0000000DETAILED ACTION
This office action is responsive to the response filed on 2/4/2026. The application contains claims 1-10, all examined and rejected.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 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. 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-10 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 8918719 in view of Rosenblatt et al. [US 2010/0081375 A1, hereinafter Rosenblatt]. Although the claims at issue are not identical, they are not patentably distinct from each other because Claims 1-10 of the instant application are substantially similar to Claims 1-6 of US Patent 8918719.
With regards to claim 1,
U.S. Patent No. 8918719 teach a non-transitory, computer-readable media having stored thereon instructions which, when executed by a processing device of a smart device, cause the smart device to perform steps comprising (claim 1, “A non-transitory, computer-readable media having stored thereon instructions which, when executed by a processing device, perform steps comprising:”):
causing a first graphical user interface to be displayed in a touch sensitive display of the smart device, the first graphical user interface including a user interface element which, when activated, causes a main remote control application to be invoked, the main remote control application causing a second graphical user interface having a first plurality of user selectable interface elements to be displayed in the touch sensitive display of the smart device in lieu of the first graphical user interface (claim 1, “when the smart device is switched to the main remote control application, the main remote control application provides access to a first plurality of command icons each of which is activable to cause the smart device to issue at least one command for controlling a corresponding one or more of a plurality of functional operations of an at least one corresponding target device”);
responding to a first predetermined user input provided to the touch sensitive display of the smart device while either the first graphical user interface or the second graphical user interface is caused to be displayed in the touch sensitive display of the smart device to cause a secondary remote control application to be invoked, the secondary remote control application, when invoked, causing a third graphical user interface having a second plurality of user selectable user interface elements to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface or the second graphical user interface, the second plurality of selectable user interface elements being less in number than the first plurality of selectable user interface elements and the secondary remote control application being different that the main remote control application, determining if a user has interacted with at least one of the second plurality of user selectable user interface elements of the third graphical user interface caused to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface (claim 1, “wherein the pop-up widget provides access to a second plurality of command icons each of which is activable to cause the smart device to issue at least one command for controlling a corresponding one or more of a subset of the plurality of functional operations of the at least one corresponding target device, and wherein the pop-up remote control widget is invokable in response to the predetermined user input provided to the smart device without the smart device having to first be switched to the main remote control application”); and
when it is determined that the user has interacted with at least one of the second plurality of user selectable user interface elements of the third graphical user interface caused to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface causing the smart device to transmit a command to control at least one of a first plurality of functional operations of at least one intended target controllable device correspond to the at least one of the second plurality of user selectable user interface elements interacted with by the user (claim 1, “wherein the pop-up widget provides access to a second plurality of command icons each of which is activable to cause the smart device to issue at least one command for controlling a corresponding one or more of a subset of the plurality of functional operations of the at least one corresponding target device, and wherein the pop-up remote control widget is invokable in response to the predetermined user input provided to the smart device without the smart device having to first be switched to the main remote control application”).
U.S. Patent No. 8918719 does not explicitly teach universal remote control and wherein a user input received into the smart device is used to select from a library of command code sets a plurality of command code sets each appropriate for use in commanding functional operations of a corresponding one of a plurality of controllable devices sensitive display of the smart device is selected from a one of the plurality of command code sets selected from the library of command code sets.
Rosenblatt teach a non-transitory, computer-readable media having stored thereon instructions which, when executed by a processing device of a smart device, cause the smart device to perform steps comprising:
causing a first graphical user interface to be displayed in a touch sensitive display of the smart device, the first graphical user interface including a user interface element which, when activated , causes a main universal remote control application to be invoked (Fig. 47A, 618, Fig. 47B, selecting icon 626 or 622 or 628), the main universal remote control application causing a second graphical user interface having a first plurality of user selectable interface elements to be displayed in the touch sensitive display of the smart device in lieu of the first graphical user interface (Fig. 49A-Fig. 49C, Fig. 11A-11D, ¶155, “The button 152 may be labeled “Device List,” and may provide access to a list of controllable devices 94 for which the handheld device 40 has software capabilities to control; the button 154 may be labeled “Add Device,” and may enable a user to install appropriate software to control another controllable device”, Fig. 47B, [0253], “button 622, labeled “Classic Remote,” may allow a user to control the DVR 607 using a traditional remote control, as may be associated with the device from its manufacturer”, Fig. 58A-59G, [0254], “A button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”, 47C, [0255], “FIG. 47C represents a screen 632 that may be displayed when a user selects, for example, the button 626, labeled “Hybrid Remote.” The screen 632 may thus include a classic remote pane 634 and a media remote pane 636”, [0098], [0093], electronic device CPU may execute applications that control other electronic devices, [0155], “Add Device,” and may enable a user to install appropriate software to control another controllable device 94”);
responding to a first predetermined user input provided to the touch sensitive display of the smart device while either the first graphical user interface or the second graphical user interface is caused to be displayed in the touch sensitive display of the smart device to cause a secondary universal remote control application to be invoked (Fig. 47B, selecting icon 622, 626, or 628, Fig. 58A-59G), the secondary remote control application, when invoked, causing a third graphical user interface having a second plurality of user selectable user interface elements to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface or the second graphical user interface (Fig. 47B, [0253], “button 622, labeled “Classic Remote,” may allow a user to control the DVR 607 … manufacturer of the DVR 607 may provide a software copy of the traditional remote control in the control software plug-in to enable the user to control the DVR 607 in the same manner on the handheld device 40 as with a physical traditional remote”, Fig. 58A-59G, [0254], “A button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”, [0098], [0093], electronic device CPU may execute applications that control other electronic devices) that was previously specified to the remote control application (Fig. 11b, 154, [0155], “Add Device,” and may enable a user to install appropriate software to control another controllable device 94”, Fig. 47C, [0255], “FIG. 47C represents a screen 632 that may be displayed when a user selects, for example, the button 626, labeled “Hybrid Remote.” The screen 632 may thus include a classic remote pane 634 and a media remote pane 636”), the second plurality of selectable user interface elements being less in number than the first plurality of selectable user interface elements and the secondary universal remote control application being different than the main universal remote control application (Fig. 47C, [0255], “FIG. 47C represents a screen 632 that may be displayed when a user selects, for example, the button 626, labeled “Hybrid Remote.” The screen 632 may thus include a classic remote pane 634 and a media remote pane 636”. [0256], “A button 642, labeled “Edit,” may enable a user to add or remove the buttons that appear on the screen 632”, user is able to control the number of selectable displayed element, therefore if user decide to remove the media pane 636 and buttons from classic remote 622 in the hybrid remote it will create a hybrid remote with less number of buttons than the classic remote and could add all the classic remote buttons associated with the media pane 636 to have more buttons than the classic remote control, [0257], Fig. 58A-59G, [0254], [0294],” button 840, labeled “Edit,” may enable the user to add or remove buttons 836 from the universal remote control of the screen 834”, [0294], “A button 642, labeled “Edit,” may enable a user to add or remove the buttons that appear on the screen 632”, [0295], “If a user selects one of the remove buttons 844, the button 836 associated with the remove button 844 may be removed from the universal remote control of the screen 834”, user is able to control the number of selectable displayed element to include within the universal remote control, therefore if user add less buttons than the classical remote associated with a device or decide to remove some of the buttons using the edit option 840 or remove button 844 the universal remote control will include less number of selectable user interface elements);
determining if a user has interacted with at least one of the second plurality of user selectable user interface elements of the third graphical user interface caused to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface, and when it is determined that the user has interacted with at least one of the second plurality of user selectable user interface elements of the third graphical user interface caused to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface causing the smart device to transmit a command to control at least one of a first plurality of functional operations of at least one intended target controllable device correspond to the at least one of the second plurality of user selectable user interface elements interacted with by the user (Fig. 47C, [0255], “media button 638 may provide, for example, fast forward, pause, play, rewind, etc. to manipulate the replay of the selected program”, [0254], “A button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”);
wherein a user input received into the smart device is used to select from a library of command code sets a plurality of command code sets each appropriate for use in commanding functional operations of a corresponding one of a plurality of controllable devices, one or more commands from each of the plurality of command codes sets is mapped to a corresponding one or more of the first plurality of user interface elements of the second graphical user interface, one or more commands each of the plurality of commands codes sets is also mapped to a corresponding one or more of the second plurality of user interface elements of the third graphical user interface and the command caused to be transmitted in response to the user interacting with at least one of the second plurality of user selectable user interface elements of the third graphical user interface caused to be displayed over the first graphical user interface in the touch sensitive display of the smart device is selected from a one of the plurality of command code sets selected from the library of command code sets (Fig. 47C, Fig. 45A, [0254], “button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”, [0261], remote controls associated with different devices include different commands wherein each set of commands are associated with specific device, [0255], “media button 638 may provide, for example, fast forward, pause, play, rewind, etc. to manipulate the replay of the selected program”, [0239]-[0240], “specific control software plug-ins may be developed for each type of controllable device 94. The specific control software plug-ins may include one or more control schemes to enable a particular manner of control. By way of example, a control scheme for controlling a television may provide the same functionality found in a remote control associated with the television. Thus, a manufacturer of a controllable device 94 or another developer may develop a control scheme specific to the controllable device 94, and may include the control scheme as part of a control software plug-in associated therewith”).
It would have been obvious to a person of an ordinary skill in the art at the time the invention was made to use Rosenblatt teaching to use commands within libraries associated with different devices.
U.S. Patent No. 8918719 and Rosenblatt are both related to the art of implementing different devices remote control over portable device, therefore a person of ordinary skill in the art will be motivated to modify US8918719B2 with a reasonable expectation of success to provide an easy access to the different commands associated with a specific device while maintaining the ability to control multiple different devices through their specific libraries.
With regard to Claim 2,
U.S. Patent No. 8918719 -Rosenblatt teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user selectable user interface elements of the third graphical user interface are caused to be displayed in the touch sensitive display of the smart device over the first graphical user interface or the second graphical user interface until a second predetermined user input is provided to the smart device whereupon the one of the one of the first graphical user interface or the second graphical user interface is again displayed in the display without the third graphical user interface (U.S. Patent No. 8918719, claim 2, “computer-readable media as recited in claim 1, wherein the pop-up remote control widget is returned to an idle state in response to the predetermined user input being repeated”, Rosenblatt, Fig. 47b-47D, [0256], “button 640, labeled “Scheme.” Pressing or selecting the button 640 may allow the user to return to the screen 620 to select a different control scheme to control the DVR 607”, [0257]).
With regard to Claim 3,
U.S. Patent No. 8918719-Rosenblatt teach the non-transitory, computer-readable media as recited in claim 2, wherein the second predetermined user input comprises a second predetermined user interaction with the touch screen display of the smart device (U.S. Patent No. 8918719, claim 4, “wherein the predetermined user input comprises at least one of a sensed interactions with a hard key of the smart device, a sensed interaction with the display of the smart device, and a sensed movement of the smart device”).
With regard to Claim 4,
U.S. Patent No. 8918719-Rosenblatt teach the non-transitory, computer-readable media as recited in claim 3, wherein the second predetermined user interaction with the touch screen display comprises a touching of the touch screen display of the smart device outside of the displayed second graphical user interface (Rosenblatt, Fig. 47b-47D, [0256], “button 640, labeled “Scheme.” Pressing or selecting the button 640 may allow the user to return to the screen 620 to select a different control scheme to control the DVR 607”, [0257]).
With regard to Claim 5,
U.S. Patent No. 8918719-Rosenblatt teach the non-transitory, computer-readable media as recited in claim 1, wherein the instructions determine which user selectable user interface elements of the first plurality of user selectable interface elements to include in the third user interface when the third user interface is caused to be made active within the touch screen display of the smart device (U.S. Patent No. 8918719, claim 1, “widget provides access to a second plurality of command icons each of which is activable to cause the smart device to issue at least one command for controlling a corresponding one or more of a subset of the plurality of functional operations of the at least one corresponding target device”, Rosenblatt, Fig. 47C-47D, [0257], user is able to determine which user selectable user interface elements of the first plurality of user selectable interface elements to include in the third user interface by adding and removing content of the main remote control content).
With regard to Claim 6,
U.S. Patent No. 8918719-Rosenblatt teach the non-transitory, computer-readable media as recited in claim 2, wherein the second predetermined user input provided to the smart device is the same as the first predetermined user input provided to the smart device excepting that the second predetermined user input is provided to the smart device subsequent to the first predetermined user input being provided to the smart device (U.S. Patent No. 8918719, claim 4, “predetermined user input comprises at least one of a sensed interactions with a hard key of the smart device, a sensed interaction with the display of the smart device, and a sensed movement of the smart device”, Rosenblatt, Fig. 47B, 622, 626, user select icons)
With regard to Claim 7,
U.S. Patent No. 8918719-Rosenblatt teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user selectable user interface elements of the third graphical user interface comprises one or more user selectable user interface elements for controlling volume operational functions of the at least one intended target controllable device (Rosenblatt, Fig. 47C).
U.S. Patent No. 8918719 and Rosenblatt are both related to the art of implementing different devices remote control over portable device, therefore a person of ordinary skill in the art will be motivated to modify U.S. Patent No. 8918719to include volume control within the widget displayed commands with a reasonable expectation of success to allow U.S. Patent No. 8918719 to be able to control devices that include volume which will increase compatibility, usage and make it more useful to the user which will increase user satisfaction.
With regard to Claim 8,
U.S. Patent No. 8918719-Rosenblatt teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user selectable user interface elements of the third graphical user interface comprises one or more user selectable user interface elements for controlling channel tuning operational functions of the at least one intended target controllable device (Rosenblatt, Fig. 47C)
U.S. Patent No. 8918719 and Rosenblatt are both related to the art of implementing different devices remote control over portable device, therefore a person of ordinary skill in the art will be motivated to modify U.S. Patent No. 8918719to include channel control within the widget displayed commands with a reasonable expectation of success to allow U.S. Patent No. 8918719 to be able to control devices that include volume which will increase compatibility, usage and make it more useful to the user which will increase user satisfaction.
With regard to Claim 9,
U.S. Patent No. 8918719-Rosenblatt teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user selectable user interface elements of the third graphical user interface comprises one or more user selectable user interface elements for controlling media transport operational functions of the at least one intended target controllable device
U.S. Patent No. 8918719 and Rosenblatt are both related to the art of implementing different devices remote control over portable device, therefore a person of ordinary skill in the art will be motivated to modify U.S. Patent No. 8918719 to include interface elements for controlling media transport operational within the widget displayed commands with a reasonable expectation of success to allow U.S. Patent No. 8918719 to be able to control devices that include the ability to control media transport operations which will increase compatibility, usage and make it more useful to the user which will increase user satisfaction.
With regard to Claim 10,
U.S. Patent No. 8918719-Rosenblatt teach the non-transitory, computer-readable media as recited in claim 1, wherein the main remote control application functions to receive the user input into the smart device used to select from the library of command code sets the plurality of command code sets each appropriate for use in commanding functional operations of the corresponding plurality of controllable devices (U.S. Patent No. 8918719, Claim 1, “main remote control application provides access to a first plurality of command icons each of which is activable to cause the smart device to issue at least one command for controlling a corresponding one or more of a plurality of functional operations of an at least one corresponding target device” Rosenblatt, Fig. 45A, [0254], “button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”, [0261], remote controls associated with different devices include different commands wherein each set of commands are associated with specific device, [0255], [0255], “media button 638 may provide, for example, fast forward, pause, play, rewind, etc. to manipulate the replay of the selected program”, [0239]-[0240]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 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, 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 negated by the manner in which the invention was made.
Claim 1-10 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Rosenblatt et al. [US 2010/0081375 A1, hereinafter Rosenblatt] in view of Kim [US 2010/0017736 A1].
With regard to Claim 1,
Rosenblatt teach a non-transitory, computer-readable media having stored thereon instructions which, when executed by a processing device of a smart device, cause the smart device to perform steps comprising:
causing a first graphical user interface to be displayed in a touch sensitive display of the smart device, the first graphical user interface including a user interface element which, when activated , causes a main universal remote control application to be invoked (Fig. 47A, 618, Fig. 47B, selecting icon 626 or 622 or 628), the main universal remote control application causing a second graphical user interface having a first plurality of user selectable interface elements to be displayed in the touch sensitive display of the smart device in lieu of the first graphical user interface (Fig. 49A-Fig. 49C, Fig. 11A-11D, ¶155, “The button 152 may be labeled “Device List,” and may provide access to a list of controllable devices 94 for which the handheld device 40 has software capabilities to control; the button 154 may be labeled “Add Device,” and may enable a user to install appropriate software to control another controllable device”, Fig. 47B, [0253], “button 622, labeled “Classic Remote,” may allow a user to control the DVR 607 using a traditional remote control, as may be associated with the device from its manufacturer”, Fig. 58A-59G, [0254], “A button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”, 47C, [0255], “FIG. 47C represents a screen 632 that may be displayed when a user selects, for example, the button 626, labeled “Hybrid Remote.” The screen 632 may thus include a classic remote pane 634 and a media remote pane 636”, [0098], [0093], electronic device CPU may execute applications that control other electronic devices, [0155], “Add Device,” and may enable a user to install appropriate software to control another controllable device 94”);
responding to a first predetermined user input provided to the touch sensitive display of the smart device while either the first graphical user interface or the second graphical user interface is caused to be displayed in the touch sensitive display of the smart device to cause a secondary universal remote control application to be invoked (Fig. 47B, selecting icon 622, 626, or 628, Fig. 58A-59G), the secondary remote control application, when invoked, causing a third graphical user interface having a second plurality of user selectable user interface elements to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface or the second graphical user interface (Fig. 47B, [0253], “button 622, labeled “Classic Remote,” may allow a user to control the DVR 607 … manufacturer of the DVR 607 may provide a software copy of the traditional remote control in the control software plug-in to enable the user to control the DVR 607 in the same manner on the handheld device 40 as with a physical traditional remote”, Fig. 58A-59G, [0254], “A button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”, [0098], [0093], electronic device CPU may execute applications that control other electronic devices) that was previously specified to the remote control application (Fig. 11b, 154, [0155], “Add Device,” and may enable a user to install appropriate software to control another controllable device 94”, Fig. 47C, [0255], “FIG. 47C represents a screen 632 that may be displayed when a user selects, for example, the button 626, labeled “Hybrid Remote.” The screen 632 may thus include a classic remote pane 634 and a media remote pane 636”), the second plurality of selectable user interface elements being less in number than the first plurality of selectable user interface elements and the secondary universal remote control application being different than the main universal remote control application (Fig. 47C, [0255], “FIG. 47C represents a screen 632 that may be displayed when a user selects, for example, the button 626, labeled “Hybrid Remote.” The screen 632 may thus include a classic remote pane 634 and a media remote pane 636”. [0256], “A button 642, labeled “Edit,” may enable a user to add or remove the buttons that appear on the screen 632”, user is able to control the number of selectable displayed element, therefore if user decide to remove the media pane 636 and buttons from classic remote 622 in the hybrid remote it will create a hybrid remote with less number of buttons than the classic remote and could add all the classic remote buttons associated with the media pane 636 to have more buttons than the classic remote control, [0257], Fig. 58A-59G, [0254], [0294],” button 840, labeled “Edit,” may enable the user to add or remove buttons 836 from the universal remote control of the screen 834”, [0294], “A button 642, labeled “Edit,” may enable a user to add or remove the buttons that appear on the screen 632”, [0295], “If a user selects one of the remove buttons 844, the button 836 associated with the remove button 844 may be removed from the universal remote control of the screen 834”, user is able to control the number of selectable displayed element to include within the universal remote control, therefore if user add less buttons than the classical remote associated with a device or decide to remove some of the buttons using the edit option 840 or remove button 844 the universal remote control will include less number of selectable user interface elements);
determining if a user has interacted with at least one of the second plurality of user selectable user interface elements of the third graphical user interface caused to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface, and when it is determined that the user has interacted with at least one of the second plurality of user selectable user interface elements of the third graphical user interface caused to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface causing the smart device to transmit a command to control at least one of a first plurality of functional operations of at least one intended target controllable device correspond to the at least one of the second plurality of user selectable user interface elements interacted with by the user (Fig. 47C, [0255], “media button 638 may provide, for example, fast forward, pause, play, rewind, etc. to manipulate the replay of the selected program”, [0254], “A button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”);
wherein a user input received into the smart device is used to select from a library of command code sets a plurality of command code sets each appropriate for use in commanding functional operations of a corresponding one of a plurality of controllable devices, one or more commands from each of the plurality of command codes sets is mapped to a corresponding one or more of the first plurality of user interface elements of the second graphical user interface, one or more commands each of the plurality of commands codes sets is also mapped to a corresponding one or more of the second plurality of user interface elements of the third graphical user interface and the command caused to be transmitted in response to the user interacting with at least one of the second plurality of user selectable user interface elements of the third graphical user interface caused to be displayed over the first graphical user interface in the touch sensitive display of the smart device is selected from a one of the plurality of command code sets selected from the library of command code sets (Fig. 47C, Fig. 45A, [0254], “button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”, [0261], remote controls associated with different devices include different commands wherein each set of commands are associated with specific device, [0255], “media button 638 may provide, for example, fast forward, pause, play, rewind, etc. to manipulate the replay of the selected program”, [0239]-[0240], “specific control software plug-ins may be developed for each type of controllable device 94. The specific control software plug-ins may include one or more control schemes to enable a particular manner of control. By way of example, a control scheme for controlling a television may provide the same functionality found in a remote control associated with the television. Thus, a manufacturer of a controllable device 94 or another developer may develop a control scheme specific to the controllable device 94, and may include the control scheme as part of a control software plug-in associated therewith”).
Rosenblatt disclose the ability to display a constant bar displayed at the top of the graphical display as part of the first graphical user interface, the second graphical user interface, and the third graphical user interface which under broadest reasonable interpretation show clearly that the third graphical user interface is to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface or the second graphical user interface. However, in effort to expedite persecution examiner introduce Kim that teach explicitly teach the ability to display not just the overlap between graphical user interfaces but also the ability to display layers of overlapped remote controls See at least Fig. 5A.
Kim teach responding to a first predetermined user input provided to the touch sensitive display of the smart device while either the first graphical user interface or the second graphical user interface is caused to be displayed in the touch sensitive display of the smart device to cause a secondary remote control application to be invoked, causing a third graphical user interface having a second plurality of user selectable user interface elements to be displayed in the touch sensitive display of the smart device over at least a portion of the first graphical user interface or the second graphical user interface (Fig. 5A-5B, [0011], “a remote controller performing a method of controlling devices, the remote controller including: a widget manager generating control widget contents for controlling the devices by using a widget program for the devices”, [0024], “widget is a small graphical user interface (GUI) which operates an application program on a computer operating system and displays a result of operating the application program on a screen. In other words, a widget is a driving method by which functions provided by a web browser such as Internet explorer are provided without opening the web browser”, [0046], “user gives a command to display the control widget contents for a specific device”, user can select different widget that control as devices for display as shown in Fig. 5A-5b);
wherein a user input received into the smart device is used to select from a library of command code sets a command code set appropriate for use in commanding functional operations of a corresponding one of a plurality of controllable devices ([0010], “controlling of the devices may include controlling each of the devices independently according to control commands that are input by using the control widget contents that are generated for controlling each of the devices when a plurality of devices are controlled”, [0044], “When the user selects a desired function by using the button included in the control Widget contents, the remote controller 100 extracts a key code corresponding to a user's commands, converts the key code into a control signal, and transmits the control signal to the device”, [0006], “integrated remote controller includes intrinsic information allocated to each device manufacturer or each device. Thus, when a user presses a predetermined button of the remote controller so as to control a specific device of a specific manufacturer, the remote controller displays a unique key code allocated to the specific device of the specific company and transmits the unique key code together with a control signal to the specific device. The device having the key code transmitted by the remote controller, from among the plurality of devices, performs a specific function requested by the user according to the control signal transmitted by the remote controller”).
It would have been obvious to a person of an ordinary skill in the art at the time the invention was made to use Kim teaching to display overlapping remote controls. Rosenblatt and Kim are both related to the art of implementing different devices remote control over portable device, therefore a person of ordinary skill in the art will be motivated to modify Rosenblatt with a reasonable expectation of success to provide an easy access to commonly used user interface elements, without introducing additional clutter or confusion by simplifying switching between controls and maximizes available space by utilizing transparent, compact, and dynamic layouts. This simply combining prior art elements according to known methods to yield predictable results, use of known technique to improve similar devices (methods, or products) in the same way, and Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP 2143).
With regard to Claim 2,
Rosenblatt-Kim teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user selectable user interface elements of the third graphical user interface are caused to be displayed in the touch sensitive display of the smart device over the first graphical user interface or the second graphical user interface until a second predetermined user input is provided to the smart device whereupon the one of the first graphical user interface or the second graphical user interface is again displayed in the display without the third graphical user interface (Rosenblatt, Fig. 47b-47D, [0256], “button 640, labeled “Scheme.” Pressing or selecting the button 640 may allow the user to return to the screen 620 to select a different control scheme to control the DVR 607”, [0257], Kim, Fig. 5A-5B, [0045]-[0046], the selected remote control will keep on the display until the user hide it or select another remote widget to overlap it).
With regard to Claim 3,
Rosenblatt-Kim teach the non-transitory, computer-readable media as recited in claim 2, wherein the second predetermined user input comprises a second predetermined user interaction with the touch screen display of the smart device (Rosenblatt, Fig. 47b-47D, [0256], “button 640, labeled “Scheme.” Pressing or selecting the button 640 may allow the user to return to the screen 620 to select a different control scheme to control the DVR 607”, [0257], Kim, Fig. 5A-5B, [0045]-[0046], the selected remote control will keep on the display until the user hide it or select another remote widget to overlap it by a tap gesture over one of the registration menu options).
With regard to Claim 4,
Rosenblatt-Kim teach the non-transitory, computer-readable media as recited in claim 3, wherein the second predetermined user interaction with the touch screen display comprises a touching of the touch screen display of the smart device outside of the displayed third graphical user interface. (Rosenblatt, Fig. 47b-47D, [0256], “button 640, labeled “Scheme.” Pressing or selecting the button 640 may allow the user to return to the screen 620 to select a different control scheme to control the DVR 607”, [0257], Kim, Fig. 5A-5B, [0045]-[0046], the selected remote control will keep on the display until the user hide it or select another remote widget to overlap it by a tap gesture over one of the registration menu options).
With regard to Claim 5,
Rosenblatt-Kim teach the non-transitory, computer-readable media as recited in claim 1, wherein the instructions determine which user selectable user interface elements of the first plurality of user selectable interface elements to include in the third user interface when the third user interface is caused to be made active within the touch screen display of the smart device (Rosenblatt, Fig. 58A-59G, [0254], Fig. 47C-47D, [0257], user is able to determine which user selectable user interface elements of the first plurality of user selectable interface elements to include in the third user interface by adding and removing content of the main remote control content, Kim, Fig. 5A-5B, every widget display interface elements that are related to the user selection, [0010], “controlling of the devices may include controlling each of the devices independently according to control commands that are input by using the control widget contents that are generated for controlling each of the devices when a plurality of devices are controlled”).
With regard to Claim 6,
Rosenblatt-Kim teach the non-transitory, computer-readable media as recited in claim 2, wherein the second predetermined user input provided to the smart device is the same as the first predetermined user input provided to the smart device excepting that the second predetermined user input is provided to the smart device subsequent to the first predetermined user input being provided to the smart device (Rosenblatt, Fig. 47B, 622, 626, 628, user select icons, Kim, Fig. 5A, user select the “TV” widget after selecting the “Air Conditioner” widget using a tap gesture”).
With regard to Claim 7,
Rosenblatt-Kim teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user selectable user interface elements of the third graphical user interface comprises one or more user selectable user interface elements for controlling volume operational functions of the at least one intended target controllable device (Rosenblatt, Fig. 47C, Fig. 58A-59G, Kim, Fig. 5A, TV volume).
With regard to Claim 8,
Rosenblatt-Kim teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user selectable user interface elements of the third graphical user interface comprises one or more user selectable user interface elements for controlling channel tuning operational functions of the at least one intended target controllable device (Rosenblatt, Fig. 47C, 59G, Kim, Fig. 5A, TV channel).
With regard to Claim 9,
Rosenblatt-Kim teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user selectable user interface elements of the third graphical user interface comprises one or more user selectable user interface elements for controlling media transport operational functions of the at least one intended target controllable device (Rosenblatt, Fig. 45A, Fig. 47C, Fig. 58A-59G, Kim, Fig. 5A).
With regard to Claim 10,
Rosenblatt-Kim teach the non-transitory, computer-readable media as recited in claim 1, wherein the main remote control application functions to receive the user input into the smart device used to select from the library of command code sets (Rosenblatt, Fig. 45A, [0254], “button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”, Fig. 58A-59G, [0254], [0261], remote controls associated with different devices include different commands wherein each set of commands are associated with specific device, [0255], [0255], “media button 638 may provide, for example, fast forward, pause, play, rewind, etc. to manipulate the replay of the selected program”, [0239]-[0240], “specific control software plug-ins may be developed for each type of controllable device 94. The specific control software plug-ins may include one or more control schemes to enable a particular manner of control”, [00254], “A button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”, Kim, Fig. 5A, [0024], [0010], “controlling of the devices may include controlling each of the devices independently according to control commands that are input by using the control widget contents that are generated for controlling each of the devices when a plurality of devices are controlled”, [0044], “When the user selects a desired function by using the button included in the control Widget contents, the remote controller 100 extracts a key code corresponding to a user's commands, converts the key code into a control signal, and transmits the control signal to the device”, [0006], “integrated remote controller includes intrinsic information allocated to each device manufacturer or each device. Thus, when a user presses a predetermined button of the remote controller so as to control a specific device of a specific manufacturer, the remote controller displays a unique key code allocated to the specific device of the specific company and transmits the unique key code together with a control signal to the specific device. The device having the key code transmitted by the remote controller, from among the plurality of devices, performs a specific function requested by the user according to the control signal transmitted by the remote controller”).
Response to Arguments
Applicant argue that the claims disclose three user interfaces and Rosenblatt Rosenblatt does not describe, teach, or suggest these three user interfaces as claimed. To the extent it was asserted that Fig. 47B of Rosenblatt corresponds to the claimed first user interface, the "classic remote" (the link to which is shown in Fig. 47B) corresponds to the claimed second user interface, and the "hybrid remote control" of Fig. 47C corresponds to the claimed third user interface, it is first submitted that the "hybrid remote control," does not include user interface elements wherein one or more commands from each of a plurality of command codes sets is mapped to a corresponding one or more of the first plurality of user interface elements. Specifically, rather than have "one or more commands from each of the plurality of command codes sets mapped to a corresponding one or more of a plurality of user interface elements," the user interface elements of user interface 832 are mapped to commands from only a single command code set, namely, the command codes set corresponding to the VCR to be controlled¹ or the TV to be controlled² or the receiver to be controller³ or the disc player to be controlled.⁴ Accordingly, because user interface 632 does not have "one or more commands from each of the plurality of command codes sets mapped to a corresponding one or more of a plurality of user interface elements," it is submitted that the user interface 632 (or any other "hybrid remote" user interface of Rosenblatt) cannot evidence either the second or third user interfaces as claimed.
Examiner respectfully disagrees,
First, the current amendments does not require simultaneous control, exhaustive mappings, or concurrent display of all commands from all code sets within a single static GUI. In other words, the amended claim require that commands from the selected command code sets to be mapped to corresponding user interface elements of the second GUI, but it does not require all such mapped elements to be simultaneously visible in a single static GUI view. Rosenblatt disclose dynamic universal remote control in which control code sets for different devices could be selected, configured, and mapped to UI elements, including through device list, add device, universal remote, and edit/add/remove functionality. Mapping is not equivalent to simultaneous visible display of every mapping. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., devices controllers to be displayed concurrently within a single user interface or even for the remote to be programmed with different device) are not recited in the rejected claim(s). 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).
Second, claims does require the ability to control multiple devices concurrently from a single UI. Therefore, Fig. 47C represent an instance of a second UI based on the selected device that is dynamic and not a static one. For example if user selected a different device at screen 47A then the system will provide a different instance of 47C to control different devices. That is clarified for example in Fig. 11A-11D, ¶155, “The button 152 may be labeled “Device List,” and may provide access to a list of controllable devices 94 for which the handheld device 40 has software capabilities to control; the button 154 may be labeled “Add Device,” and may enable a user to install appropriate software to control another controllable device”,” and Fig. 49A-49C. Accordingly, even if each instance of the GUI 47C control a single device at a given time, the disclosed system still meets the claim language, because the claim only requires the commands from a plurality of code sets to be selected and mappable and not that all the commands to be concurrently displayed.
Third, assuming arguendo that the current claims require an application that control multiple devices within a single display, Rosenblatt teach the ability to create a universal remote control for controlling multiple devices See at least Fig. 58A-59G, ¶254, “A button 628, labeled “Universal Remote,” may allow a user to control the DVR 607 using a customized universal remote, which may include the ability to control a variety of devices in addition to the DVR 607”.
Applicant argue that Rosenblatt does not describe, teach, or suggest that the “hybrid remote control” is or should be invoked from the “classic remote control.” Accordingly, it is submitted that Rosenblatt does not describe, teach, or suggest programming that allows a third user interface to be invoked while either a first user interface or a second user interface is being displayed.
Examiner respectfully disagrees, Rosenblatt teach the argued limitation as shown in Fig. 47A-47D where the user can invoke different displays from the previous display. For example user invoke hybrid remote while the preceding GUI is displayed and active. Specifically, user select the desired remote type from the current GUI to be presented. This satisfy the claim requirement that the third user interface is invoked while either the first or the second GUI is being displayed.
Applicant comment that The statement "the claim only requires the commands from a plurality of code sets to be selected and mappable and that all the commands to be concurrently displayed" ignores the fact that the claims set forth that each individual claimed, displayed user interface is mapped to a plurality of command code sets.
Examiner notes that Rosenblatt disclose a universal remote architecture with UI elements associated with multiple control code sets for different devices. However, the claims do not additionally require that every mapped UI element to be concurrently visible within a single fixed static screen view.
Applicant argue that Rosenblatt does not describe, teach, or suggest that the "hybrid remote control" is or should be invoked from the "classic remote control." Accordingly, it is submitted that Rosenblatt does not describe, teach, or suggest programming that allows a third user interface to be invoked while either a first user interface or a second user interface is being displayed. To the extent is was asserted that the user interface shown in Fig. 59A corresponds to the claimed first user interface and the user interface shown in Fig. 59B corresponds to the claimed second and third user interfaces, it is submitted that, when the user interface shown in Fig. 59B is modified to create the alleged third user interface, the user interface shown in Fig. 59B is not, and cannot be, displayed over the original version of Fig. 59B, i.e., the original version of Fig. 59B ceases to exist once modified. Accordingly, it is again submitted that Rosenblatt does not describe, teach, or suggest programming that allows a third user interface to be invoked while either a first user interface or a second user interface is being displayed.
Examiner respectfully disagrees,
First, the requirements only require display of the third graphical user interface (GUI) over at least a portion of the first or second GUI. Reviewing Fig. 47A-47D, different display portions and GUI structures remain persistent across the displayed interfaces. Thus the teaching disclose invocation of different GUI states while portions of the existing GUI remain displayed.
Second, the claims explicitly recite invocation of third GUI while either first GUI or the second GUI is displayed. Assuming arguendo that a modified second GUI no longer remain displayed in its original form, the claim are still met where the third GUI is invoked while the first GUI remain displayed.
Third, the claims do not require the third GUI to be invoked directly from the first or second GUI itself. The claim only require that responding to user input while either the first or second graphical user interface is displayed to invoke the secondary universal remote control application.
Applicant argue that the examiner did not dispute that the "hybrid remote" of Rosenblatt does not include "one or more commands from each of the plurality of command codes sets mapped to a corresponding one or more of a plurality of user interface elements.". This argument was also ignored in the "Response to Arguments" section of the latest Office Action.
Examiner respectfully disagrees, the argument was addressed in point 8 in the previous office action response.
Applicant argue that the Examiner does not dispute that Rosenblatt does not describe, teach, or suggest that the "hybrid remote control" is or could be invoked from the "classic remote control." This argument was also ignored in the "Response to Arguments" section of the latest Office Action.
Examiner respectfully disagrees, the argument was addressed in point 9 in the previous office action response.
Applicant argue that the Examiner does not dispute that the user interface shown in Fig. 59B is not, and cannot be, displayed over the original version of Fig. 59B because the original version of Fig. 59B ceases to exist once modified. This argument was also ignored in the "Response to Arguments" section of the latest Office Action.
Examiner respectfully disagrees, the argument was addressed in point 10 in the previous office action response.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
US Patent Application Publication No. 20090239587 filed by Negron et al. that disclose the ability to provide a full remote control or a secondary remote control to control devices See at least Fig. 3a-3d
Examiner has pointed out particular references contained in the prior arts of record in the body of this action for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and Figures may apply as well. It is respectfully requested from the applicant, in preparing the response, to consider fully the entire references as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior arts or disclosed by the examiner. It is noted that any citation to specific pages, columns, figures, or lines in the prior art references any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331-33, 216 USPQ 1038-39 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED ABOU EL SEOUD whose telephone number is (303)297-4285. The examiner can normally be reached Monday-Thursday 9:00am-6:00pm MT.
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/MOHAMED ABOU EL SEOUD/Primary Examiner, Art Unit 2148
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