The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Response to Amendment
This office action is in response to applicant’s amendment and RCE filed, 27 April 2026, of application filed, with the above serial number, on 18 March 2015, in which claims 1-4, 6-9, 14-18, and 21-23 have been amended. Claims 1-4, 6-10, 12-18, and 20-26 are pending in the application.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 6-10, 12-18, and 20-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kang et al (hereinafter “Kang”, 2013/0120330) in view of Dougall et al (hereinafter “Dougall”, 2012/0054664).
As per Claim 1, Kang discloses a method comprising:
generating data representing a plurality of images of a content item as the content item is being output via a first device (at least Fig. 2-3, paragraph 31, 67; camera photographs images displayed by mobile device 100; par. 34 the measurement device compares “images” photographed with different levels of brightness with reference data, a plurality of images are captured by the measurement device and compared to reference data), and configuration setting(s) of the first device during the output of the content item (at least paragraph 73, 68; brightness level of images / receives the information regarding brightness level from device 100; par. 33, 36: compares the photographed image with reference data; par. 41 “display mobile device 100 receives control signals corresponding to adjusted brightness level values from the measurement device 300, periodically or each time that an image is photographed, so that it can adjust the brightness level of the image that is currently displayed”);
transmitting, to a second device, the data representing the plurality of images of the content item as the content item is being output and the current configuration setting (at least Fig. 2-3, paragraph 67-68; camera 380 transfer image to 300 and luminance value of display mobile device);
receiving, from the second device, and based on a comparison of stored user preference data with the generated data representing the plurality of images of the content item and the current configuration setting, updated configuration setting for updating the current configuration setting as the content item is being output via the first device (at least paragraph 152, 8, 31-32, 58, 62-64; adjust a level of brightness, … according to the user preferences; the visibility optimizing system automatically provides screens with optimal visibility according to respective states of mobile devices or user preferences; transmitting reference data / original image for controller to perform comparison of photographed images with reference data and creating brightness adjustment information (updated configuration setting) based on comparison; par. 41 “display mobile device 100 receives control signals corresponding to adjusted brightness level values from the measurement device 300, periodically or each time that an image is photographed, so that it can adjust the brightness level of the image that is currently displayed”);
causing the configuration setting(s) to update with the updated configuration setting(s) as the content item is being output via the first device (at least paragraph 73-74, 38; calculated brightness adjustment information is provided to display mobile device 100); and
repeating steps a-d as the content item is being output via the first device (at least paragraph 41; periodically photographing image).
While Kang discloses obtaining current configuration setting(s) as brightness level of images and receiving the information regarding brightness level from device 100 (at least paragraph 73, 68), Kang fails to explicitly disclose a plurality of current configuration settings of the first device and respective updating the plurality of current configuration settings. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of Dougall. Dougall discloses, in an analogous art, parameters including different types of display devices and their configuration settings being determined from a device to configure the device for optimal display of images/video wherein device parameters are sent 110 to server so that the settings for the STB can be optimized depending on the display being LCD, plasma, LED, DLP and depending on other environmental settings including ambient light and network bandwidth etc (as shown in Fig. 2 and at least paragraphs 29, 31-32; See also par. 23, 49-51, 60).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of Dougall’s optimal display device parameters being determined, with Kang as Dougall shows that this would enable more customized settings to be sent to the first device and display in accordance with the specific capabilities of the display device type in order to optimize settings for the user’s display according to both the content type and their display and environment (including ambient light sent from the device to the server for the server to automatically adjust: par. 36). Further, Kang discloses a mobile device 300 taking a picture of another mobile device’s display 100 to determine how that display is perceived and adjust a setting, eg. brightness of the display in response (Fig. 1), modifying Kang with Dougall would allow multiple settings of a display to be optimized according to user preferences and known display properties according to manufacturer recommendations and would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
As per Claim 2. The method of claim 1, wherein the data representing the plurality of images of the content item and the plurality of current configuration settings comprises information representing a video, audio, a data set, an application, or a combination thereof, relating to the content item (at least paragraph 34, 40; camera capturing output images by device 100; Dougall par. 48; display of video and optimizing the display settings for the video/plurality of images).
As per Claim 3. The method of claim 1, wherein the data representing the plurality of images of the content item and the plurality of current configuration settings comprises information relating to an optical property (at least paragraph 31; brightness).
As per Claim 4. The method of claim 1, wherein causing the plurality of current configuration settings to update with the plurality of updated configuration settings as the content item is being output comprises implementing the plurality of updated configuration settings automatically, manually, or a combination thereof (at least paragraph 41: ‘The display mobile device 100 receives the brightness adjustment information based on the visibility table or based on the visibility table and electric power consumption, and automatically controls the brightness level according to the received information’).
As per Claim 6. The method of claim 1, wherein causing the current configuration settings to update with the updated configuration settings comprises adjusting one or more of a brightness, a color, a contrast, a tint, a resolution, or a transmission parameter associated with the first device (at least paragraph 41: ‘The display mobile device 100 receives the brightness adjustment information based on the visibility table or based on the visibility table and electric power consumption, and automatically controls the brightness level according to the received information’).
As per Claim 7, Kang discloses a method comprising:
receiving data representing a plurality of images of a content item as the content item is being output via a device and current configuration setting(s) of the device during the output of the content item (at least Fig. 2-3, paragraph 67; camera photographs images displayed by mobile device 100; paragraph 73, 68; brightness level of images / receives the information regarding brightness level from device 100; par. 33, 36: compares the photographed image with reference data; par. 31, 34 the measurement device compares “images” photographed with different levels of brightness with reference data, a plurality of images are captured by the measurement device and compared to reference data; par. 41 “display mobile device 100 receives control signals corresponding to adjusted brightness level values from the measurement device 300, periodically or each time that an image is photographed, so that it can adjust the brightness level of the image that is currently displayed”);
determining, based on a comparison of stored user preference data with the received data representing the plurality of images of the content item and the configuration setting(s) (at least paragraph 33-36; determining luminance level or brightness level or power consumption; paragraph 8, 32, 58, 62-64; the visibility optimizing system automatically provides screens with optimal visibility according to respective states of mobile devices or user preferences) updated configuration setting(s) for the device for updating the current configuration setting(s) as the content item is being output via the device (at least paragraph 58, 62-64; transmitting reference data / original image for controller to perform comparison of photographed images with reference data and creating brightness adjustment information (updated configuration settings) based on comparison); and
transmitting, to the device, the updated configuration setting(s), wherein the device updates the current configuration setting(s) with the updated configuration setting(s) as the content item is being output via the device (at least paragraph 73-74, 38; calculated brightness adjustment information is provided to display mobile device 100);
repeating steps a-c as the content is being output via the device (at least paragraph 41; periodically photographing image).
While Kang discloses obtaining configuration setting(s) as brightness level of images and receiving the information regarding brightness level from device 100 (at least paragraph 73, 68), Kang fails to explicitly disclose a plurality of current configuration settings of the device and respective updating of a plurality of updated configuration settings. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of Dougall. Dougall discloses, in an analogous art, parameters including different types of display devices and their configuration settings being determined from a device to configure the device for optimal display of images/video wherein device parameters are sent 110 to server so that the settings for the STB can be optimized depending on the display being LCD, plasma, LED, DLP and depending on other environmental settings including ambient light and network bandwidth etc (as shown in Fig. 2 and at least paragraphs 29, 31-32; See also par. 23, 49-51, 60).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of Dougall’s optimal display device parameters being determined, with Kang as Dougall shows that this would enable more customized settings to be sent to the first device and display in accordance with the specific capabilities of the display device type in order to optimize settings for the user’s display according to both the content type and their display and environment (including ambient light sent from the device to the server for the server to automatically adjust: par. 36). Further, Kang discloses a mobile device 300 taking a picture of another mobile device’s display 100 to determine how that display is perceived and adjust a setting, eg. brightness of the display in response (Fig. 1), modifying Kang with Dougall would allow multiple settings of a display to be optimized according to user preferences and known display properties according to manufacturer recommendations and would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
As per Claim 10. The method of claim 7, further comprising determining at least one parameter associated with the device, wherein the at least one parameter comprises one or more parameters associated with one or more of a video, audio, an image, a data set, an application, and or the plurality of configuration settings for the device (at least paragraph 34, 40; camera capturing output image by device 100).
As per Claim 12. The method of claim 7, wherein the plurality of updated configuration settings are implemented on the device for presenting the content item (at least Fig. 9; loop to perform steps again; paragraph 58, 62-64; transmitting and storing reference data / original image for controller to perform comparison of photographed images with reference data and creating brightness adjustment information (updated configuration settings) based on comparison).
As per Claim 14, Kang discloses a method comprising:
receiving data representing a plurality of images of a content item according to an output of the content item via a device (at least Fig. 2-3, paragraph 67; camera photographs images displayed by mobile device 100; par. 31, 34 the measurement device compares “images” photographed with different levels of brightness with reference data, a plurality of images are captured by the measurement device and compared to reference data) and current configuration setting(s) of the device during the output of the content item (at least paragraph 73, 68; brightness level of images / receives the information regarding brightness level from device 100; par. 33, 36: compares the photographed image with reference data; par. 41 “display mobile device 100 receives control signals corresponding to adjusted brightness level values from the measurement device 300, periodically or each time that an image is photographed, so that it can adjust the brightness level of the image that is currently displayed”);
analyzing stored user preference data against the received data representing the plurality of images of the content item and the current configuration setting(s) (at least paragraph 58, 62-64, 33; transmitting reference data / original image for controller to perform comparison of photographed images with reference data and creating brightness adjustment information (updated configuration setting) based on comparison);
generating, based on the analysis of the stored user preference data against the received data representing the plurality of images of the content item and the current configuration setting(s), a modified content item according to an updated configuration setting(s) for updating the current configuration setting(s) for output of the content item at the device (at least paragraph 125-127; receiving first brightness level, adjusting display on 100 accordingly and then a second brightness level is used); and
transmitting, to the device, the modified content item (at least paragraph 125-127; receiving/transmitting first brightness level, adjusting display on 100 accordingly and then a second brightness level is used).
While Kang discloses obtaining a setting(s) such as brightness level of images and receiving the information regarding brightness level from device 100 (at least paragraph 73, 68), Kang fails to explicitly disclose a plurality of current configuration settings of the first device and respective analyzing of the plurality of current configuration settings. However, the use and advantages for using such a system was well known to one skilled in the art before the effective filing date of the claimed invention as evidenced by the teachings of Dougall. Dougall discloses, in an analogous art, parameters including different types of display devices and their configuration settings being determined from a device to configure the device for optimal display of images/video wherein device parameters are sent 110 to server so that the settings for the STB can be optimized depending on the display being LCD, plasma, LED, DLP and depending on other environmental settings including ambient light and network bandwidth etc (as shown in Fig. 2 and at least paragraphs 29, 31-32; See also par. 23, 49-51, 60).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the use of Dougall’s optimal display device parameters being determined, with Kang as Dougall shows that this would enable more customized settings to be sent to the first device and display in accordance with the specific capabilities of the display device type in order to optimize settings for the user’s display according to both the content type and their display and environment (including ambient light sent from the device to the server for the server to automatically adjust: par. 36). Further, Kang discloses a mobile device 300 taking a picture of another mobile device’s display 100 to determine how that display is perceived and adjust a setting, eg. brightness of the display in response (Fig. 1), modifying Kang with Dougall would allow multiple settings of a display to be optimized according to user preferences and known display properties according to manufacturer recommendations and would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
As per Claim 18. The method of claim 14, wherein the modified content item comprises one or more of a modified video, a modified audio, a modified data set, or a modified application associated with the content item (at least paragraph 34, 40, 125-127; camera capturing adjusted image by device 100).
As per Claim 21. The method of claim 1, wherein reference data is determined prior to generating the data representing the plurality of images of the content item and the current configuration settings (at least paragraph 33-36; the reference data may be preset image; compares the photographed image with reference data, and estimates visibility.).
As per Claim 24. The method of claim 1, wherein the stored user preference data is associated with one or more of a color setting, a brightness setting, a contrast setting, a tint setting, a resolution, a dimension, or a refresh rate (at least paragraph 8, 98, 32; systems, methods, and the mobile devices can also adjust a level of brightness…according to the user preferences; Dougall par. 24: such parameters can include display parameters such as color parameters, gamma (rendition of dark area), aspect ratio, screen size, screen resolution).
Claims 8, 9, 13, 15-17, 20, and 22-23, 25-26 do not, in substance, add or define any additional limitations over claims 1-4, 6-7, 10, 12, 14, 18, 21, and 24 and therefore are rejected for similar reasons, supra.
Response to Arguments
Applicant's arguments filed 27 April 2026 have been fully considered but they are not persuasive.
As background, Kang primarily (with Tomay) has been relied on for teaching a similarly worded (arguably more narrow) limitation for years including being affirmed by the PTAB, see p. 3-6 of PTAB Decision filed 9/2/21. The Examiner maintained and the PTAB agreed, that Kang and (previously 103a art) Tomay disclose “generating a data sample of a content item as presented via a first device, wherein the data sample is generated by an internal component of the first device, and wherein the data sample comprises current configuration settings of the first device” (Kang teachings in bold). Tomay was relied on for teaching that the data sample is generated internally and a plurality of configuration settings. Tomay was replaced with Dougall based on amendments and in particular removal of claim language of internal generation of the content item.
Applicant argues in A. that Kang and Dougall do not disclose “receiving, from the second device, and based on a comparison of stored user preference data with the generated data representing the plurality of images of the content item and the plurality of current configuration settings, a plurality of updated configuration settings for updating the plurality of current configuration settings as the content item is being output via the first device”.
As the remainder of the limitation has been responded to multiple times, the amended portion of the limitation c, as amended, will be responded to according to the arguments whereas p. 9 of the arguments argue, in essence, that Kang essentially captures a single image with “camera photographs images” referring to the camera’s general capability and not to generating a plurality of images as content is being output. However, Kang clearly teaches in par. 31 and par. 34 that the measurement device compares “images” photographed with different levels of brightness with reference data, a plurality of images are captured by the measurement device and compared to reference data.
Applicant argues that Kang teaches a one-time adjustment of the brightness level in par. 35-40. Yet the following paragraph, par. 41, offers “display mobile device 100 receives control signals corresponding to adjusted brightness level values from the measurement device 300, periodically or each time that an image is photographed, so that it can adjust the brightness level of the image that is currently displayed” (emphasis added). And par. 139 Kang teaches transmitting multiple values in increments with each value being higher or lower level than the previously transmitted value. The application’s amendments over the past few rounds of prosecution tend to amend from a single object to a plurality of objects which the prior art teaches and is not persuasive to overcome the art. The piecemeal analysis of the prior art including Kang, where Kang is monitoring external luminance (par. 31) to optimize the brightness of the display, and external luminance is dynamic and always changing and thus clearly would be repeated over and over as is well known and as Kang discloses, is not persuasive.
Applicant also argues Kang does not specify that the brightness adjustment is as the content item is being output or displayed. However, Kang clearly is adjusting the brightness level as the content item is displayed or being output, see par. 40 “the display mobile device 100 displays a specific image, from a storage unit, or an original image provided from the measurement device 300, and controls a light emitting module, e.g., a backlight, Organic Light Emitting Diodes (OLEDs), etc., to emit light in a brightness level corresponding to a value requested by the measurement device 300”. And par. 41 “display mobile device 100 receives control signals corresponding to adjusted brightness level values from the measurement device 300, periodically or each time that an image is photographed, so that it can adjust the brightness level of the image that is currently displayed”. See also par. 112. It is not clear if Applicant is arguing the display device adjusts the display at a later time, for example such as the next day or why it would not be adjusted while being output as they are currently connected and Kang’s entire disclosure is about measuring a brightness setting currently and adjusting it for the benefit of the user’s viewing.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). As Kang discloses the features argued by Applicant, Applicant argument directed toward Dougall not curing the deficiencies of Kang are not persuasive or applicable.
Applicant argues in B. that motivation to combine Kang with Dougall is not supported.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Applicant argues in C. that dependent claims are dependent on independent claims which are nonobvious.
However, the independent claims are rejected as being obvious and thus the dependent claims are further rejected as indicated in the rejection above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY TODD whose telephone number is (303)297-4763. The examiner can normally be reached 8:30-5 MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Nicholas Taylor can be reached on 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY TODD/Primary Examiner, Art Unit 2443
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