1
US 2005/0163152 A1
US 2006/0067367 A1
US 2007/0126884 A1
US 2007/0132725 A1
Oct. 17, 2002
June 26, 2003
July 28, 2005
Mar. 30, 2006
June 7, 2007
June 14, 2007
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Application 15/001,422

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Mangiaracina
Karam
US 2008/0197790 A1
US 2008/0244284 A1
Aug. 21, 2008
Oct. 2, 2008
REJECTIONS
Claims 55–57, 65, 66, and 70–77 stand rejected under 35 U.S.C.
§ 102(b) as anticipated by Xu. Final Act. 16.
Claims 2, 3, 6, 13, 14, 16, 17, 36–39, 44, 46, and 54 stand rejected
under 35 U.S.C. § 103(a) as unpatentable over the combination of Chen and
Xu. Final Act. 4.
Claims 4, 5, 31–33, 45, and 51 stand rejected under 35 U.S.C.
§ 103(a) as unpatentable over the combination of Chen, Xu, and Applicant
Admitted Prior Art. Final Act. 7.
Claims 15 and 50 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over the combination of Chen, Xu, and Gutta. Final Act. 8.
Claims 18, 19, 34, 35, 52, and 53 stand rejected under 35 U.S.C.
§ 103(a) as unpatentable over the combination of Chen, Xu, and Kitaura.
Final Act. 9.
Claims 20–22 and 40–42 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over the combination of Chen, Xu, and Cho. Final Act. 10.
Claims 23–27 and 43 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over the combination of Chen, Xu, and Binder. Final Act. 11.
Claims 28 and 29 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over the combination of Chen, Xu, Binder, and Magiaracina.
Final Act. 12.
Claim 30 stands rejected under 35 U.S.C. § 103(a) as unpatentable
over the combination of Chen, Xu, and Karam. Final Act. 13.
Claims 58 and 64 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over the combination of Xu and Gutta. Final Act. 13.
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Claims 59–61 and 63 stand rejected under 35 U.S.C. § 103(a) as
unpatentable over the combination of Xu and Kitaura. Final Act. 14.
Claims 67–69 stand rejected under 35 U.S.C. § 103(a) as unpatentable
over the combination of Xu and Chen. Final Act. 15.
ANALYSIS
Having considered the positions advanced by the Examiner and
Appellant in light of this appeal record, we affirm the Examiner’s rejections
for the reasons set forth in the Answer to the Appeal Brief and Final Office
Action appealed from, which we adopt as our own. We add the following
explanation primarily for emphasis.
Appellant argues that Chen does not disclose the limitation of claim 2
of “a single enclosure housing said flat screen, said digital camera, said
image processor, said connector and said transceiver.” Appeal Br. 9. The
Examiner finds that Chen’s camera 30 and television 20 and their
components satisfy this limitation. Final Act. 4–5. Appellant disagrees,
asserting that Chen’s camera is external to its television enclosure and only
externally attached. Appeal Br. 9. As a result, Appellant argues that Chen
lacks the required enclosure. Id. We agree with the Examiner.
An example of Chen’s camera 30 and television 20 are illustrated in
Figure 2 of Chen, reproduced below (Chen ¶ 10):
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As shown in Figure 2, camera 30 includes body 31, lens 32, and USB plug
33. Television 20 includes rear casing 25 with connector 23. Chen discloses
that USB plug 33 can be inserted into connecting device 23. Id. ¶ 16.
Figure 4 of Chen, reproduced below, illustrates that insertion:

Figure 4 shows the attachment of camera 30 to television 20. Connector 23,
which is part of rear casing 25, encloses USB plug 33 of camera 30. Chen ¶
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16. The Examiner finds that, as a result, the enclosure of television 20
partially encloses camera 30. Ans. 4. The Examiner further finds that the
Specification uses the term “enclosed” to encompass both partial and full
enclosures. Id. Appellant does not identify any errors in either finding, and
we see none. Chen teaches that USB plug 33 is part of camera 30. Chen ¶¶
14, 16. Therefore, the enclosure of USB plug 33 is a partial enclosure of the
camera. Further, the Specification uses the term “enclosed” to refer to both
partial and full enclosures. When describing control box 301, the
Specification states: “control box 301 . . . may be enclosed (in part or in full)
in the camera 16.” Spec. 26–27 (emphasis added). Therefore, we agree with
the Examiner that the broadest reasonable interpretation of enclosed (and
hence enclosure) as used in the Specification encompasses partial
enclosures. Ans. 4. Further, because Chen discloses television 20 partially
encloses camera 30, we agree with the Examiner that Chen teaches or
suggests the “single enclosure housing” limitation of claim 2. Id. at 3–4.
Appellant also argues that Chen does not teach or suggest the
limitation of claim 2 of “a cable that is connectable to simultaneously carry
digital data signal and a[] DC power signal.” Appeal Br. 9. The Examiner
finds that Chen’s USB cable teaches or suggests the recited cable. Final Act.
5. Although Appellant acknowledges that a USB cable can carry power in
addition to data, Appellant argues that Chen’s USB disclosure does not teach
or suggest the recited cable because Chen “is silent about any powering in
general, and carrying power over a cable (with data) in particular.” Appeal
Br. 9.
We agree with the Examiner. The Examiner finds that Chen’s only
connection to camera 30 is through its USB port. Ans. 5. The Examiner
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further finds that an ordinarily skilled artisan would have known that Chen’s
device, including its camera, requires power to operate, so the USB cable
would be expected to transmit power. Id. Further, the Examiner finds that
USB cables generally have wires for transferring power. Id. Therefore, the
Examiner determines that Chen’s USB cable would be expected to carry
power. Id. Appellant has not identified any errors in these findings by the
Examiner, and we see none. Accordingly, we agree that Chen teaches or
suggests the cable recited by claim 2.
In the Final Action and the Answer, the Examiner addresses the other
arguments Appellant made, including those concerning motivations to
combine references. As indicated above, we agree with and adopt the
Examiner’s reasoning regarding those arguments.
CONCLUSION
The Examiner’s rejections are affirmed.
DECISION SUMMARY
In summary:
Claims
Rejected
35
U.S.C.
§ Reference(s)/Basis Affirmed Reversed
55–57, 65, 66,
70–77
102(b) Xu 55–57, 65, 66,
70–77

2, 3, 6, 13, 14,
16, 17, 36–39,
44, 46, 54
103(a) Chen, Xu 2, 3, 6, 13, 14,
16, 17, 36–39,
44, 46, 54

4, 5, 31–33,
45, 51
103(a) Chen, Xu, AAPA 4, 5, 31–33,
45, 51

15, 50 103(a) Chen, Xu, Gutta 15, 50
18, 19, 34, 35,
52, 53
103(a) Chen, Xu, Kitaura 18, 19, 34, 35,
52, 53

20–22, 40–42 103(a) Chen, Xu, Cho 20–22, 40–42
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Application 15/001,422

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Claims
Rejected
35
U.S.C.
§ Reference(s)/Basis Affirmed Reversed
23–27, 43 103(a) Chen, Xu, Binder 23–27, 43
28, 29 103(a) Chen, Xu, Binder,
Magiaracina
28, 29
30 103(a) Chen, Xu, Karam 30
58, 64 103(a) Xu, Gutta 58, 64
59–61, 63 103(a) Xu, Kitaura 59–61, 63
67–69 103(a) Xu, Chen 67–69
Overall Outcome 2–6, 13–46,
50–61, 63–77

TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv).

AFFIRMED