`
`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
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`13/383,905
`
`01/13/2012
`
`Yoshinori Hiramatsu
`
`OHNO—116US
`
`6111
`
`EXAMINER
`RATNERPRESTIA —
`02W” —
`7590
`W
`PO. BOX 980
`DANG, HUNGQ
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`2484
`
`MAIL DATE
`
`02/08/2013
`
`DELIVERY MODE
`
`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)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`
` 13/333,905 HIRAMATSU ET AL.
`Examiner
`Art Unit
`HUNG DANG
`2484
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)|Zl Responsive to communication(s) filed on 13 January 2012.
`
`2a)|:l This action is FINAL.
`
`2b)IXI This action is non-final.
`
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)IXI Claim(s) 1-12 is/are pending in the application.
`
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`
`6)|:| Claim(s) _ is/are allowed.
`
`7)|Xl Claim(s)_1-12 is/are rejected.
`
`8)|:| Claim(s) _ is/are objected to.
`
`
`9)I:I Claim((s)
`
`are subject to restriction and/or election requirement.
`
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway
`program at a participating intellectual property office for the corresponding application. For more information, please see
`
`httn:,I/www usntq. quwua'ertslanr event3/
`h/Indexis or send an inquiry to PPeredback us Emmi.
`
`Application Papers
`
`10)|:| The specification is objected to by the Examiner.
`
`11)|Xl The drawing(s) filed on 13 January 2012 is/are: a)IXI accepted or b)I:I objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)|X| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)lZl All
`
`b)|:l Some * c)I:I None of:
`
`1.IXI Certified copies of the priority documents have been received.
`
`2.|:l Certified copies of the priority documents have been received in Application No. _
`
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`
`
`Attachment(s)
`
`1) IZI Notice of References Cited (PTO-892)
`
`2) E Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 09-12)
`
`3) I] Interview Summary (PTO-413)
`Paper No(s)/Mai| Date.
`4) D Other:
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20130205
`
`

`

`Application/Control Number: 13/383,905
`
`Page 2
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`Art Unit: 2484
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`DETAILED ACTION
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`Claim Objections
`
`Claim 12 is objected to because of the following informalities:
`
`Claim 12 recites, “the graphics menu,” which should be “the graphic menu” for
`
`being consistent with "the graphic menu” recited in claim 11. The informality can also be
`
`corrected if claim 11 is amended to recite "the graphics menu".
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
`
`Claims 1-4 rejected under 35 U.S.C. 102(b) as being anticipated by
`
`Uchimura (US 2007/0140667 A1 — hereinafter Uchimura).
`
`Regarding claim 1, Uchimura discloses a disc reproduction apparatus
`
`reproducing a disc in which an HDMV mode or BD-J mode title is held (Fig. 23; [0083];
`
`[0179]— a reproducing apparatus reproducing a BD-ROM as shown in Fig. 6 in which
`
`an HDMV mode or MD-J mode title is held as further described in [0083]), the disc
`
`reproduction apparatus comprising: a reproduction section reproducing the title ([0104];
`
`[0191]-[0193]; [0185]— reproducing image data of the title); a memory holding a
`
`program for a user interface that displays a screen for accepting a user's operation on a
`
`monitor (Fig. 14; [0145]-[0146]; [0028]-[0029] — menu screen is displayed on a monitor
`
`

`

`Application/Control Number: 13/383,905
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`Page 3
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`Art Unit: 2484
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`for accepting user’s operations as further described in at least [0124]-[0135]), the
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`monitor being for displaying a reproduction screen of the title reproduced by the
`
`reproduction section and being connected to the disc reproduction apparatus ([0104];
`
`Fig. 9 — displaying mage data of the title in accordance with a play/ist); and a signal
`
`processing section accepting a user's operation and displaying, on the monitor, a pop-
`
`up menu and the user interface specific to a title being reproduced by the reproduction
`
`section (Fig. 14; Fig. 24; [0145]-[0146]; [0028]-[0029] — accepting user’s operations as
`
`further described in at least [0124]-[0135] and displaying a menu screen and a pop-up
`
`menu on the monitor); wherein upon accepting a user's operation to display the pop-up
`
`menu or the user interface, the signal processing section causes the monitor to display
`
`only any of the pop-up menu and the user interface (Fig. 24; [0228]-[0229]— either the
`
`menu screen or the pop-up menu is displayed in according to a value of
`
`“user_interface_model" as further shown in Fig. 27, in which only the menu screen is
`
`displayed in step S102 and only the pop-up menu is displayed in step 8103).
`
`Regarding claim 2, Uchimura also discloses upon accepting a user's operation to
`
`display the pop-up menu or the user interface, the signal processing section deletes the
`
`pop-up menu or the user interface, whichever does not correspond to the user's
`
`operation ([0228]-[0229] — either the menu screen or the pop-up menu is displayed in
`
`according to a value of “user_interface_model" as further shown in Fig. 27, in which only
`
`the menu screen is displayed in step S102 and only the pop-up menu is displayed in
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`step S103 — at least removing the menu, which does not correspond to the user’s
`
`operation).
`
`

`

`Application/Control Number: 13/383,905
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`Page 4
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`Art Unit: 2484
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`Regarding claim 3, Uchimura also discloses the signal processing section
`
`accepts a user's operation via a touch panel integrated with a remote controller or the
`
`monitor ([0182] — accepting a user’s operation via a touch panel integrated with a
`
`remote controller).
`
`Regarding claim 4, Uchimura also discloses the signal processing section
`
`accepts a user's operation ([0182] — accepting a user’s operation via a touch panel
`
`integrated with a remote controller) to display the pop-up menu via the touch panel
`
`([0228]-[0229] —the pop-up menu is displayed in according to a value of
`
`“user_interface_model" as further shown in Fig. 27, in which the pop-up menu is
`
`displayed in step S103), displays the pop-up menu on the monitor upon determining
`
`that the pop-up menu can be displayed, and displays the user interface on the monitor
`
`upon determining that the pop-up menu cannot be displayed ([0228]—[0229]— either the
`
`menu screen or the pop-up menu is displayed in according to a value of
`
`“user_interface_model" as further shown in Fig. 27, in which only the menu screen is
`
`displayed in step S102 and only the pop-up menu is displayed in step S103 - when
`
`“user_interface_model” = 1, the pop-up menu can be displayed, when the
`
`“user_interface_model" = 0, the pop-up menu cannot be displayed).
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`

`

`Application/Control Number: 13/383,905
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`Page 5
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`Art Unit: 2484
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`Claims 5-12 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Uchimura as applied to claims 1-4 above, and further in view of Okamura (US
`
`2006/0123357 A1 — hereinafter Okamura).
`
`Regarding claim 5, see the teachings of Uchimura as discussed in claim 4 above.
`
`However, Uchimura does not disclose when there is not a button for accepting a user's
`
`operation at a position on the touch panel where the user has touched, the signal
`
`processing section determines that the touch is a user's operation to display the pop-up
`
`menu.
`
`Okamura discloses when there is not a button for accepting a user's operation at
`
`a position on a touch panel where the user has touched, the signal processing section
`
`determines that the touch is a user's operation to display a pop-up menu ([0080]; [0097]
`
`— touching a touch panel where there is no button for accepting the user’s operation, it
`
`is determined that a pop-up menu is to be displayed at the touched position).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Okamura into the apparatus taught by
`
`Uchimura to enhance the user interface of the apparatus by implementing default
`
`touching at a desired position to display a pop-up menu.
`
`Regarding claim 6, Uchimura discloses a disc reproduction apparatus
`
`reproducing a disc in which an HDMV mode or BD-J mode title is held (Fig. 23; [0083];
`
`[0179]— a reproducing apparatus reproducing a BD-ROM as shown in Fig. 6 in which
`
`an HDMV mode or MD-J mode title is held as further described in [0083]), the disc
`
`reproduction apparatus comprising: a reproduction section reproducing the title ([0104];
`
`

`

`Application/Control Number: 13/383,905
`
`Page 6
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`Art Unit: 2484
`
`[0191]-[0193]; [0185]— reproducing image data of the title); a memory holding a
`
`program for a user interface that displays a screen for accepting a user's operation on a
`
`monitor (Fig. 14; [0145]-[0146]; [0028]-[0029] — menu screen is displayed on a monitor
`
`for accepting user’s operations as further described in at least [0124]-[0135]), the
`
`monitor being for displaying a reproduction screen of the title reproduced by the
`
`reproduction section and being connected to the disc reproduction apparatus ([0104];
`
`Fig. 9 — displaying mage data of the title in accordance with a playlist); and a signal
`
`processing section accepting a user's operation onto a touch panel and displaying, on
`
`the monitor, a pop-up menu and the user interface specific to a title being reproduced
`
`by the reproduction section (Fig. 14; Fig. 24; [0145]-[0146]; [0028]-[0029]— accepting
`
`user’s operations onto a remote controller as further described in at least [0124]-[0135]
`
`and displaying a menu screen and a pop-up menu on the monitor); wherein when the
`
`user touches the touch panel, the signal processing section causes the monitor to
`
`display the pop-up menu upon determining that the pop-up menu can be displayed, and
`
`displays the user interface on the monitor upon determining that the pop-up menu
`
`cannot be displayed (Fig. 24; [0228]—[0229] — when a user touches the touch panel of a
`
`remote controller by operating the keys on the remote controller as described in [0181]-
`
`[0182], either the menu screen or the pop-up menu is displayed in according to a value
`
`of “user_interface_model" as further shown in Fig. 27, in which only the menu screen is
`
`displayed in step S102 and only the pop-up menu is displayed in step S103 - when
`
`“user_interface_model” = 1, the pop-up menu can be displayed, when the
`
`“user_interface_model" = 0, the pop-up menu cannot be displayed).
`
`

`

`Application/Control Number: 13/383,905
`
`Page 7
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`Art Unit: 2484
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`However, Uchimura does not disclose the touch panel is integrated with the
`
`monitor.
`
`Okamura discloses touch panel is integrated with the monitor ([0080];[0097]—
`
`touching a touch panel where there is no button for accepting the user’s operation, it is
`
`determined that a pop-up menu is to be displayed at the touched position).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Okamura into the apparatus taught by
`
`Uchimura to enhance the user interface of the apparatus.
`
`Regarding claim 7, see the teachings of Uchimura and Okamura as discussed in
`
`claim 6 above. However, the proposed combination does not comprise the feature of
`
`"when there is not a button for accepting a user's operation at a position on the touch
`
`panel where the user has touched, the signal processing section determines that the
`
`touch is a user's operation to display the pop-up menu or the user interface.”
`
`Okamura also discloses when there is not a button for accepting a user's
`
`operation at a position on the touch panel where the user has touched, the signal
`
`processing section determines that the touch is a user's operation to display a pop-up
`
`menu or a user interface ([0080]; [0097] — touching a touch panel where there is no
`
`button for accepting the user’s operation, it is determined that a pop-up menu is to be
`
`displayed at the touched position).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Okamura into the apparatus taught by
`
`

`

`Application/Control Number: 13/383,905
`
`Page 8
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`Art Unit: 2484
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`Uchimura to enhance the user interface of the apparatus by implementing default
`
`touching at a desired position to display a pop-up menu.
`
`Regarding claim 8, Uchimura discloses a disc reproduction apparatus
`
`reproducing a disc in which an HDMV mode or BD-J mode title is held (Fig. 23; [0083];
`
`[0179]— a reproducing apparatus reproducing a BD-ROM as shown in Fig. 6 in which
`
`an HDMV mode or MD-J mode title is held as further described in [0083]), the disc
`
`reproduction apparatus comprising: a reproduction section reproducing the title ([0104];
`
`[0191]-[0193]; [0185]— reproducing image data of the title); a memory holding a
`
`program for a user interface that displays a screen for accepting a user's operation on a
`
`monitor (Fig. 14; [0145]-[0146]; [0028]-[0029] — menu screen is displayed on a monitor
`
`for accepting user’s operations as further described in at least [0124]-[0135]), the
`
`monitor being for displaying a reproduction screen of the title reproduced by the
`
`reproduction section and being connected to the disc reproduction apparatus ([0104];
`
`Fig. 9 — displaying mage data of the title in accordance with a play/ist); and a signal
`
`processing section accepting a user's operation onto a touch panel and displaying, on
`
`the monitor, a pop-up menu and the user interface specific to a title being reproduced
`
`by the reproduction section (Fig. 14; Fig. 24; [0145]-[0146]; [0028]-[0029]— accepting
`
`user’s operations onto a remote controller as further described in at least [0124]-[0135]
`
`and displaying a menu screen and a pop-up menu on the monitor); wherein when the
`
`user touches the touch panel, the signal processing section causes the monitor to
`
`display the user interface upon determining that the user interface can be displayed,
`
`and displays the pop-up menu on the monitor upon determining that the user interface
`
`

`

`Application/Control Number: 13/383,905
`
`Page 9
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`Art Unit: 2484
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`cannot be displayed (Fig. 24; [0228]—[0229] — when a user touches the touch panel of a
`
`remote controller by operating the keys on the remote controller as described in [0181]-
`
`[0182], either the menu screen or the pop-up menu is displayed in according to a value
`
`of “user_interface_model" as further shown in Fig. 27, in which only the menu screen is
`
`displayed in step S102 and only the pop-up menu is displayed in step S103 - when
`
`“user_interface_model” = 1, the menu screen, which is the user interface, cannot be
`
`displayed, when the “user_interface_model" = 0, the menu screen, which is the user
`
`interface, can be displayed).
`
`However, Uchimura does not disclose the touch panel is integrated with the
`
`monitor.
`
`Okamura discloses touch panel is integrated with the monitor ([0080]; [0097]—
`
`touching a touch panel where there is no button for accepting the user’s operation, it is
`
`determined that a pop-up menu is to be displayed at the touched position).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Okamura into the apparatus taught by
`
`Uchimura to enhance the user interface of the apparatus.
`
`Regarding claim 9, see the teachings of Uchimura and Okamura as discussed in
`
`claim 8 above. However, the proposed combination does not comprise the feature of
`
`“when there is not a button for accepting a user's operation at a position on the touch
`
`panel where the user has touched, the signal processing section determines that the
`
`touch is a user's operation to display the pop-up menu or the user interface.”
`
`

`

`Application/Control Number: 13/383,905
`
`Page 10
`
`Art Unit: 2484
`
`Okamura also discloses when there is not a button for accepting a user's
`
`operation at a position on the touch panel where the user has touched, the signal
`
`processing section determines that the touch is a user's operation to display the pop-up
`
`menu or the user interface ([0080]; [0097] — touching a touch panel where there is no
`
`button for accepting the user’s operation, it is determined that a pop-up menu is to be
`
`displayed at the touched position).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Okamura into the apparatus taught by
`
`Uchimura to enhance the user interface of the apparatus by implementing default
`
`touching at a desired position to display a pop-up menu.
`
`Regarding claim 10, Uchimura discloses a disc reproduction apparatus
`
`reproducing a disc in which a BD-J mode is held (Fig. 23; [0083]; [0179]— a reproducing
`
`apparatus reproducing a BD-ROM as shown in Fig. 6 in which a BD-J mode title is held
`
`as further described in [0083]), wherein the title is provided with a BD-J application
`
`supporting a key event and VK-POPUP MENU ([0083]; [0095]; [0145]— wherein the VK-
`
`POPUP MENU is interpreted as a control signal sent to display or remove the popup
`
`menu); the disc reproduction apparatus comprises: a reproduction section reproducing
`
`the title ([0104]; [0191]-[0193]; [0185]— reproducing image data of the title), and a signal
`
`processing section accepting a user's operation onto a touch panel, the monitor being
`
`for displaying a reproduction screen of the title reproduced by the reproduction section
`
`and being connected to the disc reproduction apparatus (Fig. 14; Fig. 24; [0145]—[0146];
`
`[0028]-[0029] — accepting user’s operations onto a remote controller as further
`
`

`

`Application/Control Number: 13/383,905
`
`Page 11
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`Art Unit: 2484
`
`described in at least [0124]-[0135] and displaying a menu screen and a pop-up menu
`
`on the monitor); and upon receiving a key event error from the BD-J application after a
`
`user's operation onto the touch panel is notified to the BD-J application as the key
`
`event, the signal processing section issues the VK-POPUP MENU to the BD-J
`
`application ([0145] — after a key press either to turn on or off the popup menu is
`
`interpreted as a key event that generates an error, a control signal, which is interpreted
`
`as VK-POPUP MENU is sent to the BD-J application to either display the popup menu
`
`or to remove the menu).
`
`However, Uchimura does not disclose the touch panel is integrated with the
`
`monitor, the key event error and the key event as a mouse event error and mouse
`
`event.
`
`Okamura discloses touch panel is integrated with the monitor, the key event error
`
`and the key event as a mouse event error and mouse event ([0080]; [0097] — touching a
`
`touch panel where there is no button for accepting the user’s operation, it is determined
`
`that a pop-up menu is to be displayed at the touched position — mouse event error such
`
`as mouse clicked outside an item).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Okamura into the apparatus taught by
`
`Uchimura to enhance the user interface of the apparatus.
`
`Regarding claim 11, Uchimura also disclose a menu detection section detecting
`
`whether a graphic menu executed by the VK POPUP MENU has been displayed on the
`
`monitor ([0145]), wherein when the menu detection section determines that the graphic
`
`

`

`Application/Control Number: 13/383,905
`
`Page 12
`
`Art Unit: 2484
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`menu has not been displayed on the monitor, the signal processing section causes a
`
`user interface provided for the disc reproduction apparatus to be displayed ([0145] —
`
`displaying normal menu).
`
`Regarding claim 12, see the teachings of Uchimura and Okamura as discussed
`
`in claim 11 above. However, the proposed combination does not disclose the feature of
`
`“the menu detection section determines that the graphics menu has been displayed by
`
`receiving any of instructions (1) to (3) below from the BD-J application: (1) to draw
`
`graphics in an interactive plane; (2) to reproduce interactive audio registered with a
`
`sound.bdmv file held in the disc; and (3) to change the scaling of video being
`
`reproduced.”
`
`Okamura also discloses the menu detection section determines that the graphics
`
`menu has been displayed by receiving any of instructions to select a menu item from an
`
`application (Fig. 22— S47, 848).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to further incorporate the teachings of Okamura into the apparatus as
`
`proposed to facilitate processing displaying of the menu.
`
`Further, Uchimura also discloses selecting a menu item as a result of at least any
`
`of instructions (1) to (3) below: (1) to draw graphics in an interactive plane; (2) to
`
`reproduce interactive audio registered with a sound.bdmv file held in the disc; and (3) to
`
`change the scaling of video being reproduced ([0095]; [0125]).
`
`

`

`Application/Control Number: 13/383,905
`
`Page 13
`
`Art Unit: 2484
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HUNG DANG whose telephone number is (571)270-
`
`1116. The examiner can normally be reached on IFT.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, THAI Q. TRAN can be reached on 571-272—7382. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571 -273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
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`/Hung Q Dang/
`Examiner, Art Unit 2484
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