Appeal No. 2006-1054
Application No. 09/739,619
imaging portion (or camera) in appellants’ disclosure is embodied as a light flashing
system 130 (Fig. 1), an arrow 150 on monitor 110 (spec. at 6, ll. 4-7), or a caption on
the monitor that may comprise characters, patterns, or backgrounds (id. at ¶ bridging
pages 14 and 15).
Hiroaki describes several ways that the user of a video communication terminal
unit is informed that he or she is not properly framed by the camera. Of particular
interest are the embodiments shown in Figures 13A and 13B. In Figure 13A, arrow
1301 may indicate the direction in which the user should move. In Figure 13B, a
message 1302 is displayed, indicating that the user should move to the right. Hiroaki
col. 15, l. 53 - col. 16, l. 21.
We have considered all of appellants’ arguments in the briefs. However, we
agree with the examiner that Hiroaki describes means for guiding the operator’s line of
sight toward the imaging portion within the ambit of claim 1. Appellants’ arguments
seem to imply that instant claim 1 is drawn to a process that requires particular
interaction between a human being and the picture-phone device. The claim, however,
is drawn to an apparatus. The apparatus does not, and cannot, control how a user
might interact with the system.
Moreover, the claim does not recite, for example, that the operator’s line of sight
is directed to the imaging portion. The claim recites that the operator’s line of sight is
directed “toward” the imaging portion. The above-noted arrow or text shown in Hiroaki’s
figures indicate that the user should move toward the camera. The user’s line of sight
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