DETAILED ACTION
This office action is responsive to the respond filed 7/21/2025. The application contains claims 1-14, 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.
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.
Claims 1-3, 5-9, 12-14 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 Xiao et al. [US 2012/0081299 A1, hereinafter Xiao]
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:
invoking a first remote control application of the smart device wherein the invoked first remote control application causes a main remote control user interface to be displayed in a display of the smart device (Fig. 58a-5F, ¶290, “Turning first to FIG. 58A, “select the list item 498, labeled “Universal Remote,” from the screen 496. Alternatively, the user may select the buttons 628, 672, 712, 758, or 808, labeled “Universal Remote” from the screens 620, 664, 704, 750, or 800, respectively. When the universal remote control capabilities have not been configured, the handheld device 40 may display a screen 822, as illustrated by FIG. 58B”, Fig. 59A-59G, ¶¶293-294, “FIGS. 59A-G depict screens that may be displayed on the handheld device 40 when universal remote control capabilities are activated. … selecting the list item 498 labeled “Universal Remote,” of the screen 496 may enable a user to access the universal remote … Turning to FIG. 59B, the screen 834, representing the universal remote control, may include a variety of universal remote control buttons 836”);
receiving input by use of the displayed main remote control user interface to configure a second remote control application different than the first remote application (¶59B, “Turning to FIG. 59B, the screen 834, representing the universal remote control, may include a variety of universal remote control buttons 836 … button 840, labeled “Edit,” may enable the user to add or remove buttons 836 from the universal remote control of the screen 834”, ¶295, “Turning to FIG. 59C… The screen 842 may include, for example, remove buttons 844 associated with each of the universal remote control buttons 836. 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”); and
invoking on the smart device the second remote control application in direct response to a [swiping] gesture input being provided to the smart device wherein the invoked second remote control application causes a secondary remote control user interface to be displayed in the display of the smart device (Fig. 59A, ¶294, “After the universal remote control has been configured in the manner described above, selecting the list item 498 labeled “Universal Remote,” of the screen 496 may enable a user to access the universal remote from the handheld device 40, as illustrated in FIG. 59A”, “A button 840, labeled “Edit,” may enable the user to add or remove buttons 836 from the universal remote control of the screen 834”); and
wherein the main remote control user interface displayed in the display of the smart device comprises a first plurality of user interface elements including a first subset of user interface elements mapped to commands within a first command code set (Fig. 58A-58F, 59A-59G, ¶289, “FIGS. 58-59 illustrate the use of the handheld device 40 as a universal remote control based on the techniques described above. As described below, a controlling device 92, such as the handheld device 40, may serve to control more than one device at once by operating in a universal remote control capacity. Particularly, by combining elements of remote control schemes pertaining to different devices, many different devices may be controlled from the same remote control screen”),
the secondary remote control interface displayed in the display of the smart device comprises a second plurality of user interface elements including a third subset of user interface elements mapped to commands within the first command code set (59A-59F, ¶294, “button 840, labeled “Edit,” may enable the user to add or remove buttons 836 from the universal remote control of the screen “, ¶295, “remove buttons 844 associated with each of the universal remote control buttons 836. 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”, ¶296, “Turning to FIG. 59F, a screen 860 may be displayed on the handheld device 40 when the user selects the button 858, labeled “Add.” The screen 860 may prompt the user to save the additional buttons onto the universal remote by way of a button 862, labeled “Save.””, ¶297, “Selecting the button 862, labeled “Save,” may cause the handheld device to display the screen 834 with new buttons 864, in addition to previously existing universal remote buttons 836, as shown in FIG. 59G. The new buttons 864 may thereafter be used to control the DVR 607 … universal remote control of the screen 834 may be customized by the user to include controls from any control scheme associated with a device that may be controlled from the handheld device”).
Rosenblatt does not explicitly teach swiping gesture.
Xiao teach receiving input by use of the displayed main remote control user interface to configure a second remote control application (¶31, “module 215 offers the user various customization features for tailoring the content presentment capabilities of the interface to their liking (e.g., skin selection, button activation/deactivation, text features, etc.)”)
invoking on the smart device the second remote control application in direct response to a swiping gesture input being provided to the smart device wherein the invoked second remote control application causes a secondary remote control user interface to be displayed in the display of the smart device (¶¶61-62, “swipe bottom up to top to open or activate widgets, web services or other executables presented as or along with media content”, ¶43, “The menu or control panel widget 507, when activated by user touch or other means, invokes presentment of a menu or control panel that features various control functions of the STB”);
the secondary remote control interface displayed in the display of the smart device comprises a second plurality of user interface elements, and the second plurality of user interface elements is selected from the first plurality of user interface elements and comprises less than all of the first plurality of user interface elements (¶43, “menu or control panel widget 507, when activated by user touch or other means, invokes presentment of a menu or control panel that features various control functions of the STB 103 …”, ¶46, “ a television guide widget 705 is presented as content to the display 701. By way of example, the widget 705 may be activated based on a finger touch … touchable display of the laptop presents the widget 705 concurrent with display 701 of the STB. As will be discussed later, the user may provide various inputs … for interacting with the widget 705, all of which include particular variations and applications of touch that affect control of the STB or interaction with content presented to the STB display”, ¶47, “By way of example, a social networking application 805 … Control buttons may also be featured for controlling execution of the content 809 or STB, i.e., a volume control button 815, pause button, record button, etc.”).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to allow the activation of a second user interface based on a swipe gesture.
Rosenblatt and Xiao are 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 approach that provides flexible, efficient techniques for enabling control of content over a display, particularly a touchable display which will save user’s time and effort and increase satisfaction (Xiao, ¶2).
With regard to Claim 2,
Rosenblatt-Xiao teach the non-transitory, computer-readable media as recited in claim 1, wherein the instructions use input received into the smart device to specify to the first remote control application the common plurality of command code sets (Rosenblatt, Fig. 47C, Fig. 45A, ¶261, remote controls associated with different devices include different commands wherein each set of commands are associated with specific device, ¶¶239-240, “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”).
Same motivation for combining claim 1 apply to the current claim.
With regard to Claim 3,
Rosenblatt-Xiao teach the non-transitory, computer readable media as recited in claim 1, wherein the secondary remote control user interface is caused to be superimposed over content currently being displayed in the display of the smart device (Xiao, Fig. 5, ¶43, “menu or control panel widget 507, when activated by user touch or other means, invokes presentment of a menu or control panel that features various control functions of the STB 103 relative to the content 503. The time widget 509, which is positioned atop content 503”).
It would have been obvious to a person of an ordinary skill in the art at the time the invention was made to use Xiao teaching to display activated or invoked widget superimposed over content currently being displayed. Rosenblatt and Xiao 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 a clear view of the different content that the user could interact with in the background while maintain a clear view of the selected widget which provide flexible, efficient techniques for enabling control of content over a display and a much better viewer experience which will increase user’s satisfaction (Xiao, ¶2).
With regard to Claim 5,
Rosenblatt-Xiao teach the non-transitory, computer readable media as recited in claim 1, wherein the first command code set is associated with a first target device, the second command code set is associated with a second target device different than the first target device, and the instructions cause an infrared transmission system of the smart device to transmit commands for controlling functional operations of the same intended plurality of target devices (Rosenblatt ¶296, “Turning to FIG. 59F, a screen 860 may be displayed on the handheld device 40 when the user selects the button 858, labeled “Add.” The screen 860 may prompt the user to save the additional buttons onto the universal remote by way of a button 862, labeled “Save.””, ¶297, “Selecting the button 862, labeled “Save,” may cause the handheld device to display the screen 834 with new buttons 864, in addition to previously existing universal remote buttons 836, as shown in FIG. 59G. The new buttons 864 may thereafter be used to control the DVR 607 … universal remote control of the screen 834 may be customized by the user to include controls from any control scheme associated with a device that may be controlled from the handheld device”, ¶261, remote controls associated with different devices include different commands wherein each set of commands are associated with specific device, ¶¶239-240, [0101], “infrared (IR) interface 25 may enable the electronic device 10 to receive and/or transmit signals with infrared light”, Xiao, ¶78). Same motivation for combining claim 1 apply to the current claim.
With regard to Claim 6,
Rosenblatt- Xiao teach the non-transitory, computer readable media as recited in claim 1, wherein the first command code set is associated with a first target device, the second command code set is associated with a second target device different than the first target device, and the instructions cause a radio frequency transmission system of the smart device to transmit commands for controlling functional operations of the same intended plurality of target devices (Rosenblatt ¶296, “Turning to FIG. 59F, a screen 860 may be displayed on the handheld device 40 when the user selects the button 858, labeled “Add.” The screen 860 may prompt the user to save the additional buttons onto the universal remote by way of a button 862, labeled “Save.””, ¶297, “Selecting the button 862, labeled “Save,” may cause the handheld device to display the screen 834 with new buttons 864, in addition to previously existing universal remote buttons 836, as shown in FIG. 59G. The new buttons 864 may thereafter be used to control the DVR 607 … universal remote control of the screen 834 may be customized by the user to include controls from any control scheme associated with a device that may be controlled from the handheld device”, ¶261, remote controls associated with different devices include different commands wherein each set of commands are associated with specific device, ¶¶239-240, Xiao, ¶42, “radio-frequency (RF) communication”, ¶78).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to include the usage of radio-frequency community.
Rosenblatt and Xiao are 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 approach that provides flexible, efficient techniques for enabling control of content over a display, particularly a touchable display using a variety of user’s devices using a wider variety of communication forms which will increase user’s satisfaction (Xiao, ¶2).
With regard to Claim 7,
Rosenblatt-Xiao teach the non-transitory, computer readable media as recited in claim 1, wherein the smart device comprises a tablet computing device (Xiao, ¶44, “tablet”).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to include the usage of tablet computing devices.
Rosenblatt and Xiao are 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 approach that provides flexible, efficient techniques for enabling control of content over a display, particularly a touchable display using a variety of user’s devices which will increase user’s satisfaction (Xiao, ¶2).
With regard to Claim 8,
Rosenblatt-Xiao teach the non-transitory, computer readable media as recited in claim 1, wherein the smart device comprises a smart phone (Rosenblatt [0092], “electronic device 10 may represent, for example, an iPhone®”).
With regard to Claim 9,
Rosenblatt-Xiao teach the non-transitory, computer readable media as recited in claim 1, wherein an entirety of the display of the smart device is used by the main remote control user interface (Rosenblatt, 59B, Fig. 59E, 59F, 59G) and wherein less than the entirety of the display of the smart device is used by the secondary remote control user interface (Xiao, Fig. 5-6, ¶26, “content processing device 103 may also permit the embedding or overlay of additional content (e.g., messages, captions, advertisements) 241 a-241 b for presentment along with any broadcasted or televised content rendered to the display 905”, ¶43, “menu or control panel widget 507, when activated by user touch or other means, invokes presentment of a menu or control panel that features various control functions of the STB 103 relative to the content 503. The time widget 509, which is positioned atop content 503”).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to allow a second user interface to be displayed over a portion of the display.
Rosenblatt and Xiao are 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 approach that provides flexible, efficient techniques for enabling control of content over a display, particularly a touchable display by providing a better utilization for the display space (Xiao, ¶2).
With regard to Claim 12,
Rosenblatt-Xiao teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user interface elements provide for control of at least one predetermined, controllable activity (Rosenblatt, Fig. 59A-59G).
With regard to Claim 13,
Rosenblatt-Xiao teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user interface elements provide for control of volume operational functions (Rosenblatt, Fig. 59A-59G).
With regard to Claim 14,
Rosenblatt-Xiao teach the non-transitory, computer-readable media as recited in claim 1, wherein the second plurality of user interface elements provide for control of media transport functions (Rosenblatt, Fig. 59A-59G).
Claim 4 is 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 Xiao et al. [US 2012/0081299 A1, hereinafter Xiao] in view of Edwards et al. [US 2010/0114857 A1, hereinafter Edwards]
With regard to Claim 4,
Rosenblatt-Xiao teach the non-transitory, computer readable media as recited in claim 1.
Rosenblatt-Xiao do not explicitly teach wherein the secondary remote control user interface is caused to be temporarily displayed in the display of the smart device.
Edwards teach wherein the secondary remote control user interface is caused to be temporarily displayed in the display of the smart (Edwards, [0067], “GUI widget 510 is configured to hide when inactive, such as, for example, after a specified period of time of inactivity of interaction with the GUI widget 510”).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to temporarily display widget.
The motive for the modification to provide better usage of the display by removing unused widgets from display which will improve the user’s satisfaction by providing a better display and interaction experience to the user specially within limited display area.
Claim 10-11 is 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 Xiao et al. [US 2012/0081299 A1, hereinafter Xiao] in view of Buffet et al. [US 2009/0019397 A1].
With regard to Claim 10,
Rosenblatt-Xiao teach the non-transitory, computer-readable media as recited in claim 1, remote control application, wherein the second plurality of user interface elements comprises one or more of the first plurality of user interface elements (Rosenblatt, Fig. 59B, 840, allow user to edit the function associated with the universal remote control,59C, ¶291, “Turning the FIG. 58C, a screen 826 may be displayed on the handheld device 40 when the user selects the button 824. The screen 826 may enable the user to configure the universal remote by selecting from a variety of list items 828”, user create a remote control widget by removing unused keys, Fig. 59E, ¶296, “FIG. 59D displays a screen 848 that may appear on the handheld device 40 when the button 846 of FIG. 59C is selected. The screen 848 may enable the user to obtain additional remote control buttons from other devices, as indicated by a series of list items 850. If a user selects, for example, the list item 850 labeled “DVR,” the handheld device 40 may display a screen 852, as shown in FIG. 59E. The screen 852 may allow a user to add buttons that are found on a control scheme associated with the DVR 607. As shown in FIG. 59E, a hatched button 854 may represent a button 836 configured for use on the universal remote screen 834. Add buttons 856 may allow the user to select additional buttons from one of the DVR 607 control schemes”, user select to add specific keys from the DVR remote to configure a universal remote control widget).
Rosenblatt-Xiao does not explicitly teach second plurality of user interface elements comprises one or more of the first plurality of user interface elements automatically selected.
Buffet teach second plurality of user interface elements comprises one or more of the first plurality of user interface elements automatically selected ([0033]-[0034], *widget is further adapted for displaying a default object in only one of the display areas; each said default objects is an object that is statistically most often selected in its respective group”, [0099], “widget 10, as illustrated in FIGS. 10 and 11, is adapted for displaying a “default” or “preferred” object of the second group in the first display area 12. One may provide that options relating to said “default” or “preferred” object are user-editable. Displaying default objects allows in practice for saving time during navigation. In this respect, the default object in question may be an object that is statistically most often selected in its respective group”, system identify the most selected item for display).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Rosenblatt-Xiao to include the ability to identify the most selected items.
The motivation would have been to provide faster, more efficient methods and interfaces for selecting an item that is frequently used by the user which will save the user time (Buffet, [0099], “Displaying default objects allows in practice for saving time during navigation”).
With regard to Claim 11,
Rosenblatt-Xiao teach the non-transitory, computer-readable media as recited in claim 1.
Rosenblatt- Xiao does not explicitly teach wherein the instructions, when executed by the processing device of a smart device, cause the smart device to monitor selections of the first plurality of user interface elements to automatically determine the second plurality of user interface elements
Buffet teach wherein the instructions, when executed by the processing device of a smart device, cause the smart device to monitor selections of the first plurality of user interface elements to automatically determine the second plurality of user interface elements ([0033]-[0034], *widget is further adapted for displaying a default object in only one of the display areas; each said default objects is an object that is statistically most often selected in its respective group”, [0099], “widget 10, as illustrated in FIGS. 10 and 11, is adapted for displaying a “default” or “preferred” object of the second group in the first display area 12. One may provide that options relating to said “default” or “preferred” object are user-editable. Displaying default objects allows in practice for saving time during navigation. In this respect, the default object in question may be an object that is statistically most often selected in its respective group”, system identify the most selected item for display).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify Rosenblatt-Xiao to include the ability to identify the most selected items.
The motivation would have been to provide faster, more efficient methods and interfaces for selecting an item that is frequently used by the user which will save the user time (Buffet, [0099], “Displaying default objects allows in practice for saving time during navigation”).
Response to Arguments
Applicant arguments that the subject application complies with the written description requirements is persuasive, therefore the 35 USC 102 (a) rejection is respectfully withdrawn.
Examiner respectfully withdraw the rejection of claim 2 under 35 USC 112(b) based on the provided amendments.
Applicant argue that Rosenblatt as modified by Xiao does not disclose two distinct remote control application as claimed.
Examiner respectfully disagrees,
The claim does not require a separately installed applications or distinct software package. Rather the second different remote control application requirement is satisfied by Rosenblatt that disclose separately configured and invoked remote control instances with a different functionality, displayed interface elements, and set of controls. In other words, “different” is satisfied because the user’s edit or remove or add inputs create a distinct, configured remote control instance with a different plurality of interface elements (i.e. different remote control application as claimed), without requiring separate installed executable programs/applications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
US Patent Application Publication No. 20120084662 filed by Navarro et al. and disclose the ability to use remote control widgets for controlling devices See at least Fig. 4.
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)).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michelle Bechtold can be reached at (571) 431-0762. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED ABOU EL SEOUD/Primary Examiner, Art Unit 2148