ADAPTIVE REMOTE CONTROL

Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Arguments Applicant's arguments filed 6/4/2026 have been fully considered are persuasive. Applicant contends: PNG media_image1.png 222 740 media_image1.png Greyscale Examiner notes and agrees with Applicant’s assessments. However, Kryze cites and incorporates by reference [0002] Ser No 11/977348 Kryze (20090002217) hereinafter ‘217. ‘217 teaches a handheld case of the remote control unit includes at least one touchpad, and other sensors, such as acceleration sensors, case perimeter sensors, pressure sensors, RF signal sensors. These sensors provide a rich array of sensory inputs that are classified by a pattern recognizer to generate control commands for both the consumer electronic equipment and the remote control unit itself. A power management system to conserve unit battery power is also responsive to the pattern recognizer to allow intelligent power management control. The control system uses the display of the consumer electronic equipment to provide instructions to the user, and the behavior of the remote control system uses what is displayed on the display as context information for pattern recognition. PNG media_image2.png 630 752 media_image2.png Greyscale PNG media_image3.png 760 754 media_image3.png Greyscale ‘217 goes on to states: [0016] Referring now to FIG. 2, an overview of the pattern recognition system will be presented. FIG. 2 illustrates the remote control unit 20 being manipulated by a user 40 to operate a consumer electronic equipment component 48 having a display screen 50. The consumer electronic equipment 48 conventionally has its own electronics that are used to provide the equipment with its normal functionality. In the case of the illustrated component 48 such functionality includes displaying audio visual material on the display screen. This material may include, for example, television programs, pre-recorded content, internet content and the like. For illustration purposes, the associated electronics of the consumer electronic equipment 48 have been illustrated separately at 52. Embedded within the electronics package 52 is a control circuit shown diagrammatically at 60 that defines part of the remote control system. Control circuit 60 is coupled to the consumer electronic equipment and responds to commands sent from the remote control unit 20 to control the operation of the consumer electronic equipment. ‘217 teaches controlling a media device [0016] and gives function on the remote control of at least volume, up/down, select, and channel [13] (fig. 2 1b). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Examiner asserts in Kryze a first user input, such as a vertical swipe up/down, will produce the same result as when the gesture is performed with the device rotated 90 degrees (fig. 10c because the device self-orientates or aligns with the forward direction [0073]) becuase the gesture is relative to the controller. While Applicant may accomplish this differently, the results appear the same as claimed. 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. Claim(s) 1, 3, 5-7, 9,11,13,15, 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kryze (2012/0162073) hereinafter, Kryze (further incorporated by [0002] reference 20090002217) in view of Weiss et al (2008/0165132) hereinafter, Weiss. In regards to claim 1, Kryze teaches (Currently Amended) a method comprising (abstract): determining, based on a first user input, first information indicating a gesture performed in a first orientation (fig.6 608); [0073] After the initial estimation of the forward direction, if the user makes a user gesture on the operating plane (YES at 608), the controller 506 updates the estimation of the forward direction based upon the user gesture at 610. By estimating the forward direction of the operating plane, the operating plane will be automatically aligned with the orientation of the target device or the base device. Accordingly, a user can pick up the remote control device 500 without being preoccupied about the correct orientation. Another alternative is for the user to explicitly express the forward direction by making a non-symmetrical gesture or generally a wake-up gesture registered in advance into the memory. It no user gesture is made (NO at 608), the process ends. causing, based on the gesture being performed in the first orientation, a function associated with content, being output by a media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed (fig. 10c and 10d finger slide) (fig. 10b a display which displays images/media [0103]) [0103] Referring to FIGS. 10A-10D, a third exemplary use scenario for the remote control device 500 will be discussed. As shown in FIG. 10A, the remote control device 500 is in an idle state and on a horizontal surface such as a table. As shown in FIG. 10B, the user picks up the remote control device 500 and automatically awakes it from the idle state to begin determining the forward direction of the plane of operation. As shown in FIGS. 10C-10D, the user slides a finger forward or backward and left or right to move the screen display of the target device. determining, based [0069-0078] on a second user input, second information indicating a gesture performed in a second orientation, wherein the second orientation is different than the first orientation [0065-0079]; [0077] At 618, the controller 506 again confirms or updates the estimation of the forward direction based upon the user gesture. Then, the routine returns to 608 to begin operations on another user gesture. PNG media_image4.png 776 578 media_image4.png Greyscale causing, based on a gesture being performed in the first orientation or the second orientation, the function associated with content, being output by a media device (fig. 1b-1d and fig. 2 (20 to 50) 2009/0002217) to be performed (fig. 6a (602-618)(fig. 10c forward/backward) (fig. 10b a display which displays images [0103]) PNG media_image5.png 784 568 media_image5.png Greyscale Kryze fails to expressly teach the second orientation is different than the first orientation. However, Weiss teaches the second orientation is different than the first orientation. [0097] (fig. 1b multiple point inputs [0043-0045) and media device [005] Weiss PNG media_image6.png 392 620 media_image6.png Greyscale It would have been obvious to one of ordinary skill in the art to modify the teachings of Kryze to further include wherein the second orientation is different than the first orientation as taught by Weiss in order to allow for the inputting of gestures more efficiently and orientation independent [0097] Therefore, Kryze in view of Weiss teaches causing, based on the gesture being performed in the second orientation [0097] Weiss, the action to be performed (fig. 6a (602-618)(fig. 10c forward/backward) by a media device (fig. 10b a display which displays images [0103]) Kryze and media device [005] Weiss In regards to claim 9, Kryze teaches (Currently Amended) A non-transitory computer-readable storage medium storing computer-readable instructions that, when executed by a processor, cause (abstract): determining, based on a first user input, first information indicating a gesture performed in a first orientation (fig.6 608); causing, based on the gesture being performed in the first orientation, a function associated with content, being output by a media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217)to be performed (fig. 10c/10d forward and side slide) (fig. 10b a display which displays images [0103]) determining, based on a second user input, second information indicating the gesture performed in a second orientation, wherein (fig. 10c/10d forward and side slide): [0069-0078] Kryze fails to expressly teach the second orientation is different than the first orientation. However, Weiss teaches the second orientation is different than the first orientation. [0097] (fig. 1b multiple point inputs [0043-0045) It would have been obvious to one of ordinary skill in the art to modify the teachings of Kryze to further include wherein the second orientation is different than the first orientation as taught by Weiss in order to allow for the inputting of gestures more efficiently and orientation independent [0097] Therefore, Kryze in view of Weiss teaches causing, based on the gesture being performed in the second orientation [0097] Weiss, a function associated with content, being output by a media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217/Kryze)to be performed (fig. 6a (602-618)(fig. 10c forward/backward) Kryze by a media device (fig. 10b a display which displays images [0103]) Kryze and [005] Weiss In regards to claim 15, Kryze teaches (Currently Amended) a device comprising (abstract): one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the device to (fig. 5 (500, 506, 504)): determine, based on a first user input, first information indicating a gesture performed in a first orientation [0055-066] (fig. 6a (608-618)); PNG media_image7.png 298 452 media_image7.png Greyscale cause, based on the gesture being performed in the first orientation, a function associated with content, being output by a media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed (fig. 10c input)) (fig. 10b a display which displays images [0103]) : determine, based on a second user input [0069-0078], second information indicating the gesture performed in a second orientation (fig. 6a 618)) , Kryze fails to expressly teach: wherein the second orientation is different than the first orientation; However, Weiss teaches wherein the second orientation is different than the first orientation;[097] (fig. 1b multiple point inputs [0043-0045) [0097] Thus, embodiments of the present invention can accommodate multiple users without having to add additional hardware devices to a computer system. Gestures can also be orientation independent, permitting users to be in any position relative to a multi-touch input surface. Further, since gestures are based on points, gestures can be entered and processed more efficiently. Accordingly, using only fingers (or similar tools) on a touched based multi-touch input surface, multiple input point gestures facilitate quickly communicating different commands to a computer system. It would have been obvious to one of ordinary skill in the art to modify the teachings of Kryze to further include wherein the second orientation is different than the first orientation as taught by Weiss in order to allow for the inputting of gestures more efficiently and orientation independent [0097] Therefore, Kryze in view of Weiss teaches cause determine, based on the gesture being performed in the first orientation or the second orientation [0097] Weiss, a function associated with content, being output by the media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed (fig. 6a (602-618)(fig. 10c forward/backward) Kryz. (fig. 10b a display which displays images [0103]) Kryze and media device [005] Weiss In regards to claim 3, Kryze in view of Weiss teaches (Currently Amended) the method of claim 1, wherein the gesture comprises a swipe gesture associated with the function associated with content, being output by the media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed user profile (fig. 10c/10d swipe up and down ). “As shown in FIGS. 10C-10D, the user slides a finger forward or backward and left or right to move the screen display of the target device.”[103]Kryze In regards to claim 5, Kryze teaches (Currently Amended) the method of claim 1, further comprises: determining, based on a third user input, third information indicating a second gesture; determining, based on the second gesture, a second function associated with content, being output by the media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed (fig 10c up/down performed in first and second orientation is the first and the second gesture is fig. 10d side swipe Kryze). In regards to claim 6, Kryze teaches (Currently Amended) the method of claim 5, wherein the second gesture is performed in an orientation associated with the second function associated with content, being output by the media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed (fig. 10d orientation of forward direction determines gesture) Kryze. In regards to claim 7, Kryze in view of teaches (Previously Presented) The method of claim 1, wherein the gesture comprises at least one of: a swipe gesture (fig. 10c/10d swipe up and down) Kryze a selection gesture, or a J-shaped gesture. Examiner notes the “or” operator only require one element for the prior art to read on the claims. 1. In regards to claim 11, Kryze in view of Weiss teaches (Currently Amended) the non-transitory computer-readable storage medium of claim 9, wherein the gesture comprises a swipe gesture associated with the function associated with content, being output by the media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed (fig. 10c/10d swipe up and down [103]).Kryze 2. In regards to claim 13, Kryze in view of Weiss teaches non-transitory computer-readable storage medium of claim 9, wherein the gesture comprises at least one of: a swipe gesture (fig. 10c/10d swipe up and down [103])Kryze, a selection gesture, or a J-shaped gesture. 3. In regards to claim 17, Kryze in view of Weiss teaches (Currently Amended) The device of claim 15, wherein the gesture comprises a swipe gesture associated with the function associated with content, being output by the media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed. (fig. 10c/10d swipe up and down) Kryze 4. In regards to claim 19, Kryze in view of Weiss teaches Previously Presented) The device of claim 15, wherein the gesture comprises at least one of: a swipe gesture (fig. 10c/10d swipe up and down) Kryze, a selection gesture (fig. 7f selection tap) Kryze, or a J-shaped gesture. Claim(s) 8, 14, 20, 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kryze in view Weiss et al (2008/0165132) hereinafter, Weiss further in view of Hope et al (2009/0153288) hereinafter, Hope. In regards to claim 8, Kryze in view of Weiss teaches (Currently Amended) the method of claim 7, wherein the swipe gesture causes the function associated with content, being output by the media device to be performed to a greater degree of movement through content on the a media device than the selection gesture or the J-shaped gesture. However, Hope teaches wherein the swipe gesture causes the function associated with content, being output by the media device to be performed to a greater degree of movement through content on the media device than the selection gesture or the J-shaped gesture. [0099-114] (Fig. 9 (99)) (fig. 10 100) (fig. 11 (112 vs 108) Hope). Handheld electronic devices are provided that have remote control functionality and gesture recognition features. The handheld electronic device may have remote control functionality in addition to cellular telephone, music player, or handheld computer functionality. The handheld electronic devices may have a touch sensitive display screen. The handheld electronic devices may recognize gestures performed by a user on the touch sensitive display screen. The handheld electronic devices may generate remote control signals from gestures that the handheld electronic device may recognize. A media system may receive the remote control signals and may take appropriate action. The touch sensitive display screen may be used to present the user with information about the media system such as the current volume.(abstract) It would have been obvious to one of ordinary skill in the art to modify the teachings of Kryze and Weiss to further include wherein the swipe gesture causes the action to be performed to comprise: causing a greater degree of movement through content on the a media device than the selection gesture or the J-shaped gesture as taught by Hope in order to provide appropriate remote control signal of a media system [0005-009] In regards to claim 14, Kryze in view of Weiss and Hope, see rational of claim 8, teaches non-transitory computer-readable storage medium of claim 13, wherein the swipe gesture causes the action to be performed to comprise: causing a greater degree of movement through content on the a media device than the selection gesture or the J-shaped gesture. [0099-114] (Fig. 9 (99)) (fig. 10 100) (fig. 11 (112 vs 108) Hope). In regards to claim 20, Kryze and Weiss fail to teach (Currently Amended) the device of claim 19, wherein the swipe gesture causes the action to be performed to comprise: causes a greater degree of movement through content on a media device than the selection gesture or the J-shaped gesture. However, Hope teaches wherein the swipe gesture causes the action to be performed to [0099-114]: causes a greater degree of movement through content on a media device than the selection gesture (Fig. 9 (99)) (fig. 10 100) (fig. 11 (112 vs 108) Hope) or the J-shaped gesture. PNG media_image8.png 822 610 media_image8.png Greyscale PNG media_image9.png 532 674 media_image9.png Greyscale It would have been obvious to one of ordinary skill in the art to modify the teachings of Kryze and Weiss to further include wherein the swipe gesture causes the action to be performed to comprise: causing causes a greater degree of movement through content on a media device than the selection gesture or the J-shaped gesture as taught by Hope in order to provide appropriate remote control signal of a media system [0005-009] In regards to claim 24, Kryze in view of Weiss and Hope, see rational of claim 8, teaches (New) The device of claim 15, wherein the function associated with content, being output by the media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed at least one of: causing access to a user profile, causing movement through content on a media device, fast-forwarding through content on a media device, (Fig. 9 (99)) (fig. 10 100) (fig. 11 (112 vs 108) Hope) skipping content on a media device [090, 0092,108-109] Hope , or selecting an icon on a media device. PNG media_image10.png 600 886 media_image10.png Greyscale In regards to claim 25, Kryze in view of Weiss and Hope, see rational of claim 8, teaches method of claim 1, wherein the function associated with content, being output by the media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed comprises causing access to a user profile, causing movement through content on a media device, fast-forwarding through content on a media device (Fig. 9 (99)) (fig. 10 100) (fig. 11 (112 vs 108) Hope), skipping content on a media device [090, 0092,108-109] Hope, or selecting an icon on a media device. In regards to claim 26, Kryze in view of Weiss and Hope, see rational of claim 8, teaches non-transitory computer-readable storage medium of claim 9, wherein the function associated with content, being output by the media device (fig. 1b-1d and fig. 2 (20 to 50) [0015-0016] 2009/0002217) to be performed comprises: causing access to a user profile, causing movement through content on a media device, fast-forwarding through content on a media device(Fig. 9 (99)) (fig. 10 100) (fig. 11 (112 vs 108) Hope), skipping content on a media device, [090, 0092,108-109] Hope, or selecting an icon on a media device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT SITTA whose telephone number is (571)270-1542. The examiner can normally be reached M-F 7:30-4:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GRANT SITTA/Primary Examiner, Art Unit 2622