throbber

`
`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
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`13/256,750
`
`09/15/2011
`
`Keizo Yuki
`
`OHNO—113US
`
`9252
`
`52473
`7590
`WOW
`W
`RATNERPRESTIA —
`PO. BOX 980
`DANG, HUNGQ
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`2484
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`11/08/2013
`
`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):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 13/256,750 YUKI, KEIZO
`
`
`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`HUNG DANG first“ 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 CFR 1.136(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)IXI Responsive to communication(s) filed on 10/10/2013.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`a)IXl This action is 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)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`5)|XI Claim(s) L8is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)IZ| CIaim(s)_1-8is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
`
`9)|:l 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
`htt
`://www.usoto. ov/ atents/init events"
`
`
`
`h/index.‘s or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I 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)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some * c)I:I None of the:
`a)I:I All
`1.|:| Certified copies of the priority documents have been received.
`2.|:| Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`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) D Notice of References Cited (PTO-892)
`
`3) I] Interview Summary (PTO-413)
`
`Paper NOISIIMa” Date —
`PTO/SB/08
`t
`St t
`I
`D'
`t'
`f
`2 I:l I
`)
`4) I:I Other:
`a emen (s)(
`Isc osure
`n orma Ion
`)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL-326 (Rev. 08-13)
`
`Part of Paper No./Mai| Date 20131101
`
`Office Action Summary
`
`

`

`Application/Control Number: 13/256,750
`
`Page 2
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`Art Unit: 2484
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`DETAILED ACTION
`
`Response to Arguments
`
`Applicant's arguments filed 10/10/2013 have been fully considered but they are
`
`not persuasive.
`
`On pages 4-5, Applicant argues that the amended feature of “the second screen
`
`information is obtained from the optical disk” has support in the originally filed
`
`specification at page 23, paragraph [0077].
`
`In response, Examiner respectfully disagrees. Upon reviewing paragraph [0077]
`
`of the originally filed specification of the application, Examiner found that the subject
`
`matter of paragraph [0077] does not support the amended feature. Specifically,
`
`paragraph [0077] states,
`
`“Generally, when the BD-J title is constituted by a plurality of BD-ROMs i0, all the BD-
`
`
`ROMS i0 except the last one are provided with the function of disk unbound. However, the disk
`
`replacement demand screen based on the data recorded on the BD-ROM 10 cannot be output
`
`during output of the mask screen. In view of this, in this embodiment, disk replacement demand
`
`screen information that forms the base of the disk replacement demand screen that can be
`
`output during output of the mask screen is held in the reproducing apparatus 100 like the mask
`
`screen information.”
`
`Clearly, paragraph [0077] of the originally filed specification clearly says the
`
`second screen information, e.g. the replacement demand screen, is held in the
`
`reproducing apparatus and outputted based on the data recorded on the BD-ROM. The
`
`data recorded on the BD-ROM in this context is clearly the content data, e.g. movie
`
`and/or audio data. In other words, when there is no more content data on the disk to be
`
`

`

`Application/Control Number: 13/256,750
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`Page 3
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`Art Unit: 2484
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`outputted, the replacement demand screen is then outputted to prompt the user to
`
`replace a new disk. This is different from the disk replacement demand screen
`
`information is recorded on the BD-ROM.
`
`As such, the subject matter is clearly disclosed by lkeda. Specifically, in at least
`
`[0334], lkeda teaches when the first part of a movie is finished with playback, the
`
`replacement demand screen is outputted. Therefore, the replacement demand screen in
`
`lkeda is outputted based on whether the data recorded on the disk is finished with its
`
`playback. This is the same subject matter as described in paragraph [0077] of the
`
`originally filed specification of the current application.
`
`Therefore, the currently amended claims do not overcome the teachings of prior
`
`art.
`
`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`
`doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory
`
`obviousness-type double patenting rejection is appropriate where the conflicting claims
`
`are not identical, but at least one examined application claim is not patentably distinct
`
`from the reference claim(s) because the examined application claim is either anticipated
`
`by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140
`
`F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29
`
`USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir.
`
`

`

`Application/Control Number: 13/256,750
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`Page 4
`
`Art Unit: 2484
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`1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422
`
`F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163
`
`USPQ 644 (CCPA 1969).
`
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321(d)
`
`may be used to overcome an actual or provisional rejection based on a nonstatutory
`
`double patenting ground provided the conflicting application or patent either is shown to
`
`be commonly owned with this application, or claims an invention made as a result of
`
`activities undertaken within the scope of a joint research agreement.
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`
`37 CFR 3.73(b).
`
`Claim 1 is provisionally rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 1-2 of
`
`copending Application No. 13/256655 in view of Shiraishi et al. (US Patent
`
`7,088,906 B1 — hereinafter Shiraishi) and Ikeda (US 2008/0292270 A1 — hereinafter
`
`Ikeda)
`
`This is a provisional obviousness-type double patenting rejection.
`
`Current application
`
`Application no. 13/256655
`
`a sional oorocessin unit that oerforms back-round
`
`Claim 1. An on-vehicle optical disk reproducing
`apparatus, comprising:
`
`Claim 1. An on-vehicle optical disk reproducing
`apparatus, comprising:
`
`a housing unit that houses an optical disk; and
`
`a housing unit that houses an optical disk; and
`
`a signal processing unit that controls output of
`imaoe and sound of a title reoroduced based on
`
`

`

`Application/Control Number: 13/256,750
`
`Page 5
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`Art Unit: 2484
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`data recorded on the housed optical disk,
`
`wherein the signal processing unit holds first
`screen information concerning a mask screen that
`masks a reproduction screen of the title, and
`second screen information concerning a
`replacement demand screen that prompts
`replacement of the optical disk housed in the
`housing unit,
`
`the signal processing unit causes the mask screen
`to be output based on the first screen information
`instead of the image of the title while the vehicle is
`running and the title is being reproduced, and
`
`the signal processing unit switches a screen to be
`output from the mask screen based on the first
`screen information to the replacement demand
`screen based on the second screen information
`when the sound of the title is in a silent state
`
`continuously for a predetermined time or more
`while the vehicle is running the title is being
`reproduced.
`
`predetermined time or more.
`
`playback of a title based on data recorded on the
`housed optical disk during a period starting at
`transition of an operation mode of the optical disk
`reproducing apparatus from an optical disk
`reproduction mode to a different mode and ending
`at return of the operation mode to the optical disk
`reproduction mode,
`
`wherein the signal processing unit holds first
`screen information concerning a mask screen that
`masks a reproduction screen of the title, and
`second screen information concerning a
`replacement demand screen that prompts
`replacement of the optical disk housed in the
`housing unit,
`
`the signal processing unit causes the mask screen
`to be output based on the first screen information
`when the operation mode is returned to the optical
`disk reproduction mode in a case where a playback
`position of the housed optical disk does not reach
`an end during a period of the background playback,
`and
`
`the signal processing unit causes the replacement
`demand screen to be output based on the second
`screen information when the operation mode is
`returned to the optical disk reproduction mode in a
`case where the playback position of the housed
`optical disk reaches the end during the period of
`the background playback.
`
`Claim 2. The optical disk reproducing apparatus
`according to claim 1, wherein the signal processing
`unit determines that the playback position of the
`housed optical disk reaches an end when sound of
`the title is in a silent state continuously for a
`
`However, claims 1-2 of copending Application No. 13/256655 do not recite the
`
`signal processing causes the mask screen to be output while the vehicle is running and
`
`

`

`Application/Control Number: 13/256,750
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`Page 6
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`Art Unit: 2484
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`switches from the mask screen to a replacement demand screen while the car is
`
`running, wherein the second screen information is obtained from the optical disk.
`
`Shiraishi discloses the signal processing unit switches screens while the vehicle
`
`is running (column 8, lines 34-57; column 9, lines 1-9 — the signal processing units
`
`causes display of at least a blue screen or a navigation screen that masks the a
`
`reproduction screen of the title when the car is traveling when the title is reproducing as
`
`shown in Fig. 5(a)).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate teachings of Shiraishi into the apparatus recited in claims
`
`1-2 of copending Application No. 13/256655 so that safety driving of the driver is
`
`secured.
`
`However, the proposed combination of Shiraishi and claims 1-2 of copending
`
`Application No. 13/256655 do not recite the second screen information is obtained from
`
`the optical disk.
`
`lkeda discloses second screen information is obtained from an optical disk
`
`([0334] — see Response to Arguments above).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of lkeda into the reproducing apparatus
`
`taught by Shiraishi to allow the user replace a new disk to continue playback when there
`
`is no more data on the disk to be played back.
`
`Claims 2-8 are provisionally rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 1- of
`
`

`

`Application/Control Number: 13/256,750
`
`Page 7
`
`Art Unit: 2484
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`copending Application No. 13/256655 in view of Shiraishi et al. (US Patent
`
`7,088,906 B1 — hereinafter Shiraishi), Ikeda (US 2008/0292270 A1 — hereinafter
`
`Ikeda), and Yamada et al. (US Patent 5,469,307 — hereinafter Yamada).
`
`Regarding claim 2, see claims 1 and 3 of copending Application 13/256655 as
`
`discussed above. However, claims 1 and 3 of copending Application 13/256655 do not
`
`recite, “the signal processing unit switches a screen to be output from the mask screen
`
`based on the first screen information to the replacement demand screen based on the
`
`second screen information when the sound of the title is in a silent state continuously for
`
`a predetermined time or more while the vehicle is running the title is being reproduced.”
`
`Shiraishi discloses the signal processing unit switches screens while the vehicle
`
`is running (column 8, lines 34-57; column 9, lines 1-9 — the signal processing units
`
`causes display of at least a blue screen or a navigation screen that masks the a
`
`reproduction screen of the title when the car is traveling when the title is reproducing as
`
`shown in Fig. 5(a)).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate teachings of Shiraishi into the apparatus recited in claims
`
`1-2 of copending Application No. 13/256655 so that safety driving of the driver is
`
`secured.
`
`Ikeda discloses a signal processing unit holds second screen information
`
`concerning a replacement demand screen that prompts replacement of the optical disk
`
`housed in the housing unit ([0334] - the signal processing units holds a message for
`
`display on a replacement demand screen prompting the user to replace the BD-ROM),
`
`

`

`Application/Control Number: 13/256,750
`
`Page 8
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`Art Unit: 2484
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`and the signal processing unit switches a screen to be output from a screen to the
`
`replacement demand screen based on the second screen information when it is
`
`detected that there is no more data on the disk to be played back (Fig. 33; Figs. 34A-
`
`340; [0334] — the signal processing unit switches to the replacement demand screen to
`
`display the message prompting the user to replace the BD-ROM).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of lkeda into the reproducing apparatus
`
`recited by claim 3 of copending Application 13/256655 in view of Shiraishi to allow the
`
`user replace a new disk to continue playback when there is no more data to be played
`
`back.
`
`However, claim 3 of copending Application No. 13/256655 in view of Shiraishi
`
`and lkeda do not disclose it is detected that there is no more data on the disk to be
`
`played back when the sound of the title is in a silent state continuously for a
`
`predetermined time or more while the vehicle is running the title is being reproduced.
`
`Yamada discloses it is detected that there is no more data on a recording
`
`medium when the sound of the title is in a silent state continuously for a predetermined
`
`time or more (column 6, lines 16- 18 — if a silent state continues for a fixed period of
`
`time, the system knows that there is no more data on the recording medium).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Yamada into the on-vehicle optical disk
`
`reproducing apparatus recited in claim 3 of copending Application No. 13/256655 in
`
`view of Shiraishi and lkeda to automatically demand a replacement of a new disk
`
`

`

`Application/Control Number: 13/256,750
`
`Page 9
`
`Art Unit: 2484
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`without waiting for a long period of time thus enhancing the user interface of the
`
`apparatus.
`
`Claims 3-8 of current application are rejected by claims 3-8 of copending
`
`Application No. 13/256655 in view of Shiraishi, lkeda, and Yamada discussed above.
`
`Claim Rejections - 35 USC § 1 12
`
`The following is a quotation of 35 U.S.C. 112(a):
`(a) IN GEN ERAL.—The specification shall contain a written description of the invention, and
`of the manner and process of making and using it, in such full, clear, concise, and exact terms
`as to enable any person skilled in the art to which it pertains, or with which it is most nearly
`connected, to make and use the same, and shall set forth the best mode contemplated by the
`inventor or joint inventor of carrying out the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), first paragraph:
`The specification shall contain a written description of the invention, and of the manner and
`process of making and using it, in such full, clear, concise, and exact terms as to enable any
`person skilled in the art to which it pertains, or with which it is most nearly connected, to make
`and use the same and shall set forth the best mode contemplated by the inventor of carrying
`out his invention.
`
`Claims 1-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA),
`
`first paragraph, as failing to comply with the written description requirement. The
`
`claim(s) contains subject matter which was not described in the specification in
`
`such a way as to reasonably convey to one skilled in the relevant art that the
`
`inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the
`
`application was filed, had possession of the claimed invention.
`
`Claim 8 recites “the second screen information is obtained from the optical disk.”
`
`However, as evidenced in paragraph [0077], the originally filed specification of the
`
`current application clearly describes that the second screen information is held in the
`
`reproducing apparatus and outputted based on data recorded on the BD-ROM.
`
`Examiner respectfully submits that “outputted based on data recorded on the optical
`
`

`

`Application/Control Number: 13/256,750
`
`Page 10
`
`Art Unit: 2484
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`disk” is different from “being obtained from the optical disk.” There is no disclosure that
`
`describes the second screen information is obtained from the optical disk."
`
`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.
`
`Claims 1-8 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Shiraishi et al. (US Patent 7,088,906 B1 — hereinafter Shiraishi), Ikeda (US
`
`2008/0292270 A1 — hereinafter Ikeda), and Yamada et al. (US Patent 5,469,307 —
`
`hereinafter Yamada).
`
`Regarding claim 1, Shiraishi discloses an on-vehicle optical disk reproducing
`
`apparatus, comprising: a housing unit that houses an optical disk (Fig. 1; column 3,
`
`lines 10-20; column 7, lines 52-67 — a housing unit in a car houses a DVD shown in Fig.
`
`1); and a signal processing unit that controls output of image and sound of a title
`
`reproduced based on data recorded on the housed optical disk (Fig. 1; column 4, lines
`
`37-44 — a signal processing unit controls output of image of a title output of sound of the
`
`title recorded on the DVD), wherein the signal processing unit holds first screen
`
`information concerning a mask screen that masks a reproduction screen of the title
`
`(column 8, lines 34-57 — the signal processing units holds first screen information
`
`comprising at least a blue screen or a navigation screen that masks the a reproduction
`
`screen of the title when the car is traveling), the signal processing unit causes the mask
`
`

`

`Application/Control Number: 13/256,750
`
`Page 11
`
`Art Unit: 2484
`
`screen to be output based on the first screen information instead of the image of the title
`
`while the vehicle is running and the title is being reproduced (column 8, lines 34-57;
`
`column 9, lines 1 -9 — the signal processing units causes display of at least a blue
`
`screen or a navigation screen that masks the a reproduction screen of the title when the
`
`car is traveling when the title is reproducing as shown in Fig. 5(a)).
`
`However, Shiraishi does not disclose the signal processing unit holds second
`
`screen information concerning a replacement demand screen that prompts replacement
`
`of the optical disk housed in the housing unit, wherein the second screen information is
`
`obtained from the optical disk; and the signal processing unit switches a screen to be
`
`output from the mask screen based on the first screen information to the replacement
`
`demand screen based on the second screen information obtained from the optical disk
`
`when the sound of the title is in a silent state continuously for a predetermined time or
`
`more while the vehicle is running the title is being reproduced.
`
`lkeda discloses a signal processing unit holds second screen information
`
`concerning a replacement demand screen that prompts replacement of the optical disk
`
`housed in the housing unit ([0334] - the signal processing units holds a message for
`
`display on a replacement demand screen prompting the user to replace the BD-ROM),
`
`wherein the second screen information is obtained from the optical disk ([0334]— see
`
`Response to Arguments above) and the signal processing unit switches a screen to be
`
`output from a screen to the replacement demand screen based on the second screen
`
`information obtained from the optical disk ([0334] — see Response to Arguments above)
`
`when it is detected that there is no more data on the disk to be played back (Fig. 33;
`
`

`

`Application/Control Number: 13/256,750
`
`Page 12
`
`Art Unit: 2484
`
`Figs. 34A-34C; [0334] — the signal processing unit switches to the replacement demand
`
`screen to display the message prompting the user to replace the BD-ROM).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Ikeda into the reproducing apparatus
`
`taught by Shiraishi to allow the user replace a new disk to continue playback.
`
`However, Shiraishi and Ikeda do not disclose it is detected that there is no more
`
`data on the disk to be played back when the sound of the title is in a silent state
`
`continuously for a predetermined time or more while the vehicle is running the title is
`
`being reproduced.
`
`Yamada discloses it is detected that there is no more data on a recording
`
`medium when the sound of the title is in a silent state continuously for a predetermined
`
`time or more (column 6, lines 16- 18 — if a silent state continues for a fixed period of
`
`time, the system knows that there is no more data on the recording medium).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to incorporate the teachings of Yamada into the on-vehicle optical disk
`
`reproducing apparatus taught by Shiraishi and Ikeda to automatically demand a
`
`replacement of a new disk without waiting for a long period of time thus enhancing the
`
`user interface of the apparatus.
`
`Regarding claim 2, see the teachings of Shiraishi, Ikeda, and Yamada as
`
`discussed in claim 1 above. However, the proposed combination does not comprise the
`
`feature of “the signal processing unit switches the screen to be output to the
`
`replacement demand screen based on the second screen information concerning a
`
`

`

`Application/Control Number: 13/256,750
`
`Page 13
`
`Art Unit: 2484
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`condition that disk unbound information is stored in an application in the housed optical
`
`disk.”
`
`lkeda also discloses the signal processing unit switches the screen to be output
`
`to the replacement demand screen based on the second screen information concerning
`
`a condition that disk unbound information is stored in an application in the housed
`
`optical disk ([0336]; [0339]; Fig. 29 - disk unbound application is stored and playback of
`
`disk unbound application is not ended and supposed to continue when a new disk is
`
`inserted).
`
`One of ordinary skill in the art at the time the invention was made would have
`
`been motivated to further incorporate the teachings of lkeda into the apparatus
`
`proposed in claim 1 to achieve continuity of playback.
`
`Regarding claim 3, see the teachings of Shiraishi, Ikeda, and Yamada as
`
`discussed in claim 2 above. However, the proposed combination does not comprise the
`
`feature of “the signal processing unit refers to the application in the housed optical disk
`
`on a condition that the silent state continues for the predetermined time or more while
`
`the vehicle is running the title is being reproduced.”
`
`lkeda also discloses the signal processing unit refers to the application in the
`
`housed optical disk on a condition that there is no more data on the disk to be played
`
`back ([0336]; [0339]; Fig. 29 — the signal processing unit refers to the disk unbound
`
`application when the first part of the movie is finished with reproduction).
`
`The motivation for incorporating the teachings of lkeda has been discussed in
`
`claim 2 above.
`
`

`

`Application/Control Number: 13/256,750
`
`Page 14
`
`Art Unit: 2484
`
`However, the proposed combination does not comprise the feature of “the
`
`condition that that there is no more data on the disk to be played back is when the silent
`
`state continues for the predetermined time or more while the vehicle is running the title
`
`is being reproduced”.
`
`Yamada discloses it is detected that there is no more data on a recording
`
`medium when the sound of the title is in a silent state continuously for a predetermined
`
`time or more (column 6, lines 16- 18 — if a silent state continues for a fixed period of
`
`time, the system knows that there is no more data on the recording medium).
`
`The motivation for incorporating the teachings of Yamada has been discussed in
`
`claim 1 above.
`
`Regarding claim 4, see the teachings of Shiraishi, lkeda, and Yamada as
`
`discussed in claim 1 above, wherein Shiraishi also discloses a condition that the vehicle
`
`is running (column 8, lines 38-42— the car is traveling).
`
`However, the proposed combination does not comprise the feature of "the signal
`
`processing unit determines that the silent state continues for the predetermined time or
`
`more on a condition that the title is being reproduced.”
`
`Yamada also discloses the signal processing unit determines that the silent state
`
`continues for the predetermined time or more on a condition that the title is being
`
`reproduced (column 6, lines 12- 18 — if a silent state continues for a fixed period of time
`
`on a condition that a program, 9.9. music is being reproduced).
`
`The motivation for incorporating the teachings of Yamada has been discussed in
`
`claim 1 above.
`
`

`

`Application/Control Number: 13/256,750
`
`Page 15
`
`Art Unit: 2484
`
`Regarding claim 5, see the teachings of Shiraishi, lkeda, and Yamada as
`
`discussed in claim 1 above. Shiraishi also discloses the signal processing unit switches
`
`a screen to be output to a different screen on condition that a user performs a stop
`
`operation or an eject operation or a vehicle stops ([Fig. 3, step S112; column 10, lines
`
`1-9 — when it is determined that the car is stopped, the controller causes the content
`
`data to be displayed in a normal way as further described in Fig. 4).
`
`However, the proposed combination does not comprise the feature of “the signal
`
`processing unit switches a screen to be output to the different screen from the
`
`replacement demand screen based on the second screen information while the
`
`replacement demand screen is being output based on the second screen information.”
`
`lkeda also discloses the signal processing unit switches a screen to be output to
`
`from the replacement demand screen to a different screen based on the second screen
`
`information while the replacement demand screen is being output based on the second
`
`screen information (Fig. 21 — when the replacement demand screen is being output, the
`
`signal processing unit switches to the screen displaying the content of the newly
`
`inserted disk if the new disk is inserted).
`
`One of ordinary skill in the art at would have been motivated to further
`
`incorporate the teachings of lkeda into the reproducing apparatus proposed in claim 1 to
`
`achieve continuity of playback when it is safe to playback the content and the content
`
`becomes available for playback.
`
`Regarding claim 6, see the teachings of Shiraishi, lkeda, and Yamada as
`
`discussed in claim 5 above. Shiraishi also discloses the signal processing unit further
`
`

`

`Application/Control Number: 13/256,750
`
`Page 16
`
`Art Unit: 2484
`
`holds third screen information concerning a playback stop state notification screen
`
`representing that reproduction of the title is stopped ([Fig. 5(0); column 9, lines 51-62—
`
`when the reproduction of the DVD is stopped, the controller causes a playback stop
`
`state notification screen as shown in Fig. 5(0)), and switches a screen to be output a
`
`screen to the playback stop state notification screen based on the third screen
`
`information when the user performs the stop operation ([Fig. 5(0); column 9, lines 51-62
`
`— when the reproduction of the DVD is stopped, the controller switches to a playback
`
`stop state notification screen as shown in Fig. 5(0)).
`
`However, the proposed combination does not comprise the feature of “the signal
`
`processing unit switches a screen to be output from the replacement demand screen
`
`based on the second screen information to the playback stop state notification screen
`
`while the replacement demand screen is being output based on the second screen
`
`information.”
`
`lkeda also discloses the signal processing unit switches a screen to be output to
`
`from the replacement demand screen based on the second screen information while the
`
`replacement demand screen is being output based on the second screen information
`
`(Fig. 21 — when the replacement demand screen is being output, the signal processing
`
`unit switches to the another screen).
`
`One of ordinary skill in the art at would have been motivated to further
`
`incorporate the teachings of lkeda into the reproducing apparatus proposed in claim 5 to
`
`display the status of the reproduction when the user chooses to stop the reproduction at
`
`the time the replacement demand screen is outputted to allow the user to stop playback
`
`

`

`Application/Control Number: 13/256,750
`
`Page 17
`
`Art Unit: 2484
`
`at any desired time including the time the replacement demand screen is outputted and
`
`to enhance the user interface of the apparatus by notifying the user of the status of the
`
`apparatus.
`
`Regarding claim 7, see the t

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